Merrigan v. Small Business Administration (In Re Clary House, Inc.)

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND FINAL JUDGMENT GRANTING THE PLAINTIFF’S COMPLAINT FOR MARSHALLING OF ASSETS

DENNIS J. STEWART, Bankruptcy Judge.

The plaintiff trustee in bankruptcy has filed a complaint to compel the marshaling of assets by the defendants so as to preserve the lien interest of the bankruptcy estate in certain property. In count I of the complaint, the plaintiff requests that the defendant Small Business Administration be required first to “foreclose the deed of trust” executed by Robert Lippold in favor of the assignor of the Small Business Administration before it…