KANCILIA v. PEARSON

No. 07SC4.

187 P.3d 542 (2008)

William E. KANCILIA, Petitioner v. Michele R. PEARSON and Denise L. Fahy, Respondents.

Supreme Court of Colorado, En Banc.

June 23, 2008.


Attorney(s) appearing for the Case

Curtis V. Smith, Stephen C. Cook, Smith & Cook, L.L.C., Littleton, Colorado, Attorneys for Petitioner.

Rick DeWitt, Denver, Colorado, Attorney for Respondents.


Justice EID delivered the Opinion of the Court.

In this appeal, William Kancilia challenges the court of appeals' conclusion that his disability insurance payments can be garnished to satisfy judgments held by two of Kancilia's creditors, Michele Pearson and Denise Fahy. In the midst of Pearson and Fahy's trial against Kancilia involving various tort claims, Kancilia filed for bankruptcy. He claimed his disability insurance...

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