Lack of authority on point is no defense to a willful violation of the automatic stay, according to the Third Circuit.
To amend title 11 of the United States Code to make debts for student loans dischargeable.
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.
To amend title 11 of the United States Code to modify the dischargeability of debts for certain educational payments and loans.
Courts are split on whether a claim is discharged if it was scheduled after the bar date but in time to receive a distribution.