“Charging liens are a creation of state law and thus the Court looks to Florida law to resolve these issues. To impose a charging lien, an attorney must establish four required elements: (1) an express or implied contract between attorney and client; (2) an express or implied understanding for payment of attorney’s fees out of the recovery; (3) either an avoidance of payment or a dispute as to the amount of fees; and (4) timely notice. ” Case Number: 18-14506, Bankruptcy Judge Name: LMI, Case Name: MIAMI BEVERLY, Sign Date: 10/16/2019 Cite: 2019 WL 5291364. Bankruptcy Court for the Southern District of Florida.
Posted Nov 4, 2019
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