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Kipperman v. Sutherland (In re Bush)

Kipperman v. Sutherland (In re Bush)

Ruling
Charging lien against both real estate and proceeds of sale was valid and non-avoidable.
Procedural posture

After plaintiff trustee filed an adversary proceeding asserting claims for relief under 11 U.S.C. §§ 544(a)(1), (2) and (3), 545(2) and 547(b), the effect of which would be to avoid a charging lien filed by defendant, former counsel to the chapter 7 debtor, defendant moved for summary judgment declaring that the charging lien was valid and had attached to proceeds of the sale of debtor's real estate in connection with debtor's divorce.

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opinion summary, case decided on November 14, 2006 , LexisNexis #0107-117