Cases, cases, cases

In re Flynn (9th Cir.2005) The Bankruptcy Appellate Panel erred when it decided that plaintiff was required to pay a pro-rata share of the attorney's fees incurred by the bankruptcy trustee during the sale of real property. _________________________ In re Schick (3rd Cir. 2005) A lien held by the New Jersey Motor Vehicles Commission for unpaid motor vehicle surcharges and interest constitutes a statutory lien as defined in the U.S. Bankruptcy Code. ______________________________ In re Erie Forge & Steel, Inc. (3rd Cir. 2005) Because of their failure to move for, and obtain appointment of, an authorized representative, appellant former employees were bound by a collective bargaining stipulation entered into by USWA. _____________________________ In re Disch (7th Cir. 2005) "While many observers have touted Congress’s recent amendments to the Bankruptcy Code as a major overhaul of the law in this area, the changes leave intact one primary purpose of the Code: to provide only honest debtors with relief." Where a debtor's conduct does not meet the grounds for revocation enumerated in § 727(d), which specifically addresses the court’s power to revoke a discharge, the Court does not have equitable authority under 11 USC § 105 to revoke a discharge where necessary to prevent manifest injustice. The Court does however, have authority under Fed. R. Bankr. P. 9024 to vacate an order of discharge provided that such action occurs within one year after the discharge was entered. Federal rules of pleading do not require parties to plead legal theories. Fed. R. Civ. P. provides that "every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in the party’s pleadings.” Where a claim under 11 USC 727 arose from the same set of operative facts as a claim under 11 USC 523, the bankruptcy court did not abuse its discretion in allowing plaintiff to amend the complaint to add the otherwise-time-barred 727 claim. ________________________________ In re Parker (8th Cir. BAP 2005) Bankruptcy court erred in granting plaintiff-debtor a discharge from her student loans where she failed to show that excepting her loans would result in undue hardship.