Legal Opinion
Committee of Creditors of Ludwig Honold Manufacturing Co. v. Central Penn National Bank (In Re Ludwig Honold Manufacturing Co.)
United States Bankruptcy Court, E.D. Pennsylvania
Decided October 13, 1983No. 19-10071PublishedCited by 9 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Bankruptcy Judge:
The issue at bench is whether under the doctrine of marshalling of assets we should order a creditor who holds a security interest in the debtor’s property as well as the property of the debtor’s sureties, to foreclose its security interest in the sureties’ property prior to recourse against the debt- or’s property. The issue is presented to the court through the defendant’s motion to dismiss the complaint for failure to state a cause of action. For the reasons stated herein we will deny the motion.
The facts of this case are as follows: 1 An…
2Cases cited17 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- In Re Jack Green's Fashions For Men Big And Tall, Inc.Court of Appeals for the Eighth Circuit · 1979
- Farmers & Merchants Bank v. GibsonUnited States Bankruptcy Court, N.D. Florida · 1980
- Moser Paper Co. v. North Shore Publishing Co.Wisconsin Supreme Court · 1978
- Ramsey's AppealSupreme Court of Pennsylvania · 1834
12 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Chittenden Trust Co. v. Sebert Lumber, Co. (In Re Vermont Toy Works, Inc.)United States Bankruptcy Court, D. Vermont · 1987
- Exchange Bank of Kingstree v. South Carolina National Bank (In Re Dig It, Inc.)United States Bankruptcy Court, D. South Carolina · 1991
- InterFirst Bank Fannin v. Bernell (In Re Mesa Intercontinental, Inc.)United States Bankruptcy Court, S.D. Texas · 1987
- Matter of ChildersUnited States Bankruptcy Court, N.D. Alabama · 1984
- DeHart v. United States (In Re Metropolitan Metals, Inc.)United States Bankruptcy Court, M.D. Pennsylvania · 1985
4 more not listed; retrieve them via the Exa API.