Critical Case Comment – Espinosa v. United Student Aid Funds, 2008 WL 4426634 (9th Cir. October 2, 2008)

Espinosa v. United Student Aid Funds, 2008 WL 4426634 (9th Cir. October 2, 2008)

Confirmation order is binding even where confirmed plan provides for discharge of student loans without the debtor having filed an adversary.

Summary of the Case

Francisco Espinosa filed a Chapter 13 plan providing for repayment of only $13,250 in student loans, representing the principal amount without earned interest. The debtor sent a notice advising United Student Aid Funds (USAF) that if its . . .

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