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IN RE DIG IT, INC.

Bankruptcy No. 90-02470, Adv. No. 90-8287.

129 B.R. 65 (1991)

In re DIG IT, INC., Debtor. The EXCHANGE BANK OF KINGSTREE, Plaintiff, v. SOUTH CAROLINA NATIONAL BANK; and Robert F. Anderson, Trustee, Defendants.

United States Bankruptcy Court, D. South Carolina.

February 1, 1991.

Attorney(s) appearing for the Case

B. Michael Brackett, Sherril & Rogers, P.C., Columbia, S.C., for plaintiff.

Stanley H. McGuffin, South Carolina Nat. Bank Legal Dept., Columbia, S.C., for South Carolina Nat. Bank.

Robert F. Anderson, Anderson, Lowder & Strait, P.A., Columbia, S.C., for trustee.

WILLIAM THURMOND BISHOP, Bankruptcy Judge.

Plaintiff seeks a declaratory judgment that the Trustee may not rely upon the doctrine of marshaling to force the Plaintiff to forgo its security interest and lien in the Debtor's receivables. By its cross-claim against the Trustee, Defendant SCN seeks the same declaration as Plaintiff. By his counterclaim, the Trustee seeks to invoke marshaling to require the Plaintiff to satisfy its claim against the estate from its mortgage...

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