Sandler v. Beck (In re Fidelity Standard Mortgage Corp.)

FINDINGS OF FACT AND CONCLUSIONS OF LAW

JOSEPH A. GASSEN, Bankruptcy Judge.

THIS CAUSE came on for trial on July 18, 1983, upon the Plaintiff’s Complaint seeking, primarily, imposition of an attorney’s charging lien or an equitable lien upon the proceeds of sale of certain real properties which are a part of the Debtors’ estate herein. The Defendant, A.W. BECK, TRUSTEE, has filed his Answer and Affirmative Defenses, denying Plaintiff’s right to imposition of such liens and raising, in addition, the Trustee’s avoiding powers pursuant to 11 U.S.C. § 544(a).

The facts are not in material dispute.…