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IN RE JESS

BAP No. NC-97-1100-HRYME, Bankruptcy No. 94-11500, Adversary No. 96-1216.

215 B.R. 618 (1997)

In re Paul Clayton JESS, Debtor. Paul Clayton JESS, Appellant, v. Raymond CAREY, Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

December 5, 1997.

Attorney(s) appearing for the Case

Paul Clayton Jess, Sonoma, CA, pro se.

Ray H. Olmstead, Santa Rosa, CA, for Trustee Raymond Carey.

Before HAGAN, RYAN, and MEYERS, Bankruptcy Judges.

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...

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