Court of Appeals for the Tenth Circuit June 3, 2009, No. 07-4282 (Olah ex rel. Olah v. Baird)

McCONNELL, Circuit Judge.

Robert and Paea Olah sued Dr. Robert Baird for malpractice, based on alleged injuries to their daughter. While the state malpractice litigation was still in pretrial stages, Dr. Baird declared bankruptcy. The Olahs asked the trustee of Dr. Baird’s bankruptcy estate to “sell” them Dr. Baird’s right to consent to settlement under his medical liability insurance policy.