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IN RE DeWOLFE

No. 12-12211 K.

494 B.R. 193 (2013)

In re Steven Joseph DeWOLFE, Debtor.

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

June 19, 2013.

Attorney(s) appearing for the Case

Daniel E. Brick , North Tonawanda, NY, Trustee.

John D. Wieser , Getzville, NY, for Debtor.

OPINION AND ORDER

Michael J. Kaplan, Bankruptcy Judge.

The question before the Court is one of first impression in New York.1 On its face it seems clear-cut. Does the Debtor's matrimonial counsel have a "charging lien" that is superior to the rights of the Chapter 7 estate as to a fund that was set aside for the Debtor in the matrimonial court "as and for his interest in" the marital home, but where the home was not to...

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