An assignment that, although not legally valid, will be recognized and enforced in equity — for example, an assignment of a chose in action or of future acquisitions of the assignor. • To accomplish an “equitable assignment,” there must be an absolute appropriation by the assignor of the debt or fund sought to be assigned. […]
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equitable assignment of debt 衡平法上的债务转让 指债权人只需通知债务人，不必再履行其他手续即可成立的债务转让。
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equitable assignment 衡平法上的转让 指在普通法中被认为无效，但为衡平法所承认并得以执行的转让。例如对权利动产〔chose in action〕或将来可得利益的转让。待履行的协议〔executory agreement〕或信托宣告〔declaration of trust〕在普通法法院被认为是不能执行的转让，但在衡平法院，则可适用合理的自由裁量权，认定其可被执行。构成衡平法上的转让，须以转让人对被转让的债务或基金享有绝对专有权〔appropriation〕为条件。
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equitable distribution. Family law. The division of marital property by a court in a divorce proceeding, under statutory guidelines that provide for a fair, but not necessarily equal, allocation of the property between the spouses. • With equitable distribution, when a marriage ends in divorce, property acquired during the marriage is divided equitably between the
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creditor’s bill. An equitable suit in which a judgment creditor seeks to reach property that cannot be reached by the process available to enforce a judgment. — Also termed creditor’s suit. [Cases: Debtor and Creditor 11. C.J.S. Assignments for Benefit of Creditors § 26; Creditor and Debtor §§ 95–105.]
rule of marshaling assets. An equitable doctrine that requires a senior creditor, having two or more funds to satisfy its debt, to first dispose of the fund not available to a junior creditor. • It prevents the inequity that would result if the senior creditor could choose to satisfy its debt out of the only
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