United Student Aid Funds Inc. v. Espinosa

Pre 2005-Act: 
Pre 2005-Act
Confirmation of chapter 13 plan that included discharge of student loan debt without finding of undue hardship was not void where creditor had notice and failed to object or appeal.
Procedural posture: 
The U.S. Court of Appeals for the Ninth Circuit held that confirming respondent Chapter 13 debtor's plan without finding undue hardship to discharge interest on a student loan under 11 U.S.C.S. § 523(a)(8) in an adversary proceeding did not render the order void under Fed. R. Civ. P. 60(b)(4), and that, although petitioner creditor was not served a summons, it had notice of the plan and failed to object. Certiorari was granted.
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Consumer case opionion summary, case decided on March 23,2010, LexisNexis #0410-032