Legal Opinion

Jess v. Carey (In Re Jess)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 5, 1997No. BAP No. NC-97-1100-HRYME, Bankruptcy No. 94-11500, Adversary No. 96-1216PublishedCited by 9 opinions

1Opinion of the Court

OPINION

HAGAN, Bankruptcy Judge.

The Chapter 7 Trustee sought turnover of a portion of a contingency fee payment attributable to prepetition work performed by the Debtor, an attorney. The bankruptcy court granted the request and the Debtor appeals. We conclude that a portion of the fee earned prior to the Debtor’s filing is an asset of the chapter 7 estate and AFFIRM.

BACKGROUND

On June 23, 1994, Paul Clayton Jess (“Jess”) filed a petition for relief under chapter 11, 1 in propria persona. Prior to the filing he entered into a contingent fee agreement in the “Klouds-Paeey litigation.” Following…

2Cases cited9 opinions

  1. In Re Edward R. Fitzsimmons, Debtor. Edward R. Fitzsimmons v. Edward M. Walsh, Trustee, and Official Creditors' CommitteeCourt of Appeals for the Ninth Circuit · 1984
  2. Jean O. Turner, Trustee v. Gregory J. Avery and Kathleen R. AveryCourt of Appeals for the Fifth Circuit · 1991
  3. In Re United States Trustee.Court of Appeals for the Ninth Circuit · 1994
  4. Towers v. Wu (In Re Wu)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  5. Banner v. Bagen (In Re Bagen)United States Bankruptcy Court, S.D. New York · 1995

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Cusano v. KleinCourt of Appeals for the Ninth Circuit · 2001
  2. Booth v. Vaughan (In Re Booth)Bankruptcy Appellate Panel of the Sixth Circuit · 2001
  3. Allen v. Levey (In Re Allen)United States Bankruptcy Court, N.D. Illinois · 1998
  4. Official Committee of Unsecured Creditors Ex Rel. Estate of Labrum & Doak v. Ashdale (In Re Labrum & Doak, LLP)United States Bankruptcy Court, E.D. Pennsylvania · 1998
  5. Labrum & Doak v. Brown (In Re Labrum & Doak, LLP)United States Bankruptcy Court, E.D. Pennsylvania · 1998

4 more not listed; retrieve them via the Exa API.

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