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.

Subscribe to Dechert Updates