Duarte Bankruptcy Attorney

Bankruptcy | Case Law | Marshalling Assets

MARSHALLING OF ASSETS

In re Brazier Forest Products, Inc., 921 F.2d 221 (9th Cir. 1990)

Marshaling is an equitable remedy and the decision to grant or deny marshaling of assets

rests within the discretion of the trial court. Eyre, 218 P.2d at 898. Generally, marshaling may be

invoked only: (1) on behalf of junior secured or lien creditors, (2) where the debtor has two

distinct funds, and (3) where its operation would work no inequity upon the debtor or certain third

parties. (Washington law)

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