Responsa for Bava Batra 68:1
ההוא ארבא דהוו מינצו עלה בי תרי האי אמר דידי היא והאי אמר דידי היא אתא חד מינייהו לבי דינא ואמר תיפסוה אדמייתינא סהדי דדידי היא תפסינן או לא תפסינן רב הונא אמר תפסינן רב יהודה אמר לא תפסינן
There was a certain river boat about which two men were disputing.<span class="x" onmousemove="('comment',' But apparently without having actually seized the boat, since in that case the law would be that they should divide it, according to B.M. ad init. ');"><sup>1</sup></span> One said, 'It is mine', and the other said, 'It is mine. One of them went to the <i>Beth din</i> and appealed to them: 'Attach the boat<span class="x" onmousemove="('comment',' So that the other should not sell it in the meanwhile. ');"><sup>2</sup></span> until I bring witnesses to prove that it belongs to me.' [In such a case] should we attach the boat or not?<span class="x" onmousemove="('comment',' I.e., which course is more likely to assist the rightful owner to obtain possession? ');"><sup>3</sup></span> R. Huna says we should attach it,<span class="x" onmousemove="('comment',' Because we presume that he will succeed in finding witnesses, and therefore we prevent the boat from being disposed of in the interval. ');"><sup>4</sup></span>
Teshuvot Maharam
A. Since A owes money to several persons, and since he owes more than the total value of his possessions, each creditor is entitled to receive an equal share of such possessions irrespective of the amount due him. The debtor, however, may distribute his assets among his creditors in proportion to the amount due to each, before they come to court; such distribution would be irrevocable, and would even constitute a praiseworthy act. Since A is willing so to divide his possessions, no judge can force him to favor one creditor at the expense of the other creditors. However, before receiving his share of A's possessions, movables or immovables, each creditor will have to take a creditor's oath — the same oath that a creditor takes upon collecting his debt from encumbered property.
SOURCES: Cr. 219; Am II, 45; Tesh. Maim. to Mishpatim, 41.