Decided
United Student Aid Funds, Inc. v. Espinosa
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.
Merits Briefs
- Brief for Petitioner United Student Aid Funds, Inc.
- Brief for Respondent Francisco J. Espinosa
- Reply Brief for Petitioner United Student Aid Funds, Inc.
Amicus Briefs
- Brief for the United States of America in Support of Petitioner
- Brief for the Educational Credit Management Corporation in Support of Petitioner
- Brief for the States of Oregon, Alabama, Alaska, Arizona, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Iowa, Illinois, Louisiana, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, Wyoming, and the National League of Cities in Support of Petitioner
- Brief for the National Council of Higher Education Loan Programs, Inc., in Support of Petitioner
- Brief of the International Municipal Lawyers Association in Support of Petitioner
- Brief for Professors Richard Aaron, Jagdeep S. Bhandari, Susan Block-Lieb, Robert D’agostino, Kenneth N. Klee, George W. Kuney, Jonathan C. Lipson, Lois Lupica, Ralph R. Mabey, C. Scott Pryor, Michael D. Sousa, And Robert M. Zinman in Support of Respondent
- Brief for G. Eric Brunstad, Jr., in Support of Respondent
- Brief for National Association of Chapter Thirteen Trustees in Support of Respondent
- Motion for Leave to File Brief and Brief for amicus curiae Professor Rafael I. Pardo in Support of Neither Party
[##CERT-STAGE##]
Mar 10, 2009Petition for a writ of certiorari filed. (Response due April 13, 2009)
Apr 6, 2009Order extending time to file response to petition to and including May 13, 2009.
Apr 10, 2009Brief amici curiae of National Council of Higher Education Loan Programs, Inc., et al. filed.
Apr 10, 2009Brief amicus curiae of Educational Credit Management Corporation filed.
Apr 13, 2009Brief amici curiae of Oregon, et al. filed.
May 12, 2009Brief of respondent Francisco J. Espinosa in opposition filed.
May 22, 2009Reply of petitioner United Student Aid Funds, Inc. filed.
May 26, 2009DISTRIBUTED for Conference of June 11, 2009.
Jun 15, 2009Petition GRANTED.
Jul 10, 2009The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including August 28, 2009.
Aug 28, 2009Joint appendix filed. (Statement of costs filed)
Aug 28, 2009Brief of petitioner United Student Aid Funds, Inc. filed.
Sep 3, 2009Brief amicus curiae of United States filed.
Sep 3, 2009Brief amicus curiae of International Municipal Lawyers Association filed.
Sep 3, 2009Motion for leave to file amicus brief of Professor Rafael I. Pardo in support of neither party filed..
Sep 4, 2009Brief amicus curiae of Educational Credit Management Corporation filed.
Sep 4, 2009Brief amicus curiae of National Council of Higher Education Loan Programs, Inc. filed.
Sep 4, 2009Brief amici curiae of Oregon, et al. filed.
Sep 17, 2009The time within which to file respondent's brief on the merits is extended to and including October 13, 2009.
Sep 28, 2009SET FOR ARGUMENT ON Tuesday, December 1. 2009.
Oct 2, 2009CIRCULATED.
Oct 13, 2009Brief of respondent Francisco J. Espinosa filed. (Distributed).
Oct 16, 2009Brief amici curiae of Professors Richard Aaron, et al. filed. (Distributed)
Oct 19, 2009Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 19, 2009Record received from the U.S.D.C. for the District of Arizona. (1 envelope). The remainder of this record is electronic.
Oct 20, 2009Motion for leave to file amicus brief filed by Professor Rafael I. Pardo in support of neither party GRANTED.
Oct 20, 2009Brief amicus curiae of National Association of Consumer Bankruptcy Attorneys filed. (Distributed)
Oct 20, 2009Brief amicus curiae of G. Eric Brunstad, Jr. (Distributed).
Oct 20, 2009Brief amicus curiae of National Association of Chapter Thirteen Trustees filed. (Distributed)
Nov 2, 2009Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 12, 2009Reply of petitioner United Student Aid Funds, Inc. filed. (Distributed)
Dec 1, 2009Argued. For petitioner: Madeleine C. Wanslee, Phoenix, Ariz.; and Toby J. Heytens, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.) For respondent: Michael J. Meehan, Tucson, Ariz.
Mar 23, 2010Adjudged to be AFFIRMED. Thomas, J., delivered the opinion for a unanimous Court.
Apr 26, 2010JUDGMENT ISSUED.
Aug 2, 2010Record returned to U.S.D.C. for the District of Arizona.
Recommended Citation: United Student Aid Funds, Inc. v. Espinosa, SCOTUSblog, https://www.scotusblog.com/cases/united-student-aid-funds-v-espinosa/