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IN RE FITZSIMMONS

BAP No. NC-81-1016-KLV, Bankruptcy No. 4-80-02300 H.

20 B.R. 237 (1982)

In re Edward R. FITZSIMMONS, Debtor. Edward R. FITZSIMMONS, Appellant, v. Edward M. WALSH, Trustee, and Official Creditors' Committee, Appellees.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided April 13, 1982.

Filed May 28, 1982.

Attorney(s) appearing for the Case

Lynn Anderson Koller, Lafayette, Cal., for appellant.

Merle C. Meyers, Goldberg, Stinnett & MacDonald and Vincent O'Gara, San Francisco, Cal., for appellees.

Before KATZ, LASAROW and VOLINN, Bankruptcy Judges.

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...

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