IN RE PAYNE & HADDOCK, INC.

Bankruptcy No. 1-87-01803, Adv. No. 1-87-0227.

103 B.R. 166 (1988)

In re PAYNE & HADDOCK, INC., Debtor. Thomas E. RAY, Trustee, Plaintiff, v. AMERICAN NATIONAL BANK & TRUST COMPANY, Defendant.

United States Bankruptcy Court, E.D. Tennessee.

December 23, 1988.


Attorney(s) appearing for the Case

Thomas E. Ray of Ray & North, P.C., Chattanooga, Tenn., for plaintiff.

Shelley D. Rucker of Miller & Martin, Chattanooga, Tenn., for defendant.


MEMORANDUM

RALPH H. KELLEY, Chief Judge.

This adversary proceeding raises a complicated question about the right of a junior lienholder to require the holder of a senior lien to marshal its collateral.

The defendant, American National Bank, made a loan to the debtor secured by equipment and accounts receivable. The debt currently is $25,540.66. The bank made the debtor a second loan secured only by accounts receivable. The second secured debt now...

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