US Supreme Court Docket

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United Student Aid Funds, Inc. v. Espinoza
No. 08-1134

Title:

United Student Aid Funds, Inc. v. Espinoza

Subject:

Student Loan, Bankruptcy, Res Judicata

Question:

1. Student loans are statutorily non-dischargeable in bankruptcy unless repayment would cause the debtor an "undue hardship." Debtor failed to prove undue hardship in an adversary proceeding as required by the Bankruptcy Rules, and instead, merely declared a discharge in his Chapter 13 plan. Are the orders confirming the plan and discharging debtor void?

2. Bankruptcy Rules permit discharge of a student loan only through an adversary proceeding, commenced by filing a complaint and serving it and a summons on an appropriate agent of the creditor. Instead, debtor merely included a declaration of discharge in his Chapter 13 plan and mailed it to creditor's post office box. Does such procedure meet the rigorous demands of due process and entitle the resulting orders to respect under principles of res judicata?

Decisions:

• U.S. Court of Appeals - 9th Circuit Opinion Filed: August 31, 2007

Resources:

• Docket Sheet From the U.S. Supreme Court.

Briefs:

Coming Soon

Counsel of Record

For Petitioner:

Charles W. Wirken
Gust Rosenfeld, PLC
Phoenix, AZ

For Respondent:

Michael J. Meehan
Munger Chadwick, P.L.C.
Tucson, AZ

 

 

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