Amicus Curiae Brief, United Student Aid Funds, Inc. v. Espinosa, no. 08-1134 (2009)

December 01, 2009

Dechert lawyers authored an amicus curiae brief in this case, which presented the question of whether a bankruptcy court’s order discharging student loan debt, of which the creditor received actual notice and allowed to become final, is enforceable as a final order, or whether it is void in the absence of an adversary hearing and a finding of undue hardship. On March 23, 2010, the Supreme Court issued its opinion in favor of respondent, holding that the bankruptcy court’s order was not void because where a party is notified of a plan’s contents and fails to object to confirmation of the plan before the time for appeal expires, that party’s failure to object will not justify Rule 60(b)(4) relief.

Read more.