- 11 U.S.C.
In re Tobkin
Mar
25
2013
Ruling
Debtor lawyer's contingency fee payments received prior to conversion date were property of the estate.
Procedural posture
Debtor, pre-petition, was an attorney involved in contingent fee personal injury cases, and listed the right to receive distribution from certain cases. When a fee was received during his chapter 13 case, debtor asserted that he used that distribution for ordinary and necessary expenses, and that it was exempt pursuant to Fla. Stat §222.11. The trustee argued that such contingent fees were not exempt, and were part of the debtor's estate.
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Court
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