Bankr. No.:
00-10053
Chapter:
7
Date of Decision:
August 27, 2004
Issue:
Whether Debtor’s objection to Trustee’s proposed distribution should be sustained where Debtor wanted Trustee to marshal assets in a manner that would have increased payments to unsecured creditors but not have paid judgment lien creditors as well?
Ruling:
The objection was overruled. Debtor should have raised the issue sooner, when the various real and personal property sales and proceeds distribution motions were considered. The objection was also overruled because the marshaling of assets should never prejudice a secured creditor.
Full Bankruptcy Court Decision:
