United Student Aid Funds, Inc. v. Espinosa
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Dec 1, 2009
|Mar 23, 2010||9-0||Thomas||OT 2009|
Holding: A bankruptcy court must determine that a debtor suffers from undue hardship before it cancels student loan debt in bankruptcy. However, even if the bankruptcy court doesn't make such a determination, its original order to cancel the debt may be enforced if the creditor did not object by a given deadline.
Plain English Summary:
Judgment: Affirmed, 9-0, in an opinion by Justice Clarence Thomas on March 23, 2010.
- Lack of undue hardship determination no ground for relief for student loan creditors (Anna Christensen)
- Court Struggles With Student Loan Bankruptcy Issues (Anna Christensen)
- Court to Hear Student Loan Bankruptcy Case (Anna Christensen)
Briefs and Documents
- Brief for Petitioner United Student Aid Funds, Inc.
- Brief for Respondent Francisco J. Espinosa
- Reply Brief for Petitioner United Student Aid Funds, Inc.
- Brief for the United States of America in Support of Petitioner
- Brief for the Educational Credit Management Corporation in Support of Petitioner
- Brief for the States of Oregon, Alabama, Alaska, Arizona, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Iowa, Illinois, Louisiana, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, Wyoming, and the National League of Cities in Support of Petitioner
- Brief for the National Council of Higher Education Loan Programs, Inc., in Support of Petitioner
- Brief of the International Municipal Lawyers Association in Support of Petitioner
- Brief for Professors Richard Aaron, Jagdeep S. Bhandari, Susan Block-Lieb, Robert Dâ€™agostino, Kenneth N. Klee, George W. Kuney, Jonathan C. Lipson, Lois Lupica, Ralph R. Mabey, C. Scott Pryor, Michael D. Sousa, And Robert M. Zinman in Support of Respondent
- Brief for G. Eric Brunstad, Jr., in Support of Respondent
- Brief for National Association of Chapter Thirteen Trustees in Support of Respondent
- Motion for Leave to File Brief and Brief for amicus curiae Professor Rafael I. Pardo in Support of Neither Party
- Opinion below (9th Circuit)
- Petition for certiorari
- Brief in opposition
- Brief amicus curiae of Oregon et al. (in support of petitioners)
- Brief amicus curiae of Educational Credit Management Corporation (in support of petitioners)
- Brief amicus curiae of National Council of Higher Education Loan Programs, Inc., et al. (in support of petitioners)
- Petitioner's reply