The Western District of New York recently decided two cases with novel issues of law. In one, Bankruptcy Court addressed an issue of first impression under New York law about whether the refinancing of the marital home resulted in a charging lien. In another, after two favorable challenges to casino gambling in Buffalo, essentially the same group of plaintiffs lost their third round through statutory construction.
Charging Liens
U.S. Bankruptcy Judge Michael J. Kaplan decided in In re Steven Joseph DeWolfe, 494 B.R. 193 (June 19, 2013), the debtor’s matrimonial counsel did not have a charging lien, which would be superior to the rights of the Chapter 7 estate, on certain of debtor’s funds resulting from refinancing of the marital residence.
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