Burke v. Burke

1:07-cv-01947 | D. Colo. | Sep 29, 2008

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 07-cv-01947-AP In re: JOHN ROBERT BURKE

(Bankruptcy Case No. 98-25466-MER) RICHARD GREENE, Appellant, v. JOHN ROBERT BURKE,

Appellee. ORDER DENYING MOTION FOR DAMAGES AND COSTS

Blackburn, J. This matter is before me on Appellee Robert Burke’s Motion for Damages and Costs [#28], filed February 4, 2008. Burke seeks damages and costs under Fed. R. Bankr. P. 8020, which provides that if a district court determines that an appeal of an order, judgment, or decree of a bankruptcy judge is frivolous, then the court may award just damages and single or double costs to the appellee. I have competed my review of and ruling on the appeal filed by the appellant in this case, and I conclude that the appellant’s appeal is not frivolous.

THEREFORE, IT IS ORDERED that Appellee Robert Burke’s Motion for Damages and Costs [#28], filed February 4, 2008, is DENIED . Dated September 29, 2008, at Denver, Colorado. BY THE COURT: s/ Robert E. Blackburn Robert E. Blackburn United States District Judge