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IN RE HERBERMAN

Bankruptcy No. 90-30141-C.

122 B.R. 273 (1990)

In re Harvey G. HERBERMAN, M.D. and Sheila Herberman, Debtors.

United States Bankruptcy Court, W.D. Texas, San Antonio Division.

October 26, 1990.

Attorney(s) appearing for the Case

Raymond T. Nimmer, John P. Melko, and Anne M. Ferazzi, Sheinfeld, Maley & Kay, Houston, Tex., for debtor.

E.P. Kirk, El Paso, Tex., for Cox Group.

Berry D. Spears, Winstead, McGuire, Sechrest & Minick, for creditor, Fed. Ins. Corp.

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...

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