IN RE SILVER

BAP No. NM-03-042. Bankruptcy Nos. 7-96-11879-SS, 7-96-11878-SS. Adversary Nos. 99-1240-S.

303 B.R. 849 (2004)

In re A. David SILVER and Jerilyn H. Silver, Debtors. Yvette J. Gonzales, Trustee, and The Lincoln National Life Insurance Company, individually and as Assignee of Santa Fe (Jointly Administered) Private Equity Fund II, L.P., Plaintiffs-Appellees, v. United States of America (Internal Revenue Service), Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

January 16, 2004.


Attorney(s) appearing for the Case

William J. Arland (Edward Ricco with him on the brief) of Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM, for Plaintiffs-Appellees Yvette J. Gonzales, Trustee and The Lincoln National Life Insurance Company, individually and as assignee of Santa Fe Private Equity Fund, II, L.P. (Clifford C. Gramer, Jr., Albuquerque, NM, with him on the brief for Yvette J. Gonzales, Trustee).

Jon E. Fisher, Attorney (David Iglesias, United States Attorney, with him on the brief) United States Department of Justice, Dallas, TX, for Defendant-Appellant United States of America (Internal Revenue Service).

Before CLARK, MICHAEL, and BROWN, Bankruptcy Judges.


OPINION

CLARK, Bankruptcy Judge.

The United States of America (IRS) timely appeals a final Amended Judgment of the United States Bankruptcy Court for the District of New Mexico1 in favor of the Chapter 7 trustee of the debtors' jointly administered cases (Trustee) and Lincoln National Life Insurance Company (Lincoln), an unsecured creditor of one of the debtors. The parties have not elected to have this appeal heard by the United...

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