Skip to main content
· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.