Legal Opinion
In Re Borges
United States Bankruptcy Court, D. Connecticut
Decided July 31, 1995No. 19-20224PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM AND ORDER ON DEBTOR’S AMENDED MOTIONS PURSUANT TO 11 U.S.C. § 506(a) AND (d)
ALAN H.W. SHIFF, Bankruptcy Judge.
The debtor, Ana Borges, seeks to invoke the equitable doctrine of marshaling 1 in connection with two motions under § 506(a) so as to avoid a senior lien and then apply § 551 to preserve the equity for the benefit of the estate. For the reasons that follow, I conclude that marshaling may not be applied and that the debtor’s proposed use of §§ 506 and 551 is contrary to the bankruptcy code.
BACKGROUND
This chapter 11 case was commenced on June 30, 1994. On that date, the…
2Cases cited37 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Meyer v. United StatesSupreme Court of the United States · 1963
- Concept Associates, Ltd. v. Board of Tax ReviewSupreme Court of Connecticut · 1994
- Greenwich Trust Co. v. TysonSupreme Court of Connecticut · 1942
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3Cited by6 opinions
- Bank of the Wichitas v. LedfordSupreme Court of Oklahoma · 2006
- Official Committee of Unsecured Creditors of High Strength Steel, Inc. Ex Rel. Estate of High Strength Steel, Inc. v. Lozinski (In Re High Strength Steel, Inc.)United States Bankruptcy Court, D. Delaware · 2001
- Boyd v. Old Kent Bank (In Re Spaniak)United States Bankruptcy Court, W.D. Michigan · 1998
- Sunset Hollow Properties, LLC v. Bank of Western Massachusetts (In Re Sunset Hollow Properties, LLC)United States Bankruptcy Court, D. Massachusetts · 2007
- In Re PrayUnited States Bankruptcy Court, D. Massachusetts · 1999
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