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TURNER v. AVERY

No. 90-3614.

947 F.2d 772 (1991)

Jean O. TURNER, Trustee, Plaintiff-Appellee, v. Gregory J. AVERY and Kathleen R. Avery, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 26, 1991.

Attorney(s) appearing for the Case

Pierre V. Miller, II, R. Patrick Vance, Jones, Walker, Waechter, Poitevent, Carrer & Denegre, New Orleans, La., for defendants-appellants.

Emile L. Turner, Jr., Turner, Young & Hebbler, New Orleans, La., for plaintiff-appellee.

Before REAVLEY, POLITZ, and JOLLY, Circuit Judges.

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...

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