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IN RE MS55, INC.

No. 05-1389.

477 F.3d 1131 (2007)

In re MS55, INC., Debtor. Jeffrey Hill, Trustee, Appellant, v. Akamai Technologies, Inc., a Delaware corporation, Appellee.

United States Court of Appeals, Tenth Circuit.

February 13, 2007.

Attorney(s) appearing for the Case

D. Bruce Coles, Fish & Coles, Denver, Colorado, for Plaintiff-Appellant.

Bart B. Burnett, Pearson, Horowitz, & Burnett, P.C. (Robert M. Horowitz, Pearson, Horowitz, & Burnett, P.C., Denver, Colorado, and George B. Hofmann, Parsons Kinghorn Harris, P.C., Salt Lake City, Utah, with him on the brief), Denver, Colorado, for Defendant-Appellee.

Before TYMKOVICH, McWILLIAMS, Circuit Judges, and EAGAN, District Judge.

TYMKOVICH, Circuit Judge.

The question in this bankruptcy appeal is whether a Chapter 7 trustee may bring claims that a Chapter 11 debtor-in-possession could not. We conclude that the trustee is barred in the circumstances of this case from bringing a derivative claim on behalf of a creditors' committee after conversion to Chapter 7.

Accordingly, we AFFIRM the decision of the district court.

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