Legal Opinion
Jean O. Turner, Trustee v. Gregory J. Avery and Kathleen R. Avery
Court of Appeals for the Fifth Circuit
Decided December 26, 1991No. 90-3614PublishedCited by 39 opinions
1Opinion of the Court
POLITZ, Circuit Judge:
The bankruptcy court, affirmed by the district court, ruled that the fees earned by an attorney-debtor, pursuant to contingent fee contracts, fell within the bankruptcy estate and, because the debtor failed to prove which portion of the fees were earned prior to the filing of the bankruptcy petition, the entirety of the fees were to be turned over to the trustee. In this the courts a quo erred. Contingent fee contracts are nonassumable executory contracts that do not become a part of the bankruptcy estate. Only that portion of the contingent fee contract earned prior to…
2Cases cited6 opinions
- Saucier v. Hayes Dairy Products, Inc.Supreme Court of Louisiana · 1979
- 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 BankruptcyCourt of Appeals for the Fifth Circuit · 1984
- Goodson Steel Corporation v. SheinfeldCourt of Appeals for the Fifth Circuit · 1974
- In The Matter Of P & E Boat Rentals, Inc.Court of Appeals for the Fifth Circuit · 1991
- Fiasconaro & Fiasconaro v. OrlandoLouisiana Court of Appeal · 1977
1 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Stumpf v. McGee (In Re O'Connor)Court of Appeals for the Fifth Circuit · 2001
- Booth v. Vaughan (In Re Booth)Bankruptcy Appellate Panel of the Sixth Circuit · 2001
- In Re TaylorUnited States Bankruptcy Court, D. South Carolina · 1996
- Allen v. Levey (In Re Allen)United States Bankruptcy Court, N.D. Illinois · 1998
- In Re Paul Clayton Jess, Debtor. Paul Clayton Jess v. Raymond Carey, TrusteeCourt of Appeals for the Ninth Circuit · 1999
34 more not listed; retrieve them via the Exa API.