Also known as: marshals · marshaled · marshalled · marshaling · marshalling · marshalling of assets · marshaling of assets
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
The process of gathering and applying a dissolving entity's assets to satisfy its debts and obligations before any distribution to owners. The duty arises once dissolution occurs and limits the entity's continued activities to winding up.
The process of gathering and applying a dissolving entity's assets to satisfy its debts and obligations before any distribution to owners. The duty arises once dissolution occurs and limits the entity's continued activities to winding up.
After Momentum Capital dissolved its limited partnership, the general partner identified accounts receivable and equipment as the remaining assets. The partner gathered these items, used proceeds to pay vendor invoices and partner loans, and then divided any surplus among the limited partners according to their interests.
A federal or state official authorized to execute arrest warrants, serve process, and perform other court-directed enforcement duties. Only such officers or persons specially appointed may carry out these functions under the governing rules.
Federal agents obtained an arrest warrant for Mason McCarthy on a fraud charge. Only the United States marshal, not the investigating agents, executed the warrant at McCarthy's residence and brought him before the magistrate judge for initial appearance.
Monica Morgan sued Millennium Media in federal court and requested service by a United States marshal because she qualified for in forma pauperis status. The marshal delivered the summons and complaint to the company's registered agent, completing service under the court's order.
A federal or state official authorized to execute arrest warrants, serve process, and perform other court-directed enforcement duties. Only such officers or persons specially appointed may carry out these functions under the governing rules.
Each sense below has its own examples, sources, and questions.
Madison Meyers and Melanie Morris dissolved their consulting partnership. Madison collected outstanding client fees and sold office furniture, applied the funds to settle the bank loan and supplier bills, and prepared a final distribution of any balance to the two partners.
Matrix Technologies dissolved its limited liability company. The managers collected receivables, liquidated inventory, paid all trade creditors and tax obligations, and then distributed the remaining cash to the members in proportion to their ownership percentages.
After Miranda Morales's death, the personal representative identified multiple bank accounts and real property located in two states. The representative gathered the assets under each court's control and applied them pro rata to satisfy all allowed creditor claims before any distribution to heirs.
The partnership must first discharge all debts, obligations, and liabilities, then settle and close its business activities, and only then marshal and distribute any remaining assets to the partners.
Yes. A dissolved limited liability company must discharge its debts and liabilities, settle its affairs, and marshal and distribute its assets in the same manner required of partnerships.
The entity continues only for the purpose of winding up. It may not pursue new business but must focus on discharging liabilities and marshaling assets for distribution.
Only a United States marshal or other authorized officer may execute a federal arrest warrant. A summons may be served by any person authorized to serve process in a federal civil action.
A court may order service by a marshal at the plaintiff's request and must do so when the plaintiff proceeds in forma pauperis or as a seaman under the relevant statutes.
…misstatements of fact regarding the official conduct of a government officer. The impressive array of history and precedent marshaled by the Court, however, confirms my belief that the Constitution affords greater protection than that provided by the Court's standard to citizen and press in exercising the right of public…