North Dakota Statutes
§ 13-01-04 — Marshalling funds - Rights of creditors
When a creditor is entitled to resort to each of several funds for the satisfaction of the
creditor's claim and another person has an interest in, or is entitled as a creditor to resort to,
some but not all of them, the latter may require the former to seek satisfaction from those funds
to which the latter has no such claim so far as it can be done without impairing the right of the
former to complete satisfaction and without doing injustice to third persons. This section does
not apply to execution sales of real estate mortgage foreclosures.
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Related
Armstrong v. First National Bank, Minot (In Re Clothes, Inc.)
40 B.R. 997 (D. North Dakota, 1984)
Nearby Sections
15
§ 13-01-01
Definitions of creditor and debtor§ 13-01-03
Creditors may be preferred§ 13-01-04
Marshalling funds - Rights of creditors§ 13-01-06
Transfer of personalty without changing of possession or filing of instrument presumed fraudulent§ 13-01-07
Instruments affecting realty void when made with intent to defraud - Good-faith purchaser protected§ 13-01-08
When act of debtor void for fraud§ 13-01-10
Fraudulent intent a question of fact§ 13-01-11
Fraudulent conveyance - Penalty