Legal Opinion

In Re Joseph

United States Bankruptcy Court, D. Connecticut

Decided August 31, 2005No. 19-50249Published

1Opinion of the Court

RULING FIXING AMOUNT OF ATTORNEY’S CHARGING LIEN

ROBERT L. KRECHEVSKY, Bankruptcy Judge.

I

INTRODUCTION

Fryer & Ross LLP 1 (“Ross”), holder of an asserted attorney’s charging lien against the proceeds of a prepetition judg ment in favor of the debtor, presently on appeal, filed a motion (“the Ross motion”) seeking, inter alia 2 , to fix the amount of his senior charging hen (“the Ross lien”) and for a declaration that he is entitled to credit-bid up to such amount at the trustee’s proposed sale of the judgment. The following background was culled primarily from the undisputed factual allegations…

2Cases cited7 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Lmwt Realty Corp. v. Davis Agency Inc.New York Court of Appeals · 1995
  3. In Matter of Petition of Rosenman & Colin, Appellee-Cross-Appellant, for an Adjudication of Its Rights in the Matter of Sherrier v. Richard. Rosenman & Colin, Cross-Appellant, Julian Sherrier v. Bernice Richard, Defendant-Respondent-Appellant, Cross-AppelleeCourt of Appeals for the Second Circuit · 1988
  4. In Re Command Services Corp.United States Bankruptcy Court, N.D. New York · 1989
  5. Spinello v. SpinelloNew York Supreme Court · 1972

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