In re Robert E. Derecktor of Rhode Island, Inc.
United States Bankruptcy Court for the District of Rhode Island
150 B.R. 296 (1993)
Shipbuilder Robert E. Derecktor of Rhode Island (debtor) owed the Rhode Island Port Authority (creditor) nearly $5 million, secured only by specific equipment, machinery, and inventory, and owed the FDIC (creditor) $7 million secured by all of the debtor's assets; the Port Authority petitioned to marshal assets, directing the FDIC to first satisfy its claim from assets unavailable to the Port Authority, in order to preserve the narrower collateral for the Port Authority's own claim. Unsecured creditors opposed marshaling, since it would diminish the assets remaining for their own claims.
Whether a court can require a senior creditor holding an interest in all of the debtor's assets to first look to collateral unavailable to a junior, more narrowly secured creditor, in order to preserve the junior creditor's rights, when doing so does not prejudice the senior creditor or similarly situated third parties.