Legal Opinion
In the Matter of Richard A. Tonry and Irene Juneau Tonry, Debtors. Richard A. Tonry and Irene Juneau Tonry v. Jean O. Hebert, Trustee in Bankruptcy
Court of Appeals for the Fifth Circuit
Decided February 6, 1984No. 83-3490PublishedCited by 56 opinions
1Opinion of the Court
POLITZ, Circuit Judge:
The trustee in bankruptcy appeals a ruling declaring that an attorney’s contingent fee contracts are not part of the bankruptcy estate. Concluding that such fee arrangements are nonassumable executory contracts, we affirm.
Richard A. Tonry, a Louisiana attorney, and his wife Irene J. Tonry filed a voluntary petition in bankruptcy seeking relief under Chapter 7 of the Bankruptcy Code, 11 U.S.C. § 701 et seq. When the petition was filed Tonry had several oral contingent fee contracts. Legal services remained to be performed on each contract. The trustee claimed these…
2Cases cited5 opinions
- In the Matter of American Magnesium Company, Debtor. Ozark-Mahoning Company v. American Magnesium Company, DebtorCourt of Appeals for the Fifth Circuit · 1974
- Due v. DueSupreme Court of Louisiana · 1977
- Cottman Transmissions, Inc. v. Holland Enterprises, Inc. (In Re Holland Enterprises, Inc.)District Court, E.D. North Carolina · 1982
- Foster, Hall, Barret Smith v. HaleySupreme Court of Louisiana · 1932
- Fletcher v. RachouLouisiana Court of Appeal · 1975
3Cited by56 opinions
- In Re Computer Communications, Inc., Debtor. Computer Communications, Inc. v. Codex CorporationCourt of Appeals for the Ninth Circuit · 1987
- 12 Collier bankr.cas.2d 845, Bankr. L. Rep. P 70,371 in Re Edward Hill Lovitt, Wwi Ermie Lovitt, Debtor. Gordon H. Cheadle and Patricia J. Cheadle, Husband and Wife v. Appleatchee Riders Association Cyprus Mines Corporation, and Asamera Minerals (u.s.), Inc., Appleatchee Riders Association Cyprus Mines Corporation and Asamera Minerals (u.s.), Inc., Cross-Appellants v. Gordon H. Cheadle and Patricia J. Cheadle, Husband and Wife, Cross-Appellees. Sheena R. Aebig, Successor-Trustee of Lovitt Bankruptcy Estate v. Gordon H. Cheadle and Patricia J. Cheadle, Husband and Wife Appleatchee Riders Association Cyprus Mines Corporation and Asamera Minerals (u.s.), Inc.Court of Appeals for the Ninth Circuit · 1985
- Stumpf v. McGee (In Re O'Connor)Court of Appeals for the Fifth Circuit · 2001
- In Re CooleyUnited States Bankruptcy Court, S.D. Texas · 1988
- In Re TaylorUnited States Bankruptcy Court, D. South Carolina · 1996
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