IN THE MATTER OF LIEBERMAN

No. 00-15006.

245 F.3d 1090 (2001)

In the Matter of: Fred LIEBERMAN (Deceased) and Florance Lieberman, Debtors. Florance Lieberman, Appellant, v. Robert Hawkins, Chapter 7 Trustee, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 13, 2001.


Attorney(s) appearing for the Case

David R. Jenkins, Fresno, California, for the appellant.

Jeffrey Wall, Fresno, California, for the appellee.

Before: HARRY PREGERSON, WILLIAM C. CANBY, JR., and DAVID R. THOMPSON, Circuit Judges.


Argued and Submitted February 5, 2001 — Pasadena, California.

DAVID R. THOMPSON, Circuit Judge:

When Fred Lieberman reached 65 years of age, he sold his business. The buyer agreed, in part, to pay him $13,600 per calendar quarter over a ten-year period for his three-year covenant not to compete. When the sale closed, Lieberman retired.

Several years later, the Liebermans filed a Chapter 7 bankruptcy petition. They contended the quarterly payments...

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