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United Student Aid Funds, Inc. v. Espinosa

Docket No.08-1134
Op. Below9th Circuit
ArgumentJan 12, 2009

Holding

A bankruptcy court must determine that a debtor suffers from undue hardship before it cancels student loan debt in bankruptcy. However, even if the bankruptcy court doesn't make such a determination, its original order to cancel the debt may be enforced if the creditor did not object by a given deadline.

Judgment

Affirmed, 9-0, in an opinion by Clarence Thomas on Mar 23, 2010.

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