Reversing the bankruptcy court, a district judge in New York held that a civil penalty wasn’t discharged even though the fraud wasn’t committed against the government.

The ‘conduct’ test in the Seventh Circuit, not the ‘accrual test,’ determines when a claim arose and whether it was discharged.

Courts are split on whether a claim is discharged if it was scheduled after the bar date but in time to receive a distribution.

Ninth Circuit BAP doesn’t require a formal motion to dismiss with prejudice when a debtor files a voluntary motion to dismiss as of right under Section 1307(b).

Tenth Circuit splits with the Third and Seventh Circuits on allowing a debtor to cure defaults after a five-year plan has ended.

If the complaint was properly plead, a general default judgment might invoke issue preclusion to bar discharge of a debt.

No circuit split: The Second Circuit agrees with the Fifth and Tenth Circuits that only a subset of private student loans is automatically nondischargeable.

Judge Harner does the best she can to ease the burden imposed on a debtor by student loans.

Although the arbitrator didn’t explicitly find willful and malicious injury, the nature of a successful claim for sexual discrimination supplied the required findings for nondischargeability.

The lack of specific findings of fact by the arbitrator meant that a treble damage award for willful breach of contract was dischargeable.