Pittsburgh National Bank v. Lomb (In Re Lomb)

MEMORANDUM AND ORDER

WARREN W. BENTZ, Bankruptcy Judge.

This 23 day of June, 1987, upon the trustee’s request to apply the doctrine of mar-shalling against Pittsburgh National Bank in the above-captioned matter, after notice, hearings and consideration of the parties’ briefs, there being no genuine issue as to any material fact, the legal issues being as follows:(1) Whether a chapter 7 trustee may invoke the doctrine of marshalling against a secured creditor of the debtor so as to benefit the unsecured creditors of the estate; and(2) If so, whether the elements required for proper application…