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Case Study: United Student Aid Funds, Inc. V. Espinosa

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United Student Aid Funds, Inc. v. Espinosa

Issues: Was an order that a bankruptcy court confirms the discharge of a student loan debt with the chapter 13 plan considered a void judgment when the chapter 13 plan improperly discharges the debtor’s legally non-dischargeable student loans?

Rule: In the Repayment Plan, all debts are dischargeable. The chapter 13 plan allows individual debtors to create a plan to repay all or a part of the debts over a specific time.

Application: The original plan that proposed by Espinosa was confirmed by the bankruptcy court. The mailing that Espinosa mailed to United Student Aid Funds did not violate United Student Aid Funds’ due process rights. Failure to discharge the debt would enforce an undue hardship

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