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in finality, the court refused to allow the amendment.)
In re Troff, 479 F.3d 1213 (10th Cir. Mar. 15, 2007) (Debtor's criminal restitution obligation pursuant to Utah state law was non-dischargeable pursuant to S 523(a)(7), even in the absence of two of the three factors required by the statute - namely, that the payments be made to a governmental unit and they not compensate the victim's pecuniary loss..)
Hughes v. Sanders, 469 F.3d 475 (6th Cir. Nov. 13, 2006) (Court imposedsanctions in legal malpractice litigation could not constitute nondischargeable debt pursuant to S 523(a)(7), where the money judgment entered against the debtor was derived from plaintiffs' lost claims and expenses caused by the debtor's legal malpractice.)
In re Mosley, 494 F.3d 1320 (11th Cir. Aug. 9, 2007) (In determining the dischargeability of student loans, corroborating medical evidence other than debtor's own testimony is not required to satisfy the second prong of the Brunner test - that the debtor's poor state of financial affairs is likely to persist for a significant portion of the repayment period. Pro se debtor was the sole witness at the discharge hearing and had introduced earnings statements and a letter from his doctor stating debtor's various medical ailments. On appeal, the court noted that student loans are generally not dischargeable under S 523(a)(8), and the debtor is not required to introduce expert testimony to satisfy the second Brunner prong.)
In re Mersmann, 505 F.3d 1033 (10th Cir. Sept. 24, 2007) (Tenth Circuit overruled precedent allowing student loans to be discharged without proving undue hardship in an adversary proceeding. The previously allowed "discharge by declaration" procedure, where the student debtor could establish undue hardship by submitting language in a proposed Chapter 13 plan, which, if no creditor objected and the court approved, would later be uncontestable, violated S 523(a)(8) and Fed. R. Bankr. P. 7001(6).)
Lewis v. United States Dept. of Agric. (In re Lewis), 506 F.3d 927 (9th Cir. Nov. 5, 2007) (1998 amendment to S 523(a)(8)(A) retroactively eliminated the dischargeability of student loans except in cases of undue hardship. Prior to the 1998 amendment, student loans that had been in repayment for at least seven years could be discharged. The court rejected debtor's argument that since the earlier version of S 523(a)(8)(A) was in effect when
