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IN RE ELEVA, INC.

BAP No. UT-98-091. Bankruptcy No. 97-22299. Adversary No. 98-2179.

235 B.R. 486 (1999)

IN RE ELEVA, INC., doing business as T.E.N. (Total Entrepreneur Network), Debtor. Kenneth A. Rushton, Trustee, Plaintiff — Appellee, v. E & S International Enterprises, Inc., Defendant — Appellant.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

June 29, 1999.

Attorney(s) appearing for the Case

Steven W. Dougherty of Anderson & Karrenberg, Salt Lake City, Utah (Craig A. Switzer of Hemar & Rousso, Encino, California, with him on the brief), for Defendant — Appellant.

Michael N. Zundel (Michael D. Mayfield with him on the brief) of Jardine, Linebaugh & Dunn, Salt Lake City, Utah, for Plaintiff — Appellee.

Before BOHANON, ROBINSON, and CORNISH, Bankruptcy Judges.

OPINION

CORNISH, Bankruptcy Judge.

The court has before it for review an order granting partial summary judgment in favor of the trustee. After the bankruptcy court entered the order, the parties agreed that judgment should be entered for the trustee. For the reasons set forth below, the bankruptcy court's decision should be affirmed.

BACKGROUND

The parties submitted this matter to the bankruptcy court on a Stipulation of Undisputed Facts...

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