MATTER OF BART v. FOX


3 A.D.3d 323 (2004)

772 N.Y.S.2d 647

In the Matter of ALAN BART, Respondent, v. LEO FOX, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

January 6, 2004.


Petitioner judgment creditor seeks to recover some $42,000 paid to respondent attorney by the judgment debtor's wife for legal fees incurred by the judgment debtor in a bankruptcy proceeding filed by the judgment debtor shortly after entry of petitioner's judgment of some $1.5 million. The bankruptcy proceeding was dismissed with prejudice upon motion of the bankruptcy trustee, which petitioner joined, because of the debtor's noncompliance with his disclosure obligations...

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