Hurley

This case presents the question whether a discharge in bankruptcy precludes our disposition of this appeal. Defendants, John Bredehom and Voluntary Plan Administrators, Inc., have moved that we indefinitely stay consideration of the merits of the appeal. We conclude that under the circumstances of this case, we should continue the existing injunction against further proceedings, and grant defendants 60 days from the date of this order to seek a modification of the discharge order in the bankruptcy court allowing this appeal to proceed.

The facts are undisputed. Defendants prevailed in the trial court and successfully recovered their attorney fees, albeit in a lesser amount than they had sought. They have appealed from an order granting plaintiff, Ralph D. Hurley’s, motion to tax costs. Defendants contend their attorney fee award was improperly reduced. While this appeal was pending, and after the filing of the respondent’s brief by plaintiff, he filed a petition for relief under the Bankruptcy Code (11 U.S.C.). An order for relief was entered under chapter 7 of the Bankruptcy Code. On March 11, 1996, an order of discharge was entered. We asked the parties to file letter…