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Opinion 31

Case Name: 

In re Kennard

Judge: 
Judge Mabey
Date: 
Oct-24-1980
Case Number(s): 
78-0922
Status: 

UNPUBLISHED

Body: 

In a case subject to the Bankruptcy Act, attorneys who represented debtor prepetition filed a secured claim for fees incurred in a successful litigation. Trustee objected to treatment of the claim as secured. Section 67b of the Act made certain state law statutory liens superior to the trustee's claim, and Utah provided such a statutory lien for attorney's fees. The court determined that the Utah lien was perfected upon the filing of a complaint. All of trustee's arguments of invalidity of the statutory charging lien were rejected by the court, and trustee's objection to the claim was denied.

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Opinion 31
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