Mr. Civil Procedure Man

By Professor Ralph U. Whitten,  Senator Allen A. Sekt Professor of Law at Creighton
University Law School (Omaha, NE)

Dear Mr. Civil Procedure Man:

My questions concern the U. S. Supreme Court's decision in United Student Aid Funds Inc. v. Espinosa, 130 S. Ct. 1367 (2010). As a debtor's attorney, I understand the basic chapter 13 holdings especially the Court's admonition that the debtors' bar better not try to sneak in a plan provision that discharges student loans without an adversary proceeding lest he or she be sanctioned for bad faith litigation . . .

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