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New Cases For the Week of October 6, 2008 - October 10, 2008
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| October 6, 2008 |
Case |
Court |
Holding |
Espinoza v. United Student Aid Funds, Inc.
(DBN Subscription Required) |
9th Cir. |
A student loan creditor is bound by a confirmed, performed Chapter 13 plan which clearly provides that student loans will be discharged, even though the debtor did not commence an adversary proceeding to adjudicate undue hardship. The creditor was not deprived of due process by the debtor's failure to commence the required adversary proceeding ("[W]e aren't talking here about destitute widows and orphans, or people who don't speak English or can't afford a lawyer. The creditors in such cases are huge enterprises whose business it is to administer the very kinds of debts here in question"). |
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