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Decisions of Interest

By ALM Staff | Law Journal Newsletters |

Unpaid Law Firm Is Just Another Bankruptcy Creditor

In a case of first impression, the U.S. Bankruptcy Court for the Western District of New York has declared that a debtor husband's divorce attorney's charging lien does not have superior rights to the Chapter 7 bankruptcy estate, because even though the divorce occurred prior to the filing of the bankruptcy petition, the divorce-related fund in issue that arrived post-petition was not a new source of funds for the debtor. In re Steven Joseph DeWolfe, 2013 Bankr. LEXIS 2500 (6/19/13).

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