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Appeals court addresses when attorney‑fee awards can be set off against rival judgments
Summary
Avalon Bay v. Vardensky focused on statutory construction of chapter 235 §27: tenant counsel argued attorney's‑fee awards may not be set off against any portion of an opposing party’s judgment; landlord argued rules of civil procedure and charging‑lien practice permit netting and raised bankruptcy complications about whether the tenant’s Chapter 7 filing affected the judgment or lien.
Boston — The appeals court on Tuesday considered whether a trial court lawfully offset competing awards of attorney’s fees in a landlord‑tenant case and whether a subsequent Chapter 7 bankruptcy filing altered rights to collect.
Matthew Wessler, arguing for the tenant, said the Massachusetts Legislature’s enactment of chapter 235 §27 expressly prohibits setting off an attorney’s fee award against any portion of an opposing party’s judgment and relied on Supreme Judicial Court…
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