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IN RE JOHNSON

BAP No. SC-93-2212-HJR. Bankruptcy No. 93-04467-B7.

178 B.R. 216 (1995)

In re A.P. JOHNSON and R.N. Johnson, Debtors. A.P. JOHNSON and R.N. Johnson, Appellants, v. Harold S. TAXEL, Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided February 27, 1995.

Attorney(s) appearing for the Case

Charles A. Bird, San Diego, CA, for appellants.

Kevin J. Hoyt, San Diego, CA, for appellee.

Before HAGAN, JONES and RUSSELL, Bankruptcy Judges.

OPINION

ALFRED C. HAGAN, Bankruptcy Judge:

Chapter 7 debtors, Alan P. Johnson and R.N. Johnson (the "Debtors"), filed a motion seeking an order to the effect that certain payments due post-petition under an anticompetition covenant are not property of the bankruptcy estate. The bankruptcy court held the payments were property of the estate. The Debtors appeal.

Factual Background

Alan P. Johnson ("Johnson"), an ex-race car driver...

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