United States Tenth Circuit

In a bankruptcy adversary proceeding to determine whether the right to settle a malpractice action belonged to Debtor's estate, judgment for the Trustee is reversed where the right to consent to settlement under Debtor's medical insurance policy is part of the estate, and the trustee has discretion to exercise or assign the policy.

Appellate Information

• Decided 06/03/2009
• Published 06/03/2009

Judges

• McCONNELL, Circuit Judge., Before McCONNELL, EBEL and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Joel T. Marker (Jamie L. Nopper, McKay, Burton & Thurman, Salt Lake City, UT, and David R. Olson and Ruth Lybbert, Dewsnup, King & Olson, Salt Lake City, UT, with him on the brief), McKay, Burton & Thurman, Salt Lake City, UT, for Plaintiffs-Appellants.


• For Appellees:
  
• Michael R. Johnson (David H. Leigh, Snell & Wilmer LLP, Salt Lake City, UT, Shawn McGarry and Nan T. Bassett, Kipp & Christian, Salt Lake City, UT, for appellee Ronald L. Baird;  George A. Hunt, Williams & Hunt, Salt Lake City, UT, for appellee Utah Medical Insurance Corporation, with him on the brief), Snell & Wilmer LLP, Salt Lake City, UT, for Defendants-Appellees.