In re: Adia Janine Paysinger

Filing 2

ORDER Transferring Appeal to U.S. District Court, by U.S. Bankruptcy Appellate Panel on 1/12/2016. by Clerk on 1/12/2016. (Attachments: # 1 BAP General Docket Sheet) (evana, )

UNITED STATES BANKRUPTCY COURT
DISTRICT OF COLORADO
In re:

Case No. 12-35943 EEB

ADIA JANINE PAYSINGER

CHAPTER 7

Debtor.
RESPONDENT/APPELLANT’S DESIGNATION OF RECORD AND
STATEMENT OF ISSUES ON APPEAL
Appellants Heupel Law P.C. and Kevin D. Heupel, pursuant to F.R.B.P. 8009(a) hereby
designate the following docket items to be included in the record on appeal:
Filing Date

Docket #

Docket Text

201
(2 pgs)

Notice of Appeal and Statement of Election to
BAP Filed by Kevin D. Heupel on behalf of
Heupel Law, P.C. (related document(s)181
Generic Order, 182 Judgment for BK Case, 187
Order on Motion to Amend, 188 Judgment for BK
Case). Appellant Designation due by 01/12/2016.
Appellee designation due by 01/26/2016. (Heupel,
Kevin) (Entered: 12/29/2015)

188
(1 pg)

Judgment Denying Motion to Amend. (related
document(s)187 Order on Motion to Amend).
(mmg) (Entered: 12/23/2015)

187
(2 pgs)

Order Denying Motion To Amend. (related
document(s):185 Motion to Amend). (mmg)
(Entered: 12/23/2015)

12/29/2015

12/23/2015

12/23/2015

12/22/2015

186
(2 pgs)

Objection Filed by Erik Atzbach on behalf of Adia
Janine Paysinger (related document(s):185 Motion

to Amend). (Atzbach, Erik) (Entered: 12/22/2015)

185
(6 pgs;
2 docs)

Motion to Amend Filed by Kevin D. Heupel on
behalf of Heupel Law, P.C. (related
document(s)181 Generic Order, 182 Judgment for
BK Case). (Attachments: # 1 Proposed/Unsigned
Order) (Heupel, Kevin) (Entered: 12/21/2015)

182
(1 pg)

Judgment For Adia Janine Paysinger Against
Kevin Heupel and Heupel Law PC (related
document(s)181 Generic Order). (as) (Entered:
12/07/2015)

181
(15 pgs)

Order Awarding Damages For Violation Of The
Automatic Stay (related document(s)16 Motion
for Sanctions Or Damages, 21 Order to Show
Cause). (as) (Entered: 12/07/2015)

179

Transcript of Hearing Held on ** Partial transcript
of Testimony of Erik Atzbach *** Evidentiary
Hearing on the Assessment of Actual and Punitive
Damages for Kevin Heupel and Heupel Law,
P.C.'s Violation of the Automatic Stay. Date Of
Hearing: 8/18/2015 before Judge Elizabeth E.
Brown. THIS TRANSCRIPT WILL BE MADE
ELECTRONICALLY AVAILABLE TO THE
GENERAL PUBLIC 90 DAYS AFTER THE
DATE OF FILING, TRANSCRIPT RELEASE
DATE IS 3/2/2016. Until that time the transcript
may be viewed at the Bankruptcy Court or a copy
may be obtained from the official court
transcriber. Requested by Kevin Heupel, Esq, on
11/24/2015. Transcribed and filed by Aapex Legal
Services, LLC. Total cost of Transcript $55.25
(RE: related document(s) 170 Minutes of
Proceedings/Minute Order). Notice of Intent to
Request Redaction Deadline Due By 12/10/2015.

12/21/2015

12/07/2015

12/07/2015

12/03/2015

Redaction Request Due By 12/24/2015. Redacted
Transcript Submission Due By 1/4/2016.
Transcript Access Will Be Restricted Through
3/2/2016. (mjp) (Entered: 12/03/2015)

177

Transcript of Hearing Held on **Partial Transcript
- Testimony of Erik Atzbach, only ** Evidentiary
Hearing on the Assessment of Actual and Punitive
Damages for Kevin Heupel and Heupel Law,
P.C.'s Violation of the Automatic Stay. Date Of
Hearing: 8/17/2015 before Judge Elizabeth E.
Brown. THIS TRANSCRIPT WILL BE MADE
ELECTRONICALLY AVAILABLE TO THE
GENERAL PUBLIC 90 DAYS AFTER THE
DATE OF FILING, TRANSCRIPT RELEASE
DATE IS 3/1/2016. Until that time the transcript
may be viewed at the Bankruptcy Court or a copy
may be obtained from the official court
transcriber. Requested by Erik Atzbach on 80112.
Transcribed and filed by Aapex Legal Services,
LLC. Total cost of Transcript $242.25 (RE:
related document(s) 169 Minutes of
Proceedings/Minute Order). Notice of Intent to
Request Redaction Deadline Due By 12/9/2015.
Redaction Request Due By 12/23/2015. Redacted
Transcript Submission Due By 1/4/2016.
Transcript Access Will Be Restricted Through
3/1/2016. (mjp) (Entered: 12/02/2015)

176
(3 pgs)

Erik Atzbach Supplemental Fee Affidavit Filed by
Erik Atzbach on behalf of Adia Janine Paysinger
(related document(s):103 Document, 167
Document). (Atzbach, Erik) (Entered: 08/28/2015)

171
(3 pgs)

Geoffrey Atzbach Supplemental Affidavit Filed
by Erik Atzbach on behalf of Adia Janine
Paysinger (related document(s):104 Document,

12/02/2015

08/28/2015

08/20/2015

168 Document). (Atzbach, Erik) (Entered:
08/20/2015)

168
(3 pgs)

Geoffrey Atzbach Supplemental Fee Affidavit
Filed by Erik Atzbach on behalf of Adia Janine
Paysinger (related document(s):104 Document).
(Atzbach, Erik) (Entered: 08/13/2015)

167
(6 pgs)

Erik Atzbach Supplemental Fee Affidavit Filed by
Erik Atzbach on behalf of Adia Janine Paysinger
(related document(s):103 Document). (Atzbach,
Erik) (Entered: 08/13/2015)

08/13/2015

08/13/2015

125
(4 pgs)
12/30/2014

Reply Filed by Erik Atzbach on behalf of Adia
Janine Paysinger (related document(s):117
Response). (Atzbach, Erik) (Entered: 12/30/2014)

12/30/2014

re of Compensation In the Amount of $ 300/hour or
otal recovery, whichever is greater Filed by Erik
on behalf of Adia Janine Paysinger (related
nt(s):16 Motion for Sanctions Or Damages).
h, Erik) (Entered: 12/30/2014)

117
(28 pgs;
7 docs)

Response Filed by Kevin D. Heupel on behalf of
Heupel Law, P.C. (related document(s):102
Support Brief/Memorandum). (Attachments: # 1
Exhibit Invoice # 2 Exhibit Invoice # 3 Exhibit
Retainer Agreement # 4 Exhibit Retainer
Agreement # 5 Exhibit Retainer Agreement # 6
Exhibit Retainer Agreement) (Heupel, Kevin)
(Entered: 12/16/2014)

102
(4 pgs)

Support Brief/Memorandum Filed by Erik
Atzbach on behalf of Adia Janine Paysinger
(related document(s):78 Order to File.) Modified

12/16/2014

11/18/2014

linkage on 11/19/2014 (as). (Entered:
11/18/2014)

83
(5 pgs)
09/05/2014

Response Filed by Matthew Shimanek on behalf
of Heupel Law, P.C. (related document(s):81
Order to File). (Shimanek, Matthew) (Entered:
09/05/2014)

45
(5 pgs)

Response Filed by Douglas D. Koktavy on behalf
of Heupel Law, P.C. (related document(s):21
Order to Show Cause, 43 Generic Order, Order to
File). (Koktavy, Douglas) (Entered: 07/21/2013)

21
(1 pg)

Order To Show Cause Pursuant To Bankruptcy
Rule 9020; Respondent shall file a Response to
the Motion no later than fourteen days from the
date of this Order. (related document(s)16 Motion
for Sanctions Or Damages). Show Cause
Response due date 5/7/2013. (pt) (Entered:
04/23/2013)

16
(11 pgs;
2 docs)

Motion For Sanctions For Violation of the
Automatic Stay Under 11 USC 362k Against
Heupel Law, P.C. Filed by Erik Atzbach on behalf
of Adia Janine Paysinger. (Atzbach, Erik)
Additional attachment(s) added on 4/15/2013 (vo).
Proposed Order attached. Modified on
4/15/2013 (vo). (Entered: 04/12/2013)

07/21/2013

04/23/2013

04/12/2013

Appellant additionally designates the following transcripts from the hearing held on
August 17 and 18, 2015 to be included in the record on appeal:
1. Transcript of testimony from Adia Paysinger on August 17, 2015;
2. Transcript of testimony from Geoffrey Atzbach on August 17 and 18, 2015;

3. Transcript of testimony from Erik Atzbach on August 17 and 18, 2015
(currently included in Docket Nos. 177 & 179 above ); and
4. Transcript of closing arguments.
Appellant has ordered the above-designated transcripts to be included in the Designation
of Record (except the transcript of testimony from Erik Atzbach that is already in Dockets
Numbers 177 & 179) and the expected date of arrival to be January 22, 2016.
Statement of Issues to be Presented
1.

Whether the Bankruptcy Court erred, as a matter of law under 11 U.S.C. § 362(d),
in awarding attorney fees to Debtor as actual damages when Debtor signed a
contingency fee agreement and paid no money to her attorney.

2.

Whether the Bankruptcy Court erred, as a matter of law under 11 U.S.C. § 362(d),
by awarding attorney fees incurred after the stay violation ceased rather than
limiting the actual damages to those attorney fees incurred to stop the violation.

3.

Whether the Bankruptcy Court erred, as a matter of law, in awarding punitive
damages as a matter of law.

4.

Whether the Bankruptcy Court erred, as a matter of law, by relying on the factors
set out in Bugg v. Gray (In re Gray), 519 B.R. 767, 775-76 (8th Cir. BAP 2014)
for determining and awarding punitive damages.

Respectfully submitted this 12th day of January, 2016.

Kevin D. Heupel, 30264
11757 W Ken Caryl Ave #F166
Littleton, CO 80127
[phone]
FAX: [phone]
[e-mail]

CERTIFICATE OF SERVICE
I hereby certify that on today’s date, I caused the foregoing this pleading to be served via
United States Mail, postage prepaid, to the following:
Erik Atzbach
88 Inverness Circle East, Ste. A-201
Englewood, CO 80112
Geoffrey H. Atzbach
1155 Kelly Johnson Blvd. Ste. 470
Colorado Springs, CO 80920

/s/ Angelica Ortiz