Bankr. L. Rep. P 71,102 in Re Center Wholesale, Inc. Owens-Corning Fiberglas Corp. v. Center Wholesale, Inc.

BEEZER, Circuit Judge:

For the second time, we concern ourselves with the bankruptcy of Center Wholesale, Inc. (Center). Our prior opinion recites the facts and procedural history of this case. See In re Center Wholesale, Inc., 759 F.2d 1440 (9th Cir.1985) (before Judges Wright, Pregerson and Poole). The instant appeal raises the question of whether a trustee in bankruptcy or a debtor in possession may force the “reverse marshaling” of assets. 1 We hold that he may not and therefore reverse the district court’s affirmance of Judge Rainville’s summary judgment dismissing Owens-Coming Fiberglas…