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IN RE ANDREWS

No. 93-2095.

80 F.3d 906 (1996)

In re John A. ANDREWS, Debtor. John A. ANDREWS, Plaintiff-Appellant, v. The RIGGS NATIONAL BANK OF WASHINGTON, D.C., Claimant-Appellee, Richard G. HALL, Trustee-Appellee, v. FIRST AMERICAN BANK OF VIRGINIA, Claimant.

United States Court of Appeals, Fourth Circuit.

Decided April 1, 1996.

Attorney(s) appearing for the Case

ARGUED: Stephen Everett Leach, Tucker, Flyer & Lewis, P.C., Washington, D.C., for Appellant. Philip John Harvey, Shaw, Pittman, Potts & Trowbridge, Alexandria, Virginia, for Appellee.

Before WIDENER and WILKINS, Circuit Judges, and ELLIS, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge ELLIS wrote the majority opinion, in which Judge WILKINS joined. Judge WIDENER wrote a dissenting opinion.

OPINION

ELLIS, District Judge:

This appeal requires us to decide whether payments to a bankrupt debtor pursuant to a non-competition agreement constitute "earnings from services performed" under 11 U.S.C. § 541(a)(6). The bankruptcy court found that the non-competition agreement was ancillary to a pre...

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