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IN RE SCHICK

Bankruptcy Nos. 96 B 42902 (SMB), 96 B 43969 (SMB) and 96 B 46282 (SMB), Adversary No. 97/8289A.

215 B.R. 13 (1997)

In re David SCHICK, Venture Mortgage Corp., and A & D Trading Group, L.L.C., Debtors. Aurora CASSIRER, Chapter 11 Trustee of the Estate of David Schick, Debtor, Plaintiff, v. INVEX, LTD., Defendant.

United States Bankruptcy Court, S.D. New York.

December 1, 1997.

Attorney(s) appearing for the Case

Parker Chapin Flattau & Klimpl, LLP, New York City (Amos Alter, of counsel), for Plaintiff.

Leo Fox, New York City, for Defendant.

MEMORANDUM DECISION REGARDING ATTORNEY'S CHARGING LIEN

STUART M. BERNSTEIN, Bankruptcy Judge.

The defendant's attorney, Leo Fox, Esq. ("Fox"), asserts a charging lien in attached funds held in a blocked account at Chase Manhattan Bank ("Chase"). Fox contends that (1) the original Order of Attachment is void, (2) his charging lien attaches to the "claim" to avoid it, and (3) primes any judgment lien the plaintiff may eventually acquire in the fund. For the...

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