· 2/14/1984
In Re Edward R. Fitzsimmons, Debtor. Edward R. Fitzsimmons v. Edward M. Walsh, Trustee, and Official Creditors' Committee
Citations
- 725 F.2d 1208
- 76 A.L.R. Fed. 845
- 10 Collier Bankr. Cas. 2d 73
- 1984 U.S. App. LEXIS 25470
- 11 Bankr. Ct. Dec. (CRR) 799
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that earnings attributable to invested capital, accounts receivable, good will, or employment contracts were not excluded under section 541(a)(6)
- explaining that earnings attributable to firms’ invested capital, accounts receivable, good will, fee agreements, and the like accrue to the estate
- remanding case to bankruptcy court to ascertain the portion of the law practice’s post-petition earnings that accrue to the bankrupt estate
- earnings attributable to invested capital, accounts receivable, good will, or employment contracts are not excluded under section 541(a)(6)
- personal services exemption does not apply to new company formed to continue business of pre-petition business the ownership of which is property of the estate
- where an attorney was a sole proprietor employing other attorneys, his estate's property included the earnings from the postpetition services of the other attorneys but not from his postpetition services
Source: CourtListener parenthetical corpus (CC0).
Judges: Goodwin, Sneed, Reed
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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