Legal Opinion

Lewis v. Scruggs (In re Healthtrio, Inc.)

District Court, D. Colorado

Decided March 31, 2019No. Civil Action No. 18-cv-00274-CMAPublishedCited by 3 opinions

1Opinion of the Court

CHRISTINE M. ARGUELLO, United States District Judge

This matter is before the Court on Chapter 7 Trustee David E. Lewis's ("the Trustee") appeal of the Bankruptcy Court's Order, entered on January 24, 2018, in case No. 09-34404. Dennis W. Scruggs ("Respondent") opposes the appeal. The Court has jurisdiction under 28 U.S.C. § 158(a)(1). For the following reasons, the Order of the Bankruptcy Court is reversed.

I. QUESTIONS PRESENTED

The Bankruptcy Court awarded two claims in favor of Respondent, which form the basis of the instant appeal. Accordingly, the Court will consider:

1. Whether the…

2Cases cited29 opinions

  1. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  2. Russello v. United StatesSupreme Court of the United States · 1983
  3. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  4. Rubin v. United StatesSupreme Court of the United States · 1981
  5. Radlax Gateway Hotel, LLC v. Amalgamated BankSupreme Court of the United States · 2012

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3Cited by3 opinions

  1. In re: Concepts America, Inc.United States Bankruptcy Court, N.D. Illinois · 2021
  2. LBD, PLLCUnited States Bankruptcy Court, E.D. Virginia · 2021
  3. Ronnie Desormeaux L L C v. SikesDistrict Court, W.D. Louisiana · 2021

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