Legal Opinion
In Re Herberman
United States Bankruptcy Court, W.D. Texas
Decided October 26, 1990No. 19-30293PublishedCited by 45 opinions
1Opinion of the Court
ORDER GRANTING MOTION TO COMPEL DEBTORS TO DELIVER PROPERTY TO THE ESTATE
LEIF M. CLARK, Bankruptcy Judge.
This decision addresses the issue whether income accruing to an individual debtor during the course of a chapter 11 bankruptcy from his operation of a service oriented sole proprietorship is property of the estate. The creditors assert that all income accruing to the debtor post-petition and pre-confirmation is property of the estate. The debtor maintains that all income from services provided by the individual debtor is excluded from the estate by Section 541(a)(6) of the Bankruptcy Code.
B…
2Cases cited26 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Clyatt v. United StatesSupreme Court of the United States · 1905
- City of Memphis v. GreeneSupreme Court of the United States · 1981
- Stein v. United Artists Corp.Court of Appeals for the Ninth Circuit · 1982
- In Re Amarex, Inc., Debtor. Robert O. Isaac v. Temex Energy, Inc., Successor by Merger to Amarex, Inc.Court of Appeals for the Tenth Circuit · 1988
21 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Lowe v. Yochem (In Re Reed)United States Bankruptcy Court, W.D. Texas · 1995
- In Re BowmanUnited States Bankruptcy Court, D. Maryland · 1995
- Banner v. Bagen (In Re Bagen)United States Bankruptcy Court, S.D. New York · 1995
- Proudfoot Consulting Co. v. Gordon (In Re Gordon)United States Bankruptcy Court, N.D. Georgia · 2012
- Altchek v. Altchek (In Re Altchek)United States Bankruptcy Court, S.D. New York · 1991
40 more not listed; retrieve them via the Exa API.