Legal Opinion
In re DeWolfe
United States Bankruptcy Court, W.D. New York
Decided June 19, 2013No. 12-12211 KPublishedCited by 1 opinion
1Opinion of the Court
OPINION AND ORDER
Michael J. Kaplan, Bankruptcy Judge.
The question before the Court is one of first impression in New York.1 On its face it seems clear-cut. Does the Debt- or’s matrimonial counsel have a “charging lien” that is superior to the rights of the Chapter 7 estate as to a fund that was set aside for the Debtor in the matrimonial court “as and for his interest in” the marital home, but where the home was not to be sold? (In the divorce proceeding the Debtor’s lawyers (“the firm”) obtained a certain division of property that yielded a fund of $22,175.00 for that purpose. (The divorce…
2Cases cited5 opinions
- F.C.C. National Bank v. Reid (In Re Reid)United States Bankruptcy Court, W.D. New York · 1999
- Rosenman & Colin v. RichardCourt of Appeals for the Second Circuit · 1988
- Golden v. WhittemoreAppellate Division of the Supreme Court of the State of New York · 1986
- Moody v. SorokinaAppellate Division of the Supreme Court of the State of New York · 2008
- J.K.C. v. T.W.C.New York Supreme Court · 2013
3Cited by1 opinion
- In re WrobelUnited States Bankruptcy Court, W.D. New York · 2014