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IN RE INTELIQUEST MEDIA CORP.

BAP No. UT-04-059, Bankruptcy No. 02C-28588, Bankruptcy No. 02C-31304.

326 B.R. 825 (2005)

In re INTELIQUEST MEDIA CORPORATION, doing business as IMC, doing business as KIQN, doing business as KIQ AM 1010, doing business as DrMiser, doing business as InteliQuest, Debtor. In re InteliQuest Learning Systems, doing business as ILS, doing business as InteliQuest, Debtor. InteliQuest Media Corporation, Woodbury & Kesler, InteliQuest Learning Systems, and Cohne Rappaport & Segal, Appellants, v. Gil A. Miller, Trustee and Zions First National Bank, Appellees.

United States Bankruptcy Appellate Panel for the Tenth Circuit.

June 6, 2005.

Attorney(s) appearing for the Case

Russell S. Walker (David R. Williams and P. Corper James with him on the brief) of Woodbury & Kesler, P.C., Salt Lake City, Utah (Julie A. Bryan of Cohne Rappaport & Segal, Salt Lake City, Utah, with him on the brief) for Appellants.

Weston L. Harris of Parsons Kinghorn Harris, Salt Lake City, Utah, for Appellee Gil A. Miller.

Gary E. Jubber of Fabian & Clendin, Salt Lake City, Utah, for Appellee Zions First National Bank.

Before CORNISH, NUGENT, and BROWN, Bankruptcy Judges.

OPINION

NUGENT, Bankruptcy Judge.

Appellants appeal from an order of the United States Bankruptcy Court for the District of Utah enforcing two waivers of the right to seek attorney's fees and other expenses as surcharges against a secured party's collateral under 11 U.S.C. § 506(c). The Bankruptcy Court concluded that the waivers, contained in previously-entered financing orders, were res judicata, and therefore binding. We affirm.

I....

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