Advanced Coatings, International, Inc. v. Johnson (In re Johnson)

ORDER DENYING DEBTORS’ REQUEST FOR ATTORNEY’S FEES PURSUANT TO COLO. REV. STAT. § 13-17-102

ELIZABETH E. BROWN, Bankruptcy Judge.

THIS MATTER comes before the Court on the Defendants’ request for attorney’s fees under Colo.Rev.Stat. § 13-17-102, a state statute which imposes fees for the assertion of a claim or defense that lacks “substantial justification.” Before conducting an evidentiary hearing on whether Plaintiffs assertion and continued prosecution of claims against the Debtors was substantially justified, the parties have requested a prior determination as to whether this state statute…