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HOXWORTH v. BLINDER

Nos. 94-1474, 94-1508.

74 F.3d 205 (1996)

Dan H. HOXWORTH, named: Dan Hoxworth; Louise A. Hoxworth, named: Louise Hoxworth, individually and on behalf of the Hoxworth Class, Plaintiffs/Counter-Defendants/Appellees, v. Lillian BLINDER; Lillian Blinder Trust, the, Defendants/Cross-Claimants/Appellants, and Meyer Blinder; Donald L. Walford; Walford Demaret & Company, Inc.; Bradford Bolton, Clerk, United States Bankruptcy Court for the District of Colorado, Defendants. Dan H. HOXWORTH, named: Dan Hoxworth; Louise A. Hoxworth, named: Louise Hoxworth, individually and on behalf of the Hoxworth Class, Plaintiffs/Counter-Defendants/Appellees, v. Meyer BLINDER, Defendant-Appellant, and Donald L. Walford; Walford Demaret & Company, Inc.; Bradford Bolton, Clerk, United States Bankruptcy Court for the District of Colorado, Defendants, Lillian Blinder; Lillian Blinder Trust, the, Defendants/Cross-Claimants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied February 27, 1996.

Attorney(s) appearing for the Case

John M. Richilano (John A. Berman, with him on the briefs), Denver, Colorado, for Appellants Lillian Blinder and The Lillian Blinder Trust.

Ellen Meriwether (Jeffrey M. Villanueva and Randolph Dement, Bader & Villanueva, P.C., Denver, Colorado, with her on the briefs), Miller Faucher Chertow Cafferty and Wexler, Philadelphia, Pennsylvania, for Appellees Dan and Louise Hoxworth.

John Fogerty Winston, Englewood, Colorado, for Appellant Meyer Blinder.

Before MOORE, BRORBY, and KELLY, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

Defendants Meyer Blinder and Lillian Blinder appeal a decision of the district court, asking us to decide whether a judgment creditor may assert an equitable lien against assets excluded from a bankruptcy estate pursuant to a settlement agreement when the creditor was also an unsecured creditor of the estate and in privity with the trustee by virtue of the unsecured claim. We conclude the creditor is neither in privity with the trustee...

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