Fitzsimmons v. Walsh (In re Fitzsimmons)

OPINION

VOLINN, Bankruptcy Judge:

The issue before us is whether a Chapter 11 debtor’s postbankruptcy earnings derived from services are subject to the claims of creditors despite the provisions of 11 U.S.C. § 541(a)(6) excluding such earnings from “property of the estate”.

I

On July 21, 1980, the appellant, Edward R. Fitzsimmons, filed a voluntary petition under Chapter 11 of the Bankruptcy Code. The debtor is a lawyer practicing in Oakland, California. He remained in possession of his assets and practice until October 22, 1980, when the court, upon application of the creditors’ committee,…