THE SECURED CREDITOR'S SHARE OF AN INSOLVENT ESTATE
Hanson, Fred T.
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1930s1940s
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- 1947United States National Bank v. Chase National Bank U.S.
- 1939State v. Moberly Mo.
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Abstract
Liquidation proceedings destroy the creditor's independent right to enforce full payment of the debt or in any way obtain a new advantage over other creditors. This change in the normal incidents of property in a debt is necessary in order to distribute the limited fund equitably. But in applying this principle, previously acquired rights by way of lien upon specific property must be respected.