2008 NORTON BANKRUPTCY LAW SEMINAR MATERIALS
Appellate Court Decisions Related
To Bankruptcy Cases
By William Norton, III
1005, and the taxing authority received inadequate notice of the case.)
Egleston v. Egleston (In re Egleston), 2006 WL 1195995 (5th Cir. May 5, 2006) (State court's post-petition order was void under S 524(a)(1) to the extent it was a determination of debtor's liability for discharged debt.)
53. 524(a)(2) Discharge -- Injunction
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U.S.
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v. White, 466 F.3d 1241 (11th Cir. Oct. 11, 2006) (I.R.S. was not barred by automatic stay from assessing tax liability against Chapter 11 debtor post-confirmation but prior to the plan's effective date.)
In re Pratt, 462 F.3d 14 (1st Cir. Sept. 1, 2006) (Secured creditor violated debtor's discharge injunction pursuant to S 524(a) by exercising its state law right to refuse to release lien on motor vehicle which had been surrendered by the debtor pursuant to S 521(a)(2)(A) but not retrieved by the creditor.)
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U.S.
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Commodity Futures Trading Commission v. NRG Energy, Inc., 457 F.3d 776 (8th Cir. Aug. 4, 2006) (District Court of Minnesota had jurisdiction to hear the U.S. Commodity Futures Trading Commission's enforcement action to enjoin the debtor from inaccurately reporting market information, even though the Commission's prepetition claim had been disallowed and the debtor's Chapter 11 plan purported to limit jurisdiction of future litigation against the debtor to the Bankruptcy Court for the Southern District of New York.)
54. 524(d) Reaffirmation
McCready v. eBay, Inc., 453 F.3d 882 (7th Cir. July 10, 2006) (Debtor/ Plaintiff failed to state a claim for rescission pursuant to S 521 and S 524, because the debtor's allegation that his reaffirmation agreement was invalid did not allege a injury or request a remedy.)
55. 525 Discrimination
Ayes v. United States Dept. of Veterans Affairs, 473 F.3d 104 (4th Cir. Dec. 27, 2006) (Veterans Administration did not violate S 525(a) when it refused to guarantee home loans of veterans who had previously obtained bankruptcy discharges.)
56. 527 Debt Relief Agency
Lange v. Schropp (In re Brook Valley VII, Joint Venture), 496 F.3d 892 (8th Cir. Aug. 6, 2007) (Debtors in possession and those who controlled them violated duty of loyalty to bankruptcy estates when they consented to
