United States Ninth Circuit

In a case regarding discharge of student loan debt in Chapter 13 bankruptcy, the Court reverses a district court order reversing the bankruptcy court's order enforcing the discharge injunction where: 1) student loan debt cannot be discharged in Chapter 13 bankruptcy absent a showing of undue hardship; and 2) the debtor made no showing of undue hardship in an adversarial proceeding; but 3) the creditor was notified by the trustee of the discharge plan and period for contesting the claimed amount; and 4) the creditor failed to contest the claim before the discharge plan became final under 11 U.S.C. section 1327(a).

Appellate Information

• Argued 04/16/2008
• Decided 10/02/2008
• Published 10/02/2008

Judges

Court

• United States Ninth Circuit

Counsel