United Student Aid Funds, Inc v. Espinosa, 560 U.S. —, 130 S.Ct. 1367 (2010)

By Professor M. Jonathan Hayes

Issue: Is “an order [confirming a chapter 13 plan] that confirms the discharge of a student loan debt in the absence of an undue hardship finding or an adversary proceeding, or both, … a void judgment for Rule 60(b)(4) purposes”?

Holding: No

Justice Clarence Thomas for a unanimous court,

This chapter 13 debtor’s plan proposed to pay only the principle on a student loan and provided that the remainder, the accrued interest, would be discharged upon payment of the principle. No adversary proceeding was commenced and the court was not asked to . . .

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