Legal Opinion
Greenfield, Stein & Senior, LLP v. Daley (In Re Daley)
United States Bankruptcy Court, S.D. New York
Decided June 11, 1998No. 17-12303PublishedCited by 2 opinions
1Opinion of the Court
DECISION GRANTING MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6)
TINA L. BROZMAN, Chief Judge.
The debtor in this chapter 7 case moves to dismiss an adversary proceeding commenced by a law firm seeking a declaration that it is subrogated to the asserted nondischargeable claim of the debtor’s former wife. At issue is whether an attorney whose charging lien was set aside in favor of the lien of the debtor’s former spouse is subrogated to the former spouse’s claim against the debtor where her claim was or will be satisfied from the proceeds of an action which the attorney commenced for the…
2Cases cited13 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Frank Festa, Jr. v. Local 3 International Brotherhood of Electrical Workers, and Mulvihill Electrical Contracting Corp.Court of Appeals for the Second Circuit · 1990
- American Surety Co. v. Bethlehem National BankSupreme Court of the United States · 1941
- Lmwt Realty Corp. v. Davis Agency Inc.New York Court of Appeals · 1995
- In Re Valley Vue Joint VentureUnited States Bankruptcy Court, E.D. Virginia · 1991
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3Cited by2 opinions
- Liddle & Robinson, L.L.P. v. Daley (In Re Daley)United States Bankruptcy Court, S.D. New York · 1998
- Park Restoration, LLC v. Trs. of Conneaut Lake Park, Inc. (In re Trs. of Conneaut Lake Park, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 2018