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IN RE DALEY

Bankruptcy No. 97 B 47862(TLB), Adversary No. 98/8190A.

222 B.R. 44 (1998)

In re William Stewart DALEY, Debtor. GREENFIELD, STEIN & SENIOR, LLP, Plaintiff, v. William Stewart DALEY, Defendant.

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

June 11, 1998.

Attorney(s) appearing for the Case

Greenfield, Stein & Senior L.L.P., New York City, by Paul T. Shoemaker, for Plaintiff.

Marilyn Simon & Associates, New York City, by Robert D. Raicht, for Defendant.

DECISION GRANTING MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6)

TINA L. BROZMAN, Chief Judge.

The debtor in this chapter 7 case moves to dismiss an adversary proceeding commenced by a law firm seeking a declaration that it is subrogated to the asserted nondischargeable claim of the debtor's former wife. At issue is whether an attorney whose charging lien was set aside in favor of the lien of the debtor's former spouse is subrogated to the former...

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