UNITED STUDENT AID FUNDS, INC. v. ESPINOSA

No. 08-1134.

130 S.Ct. 1367 (2010)

559 U.S. 260

UNITED STUDENT AID FUNDS, INC., Petitioner, v. Francisco J. ESPINOSA.

Supreme Court of United States.

Decided March 23, 2010.


Attorney(s) appearing for the Case

Madeleine C. Wanslee, Phoenix, AZ, for the petitioner by Toby J. Heytens for the U.S. as amicus curiae, by special leave of the Court, supporting the petitioner.

Michael J. Meehan, Tucson, AZ, for the respondent.

R. Ted Cruz, Allyson N. Ho, Morgan, Lewis & Bockius LLP, Houston, Texas, David B. Boodt, Joni M. Anderson, Julie E. Ragsdale, United Student Aid Funds, Inc., Indianapolis, IN, Charles W. Wirken, Counsel of Record, Madeleine C. Wanslee, Sean P. O'Brien, Gust Rosenfeld P.L.C., Phoenix, AZ, for Petitioner.

James L. Robinson, Jr., Robinson & Rylander, P.C., Tucson, AZ, for Petitioner.

Michael J. Meehan, Counsel of Record, Munger Chadwick P.L.C., Tucson, AZ, for Respondent.

John R. Kroger, Attorney General of Oregon, Mary H. Williams, Deputy Attorney General, Counsel of Record, Jerome Lidz, Solicitor General, Carolyn G. Wade, Assistant Attorney General, Salem, OR, for Amicus Curiae State of Oregon.


Justice THOMAS delivered the opinion of the Court.

Under Chapter 13 of the Bankruptcy Code (Code), a debtor may obtain a discharge of certain government-sponsored student loan debts only if failure to discharge that debt would impose an "undue hardship" on the debtor and his dependents. 11 U.S.C. §§ 523(a)(8), 1328. The Federal Rules of Bankruptcy Procedure require bankruptcy courts to make this undue hardship determination in an adversary proceeding, see...

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