Walker v. Wilde (In re Walker)
APPEAL
103 B.R. 281 (D.Utah)
Plaintiffs appealed a bankruptcy court order denying their request for relief from the post-discharge injunction of 11 U.S.C. § 524. Plaintiffs sought to recover from the Utah Real Estate Recovery Fund ("Fund") based on debtor's alleged fraud as a realtor. The district court held that, since recovery from the Fund required a final judgment against the realtor, such recovery would violate the § 524 injunction and prejudice debtor's fresh start, concluding that the bankruptcy court had correctly applied a higher standard to motions for relief from the post-discharge injunction than is applied to motions for relief from the automatic stay. The district court also held that the bankruptcy court properly denied plaintiffs' motion for an extension of time to file an objection to dischargeability of their claim, based on In re Green, 876 F.2d 854 (10th Cir. 1989). The bankruptcy court's decision was affirmed.