Does anyone have a sample of a marshalling motion?
Posted: Sun Sep 09, 2018 3:16 pm
Dear Colleagues,
Debtor has several real properties that serve as collateral for one loan. When the properties sell the bank will be paid in full and there will be money left over to pay the general unsecureds.
One of the properties is the Debtors principal residence, which will be the first to sell in the orderly liquidation. We claimed a $100,000 homestead in the property. However, the bank wont be paid in full when it sells. We have to sell the other properties to accomplish that. Therefore, we need to file a marshalling motion to have $100,000 of the proceeds set aside after the sale. Ive never done a marshalling motion. Do any of you have a sample youre willing to share?
Thanks for your help.
Nick
Nicholas Gebelt
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
Certified Bankruptcy Law Specialist State Bar of California Board of Legal Specialization
Law Offices of Nicholas Gebelt
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