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IN RE MOSHENBERG

Bankruptcy No. 98-18027 B. Adversary No. 00-1191 B.

284 B.R. 532 (2002)

In re Saul D. MOSHENBERG, Debtor. Saul D. Moshenberg, Plaintiff, v. Rochester Telephone Company; Volvo Car Finance, Inc.; MBNA America; Canandaigua National Bank; M & T Bank; Ontario County Probation; Donn DiPasquale; & Jeffrey Morris, Defendants.

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

October 18, 2002.

Attorney(s) appearing for the Case

Saul D. Moshenberg, Buffalo, NY, Pro Se.

Stephen M. Nagle, Assistant Attorney General, Albany, NY, for The Lawyers' Fund for Client Protection of the State of New York for Defendant Ontario County Probation.

Donn A. DiPasquale, Fairport, NY, Pro Se and for Defendant Jeffrey H. Morris.

Zdarsky, Sawicki & Agostinelli, Mark J. Schlant, of counsel, Buffalo, NY, for the Trustee.

Mark W. Warren, Buffalo, NY, for M & T Bank.

John C. Park, Ontario County Attorney, Canandaigua, NY, for Ontario County.

Lawrence, Werner, et al., Christopher K. Werner, of counsel, Canandaigua, NY, for Canandaigua National Bank.

CARL L. BUCKI, Bankruptcy Judge.

Innumerable are the instances in which attorneys agree to hold funds in escrow, for the benefit of clients or as an accommodation in anticipation of a settlement of disputes. The issue now before this court is whether the escrow holder enjoys an implied right to compensation from the corpus of the account.

Saul D. Moshenberg, the debtor herein, is a former attorney who was previously convicted of grand larceny and scheming...

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