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  • All the Single Debtors: Court Refuses to Expand Exceptions to the Single Debtor Rule Under Doctrine of Marshalling

All the Single Debtors: Court Refuses to Expand Exceptions to the Single Debtor Rule Under Doctrine of Marshalling

Gabrielle Motuz, Katherine Rubin and Jessica Cameron of Fasken summarize a recent decision which provides a useful summary of the principles of marshalling and the appropriate circumstances in which the doctrine can be invoked, while also serving as a reminder to subordinate creditors to ensure they understand the nature and extent of a senior creditor’s guarantee and security package before they agree to the terms of subordination.