Legal Opinion

In Re Hale

United States Bankruptcy Court, N.D. Florida

Decided May 27, 1992No. 19-30137PublishedCited by 4 opinions

1Opinion of the Court

ORDER ON MOTION TO MARSHAL ASSETS

LEWIS M. KILLIAN, Jr., Bankruptcy Judge.

This matter comes before the court on motion of Barnett Bank of Alachua (Barnett), an unsecured creditor of the debtor’s estate 1 , to require, based on the doctrine of marshaling, that Farmers Home Administration (FmHA) and the Small Business Administration (SBA), secured creditors, should first look to all of their security for full satisfaction of their respective claims before they receive distribution as unsecured creditors. Having considered the arguments of counsel, the filed memorandum of law, and for the reasons…

2Cases cited14 opinions

  1. Meyer v. United StatesSupreme Court of the United States · 1963
  2. In Re Jack Green's Fashions For Men Big And Tall, Inc.Court of Appeals for the Eighth Circuit · 1979
  3. Fundex Capital Corp. v. Balaber-Strauss (In Re Tampa Chain Co.)United States Bankruptcy Court, S.D. New York · 1985
  4. Farmers & Merchants Bank v. GibsonUnited States Bankruptcy Court, N.D. Florida · 1980
  5. Moser Paper Co. v. North Shore Publishing Co.Wisconsin Supreme Court · 1978

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3Cited by4 opinions

  1. Houghton v. United States (In Re Szwyd)United States Bankruptcy Court, D. Massachusetts · 2008
  2. In Re BeachDistrict Court, D. Kansas · 1994
  3. Hennessey Capital SE, LLC v. David (In Re Miller Engineering, Inc.)United States Bankruptcy Court, S.D. Florida. · 2008
  4. In re Bay Circle Properties, LLCUnited States Bankruptcy Court, N.D. Georgia · 2017

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