45 . Hucal v. People, 176 Colo. 529, 535, 493 P.2d 23, 27 (Colo.1971). 46 . Nichols v. Board of County Commissioners of the County of La Plata, Colorado, 506 F.3d 962 (10th Cir.2007). 47 . Id. at 967 (citations omitted)(emphasis in the original). 48 . Id. at 968. 49 . Id. 50 . Id. at 967 (citing Bebo Constr. Co. v. Mattox & O'Brien, P.C., 990 P.2d 78, 85-86 & n. 3 (Colo.1999); Michaelson v. Michaelson, 884 P.2d 695, 701 & n. 7 (Colo.1994); Bennett College v. United Bank of Denver, Nat. Ass’n, 799 P.2d 364, 368 (Colo.1990)). 51 . Restatement (Second) of Judgments § 27. 52 . Restatement (Second) of Judgments § 27 comment, (e). 53 . "[A] judgment by consent is based upon a settlement between the parties of the terms, amount, or conditions of the judgment to be entered, and r 992) (<HOLDING>); In re Halpern, 810 F.2d 1061, 1064 (11th Cir.
holding that if the debtor fails to mention the cause of action in either his schedules disclosure statement or plan then he will be precluded from asserting it postconfirmation recognizing cause of action recognizing the cause of action holding the court cannot find intent where the consent judgment fails to mention the cause of action recognizing that when a cause of action is reduced to a judgment the cause of action is merged into the judgment and thereafter only an action on the judgment exists