By contrast, Apex argued that an injunction is not a “claim” under sec. 101(5)(B) because it is not a right to money damages arising from a breach of performance. Instead, claimed Apex, the injunctive claim was a demand on the Debtor barred by sec. 362, the Automatic Stay. In the alternative, said Apex,the claim was reducible to money damages and was therefore dischargeable. Finally, Apex argued that to consider an environmental clean-up order a nondischargeable claim would conflict with a line of Supreme Court cases starting with Ohio v. Kovacs, 469 U.S. 274, 105 S.Ct. 705, 83 L.Ed.2d 649 (1985).
The U.S. Supreme Court refused to hear the matter and the holding of the 7th Cir. Stands.