What is marshalling and under what provision?

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1099532

2026-05-19 08:15

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Marshalling is a legal principle used in insolvency and property law that ensures the equitable distribution of assets among creditors. It allows a court to direct that certain assets be used to satisfy specific debts, thereby protecting the rights of various creditors. This concept is rooted in the idea that a creditor should not benefit from a debtor's assets at the expense of another creditor who has a legitimate claim. In many jurisdictions, marshalling is governed by the principles of equity and can be invoked under various statutory provisions depending on the context, such as bankruptcy or secured transactions laws.

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