Legal Opinion

Johnson v. Taxel (In Re Johnson)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 27, 1995No. BAP No. SC-93-2212-HJR. Bankruptcy No. 93-04467-B7PublishedCited by 20 opinions

1Opinion of the Court

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 anti-competition 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, was the sole shareholder of Alan Johnson Inc., a California corporation (“Johnson Corp”). Johnson Corp. held a franchise agreement with Porsche Cars North America, Inc.…

2Cases cited21 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  3. U.S. Bancorp Mortgage Co. v. Bonner Mall PartnershipSupreme Court of the United States · 1994
  4. Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
  5. Segal v. RochelleSupreme Court of the United States · 1966

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3Cited by20 opinions

  1. Muskat v. United StatesCourt of Appeals for the First Circuit · 2009
  2. In Re RichardsUnited States Bankruptcy Court, E.D. Michigan · 2000
  3. Lemos v. Rakozy (In Re Lemos)United States Bankruptcy Court, D. Idaho · 1999
  4. In Re DurrettUnited States Bankruptcy Court, D. New Hampshire · 1995
  5. In Re SchneeweissUnited States Bankruptcy Court, N.D. New York · 1998

15 more not listed; retrieve them via the Exa API.

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