ESPINOSA v. UNITED STUDENT AID FUNDS, INC.

No. 06-16421.

545 F.3d 1113 (2008)

Francisco J. ESPINOSA, Plaintiff-Appellant, v. UNITED STUDENT AID FUNDS, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Vacated June 24, 2008.

Resubmitted August 29, 2008.

Filed October 2, 2008.


Attorney(s) appearing for the Case

Michael J. Meehan, Munger Chadwick, James L. Robinson, Jr., Robinson & Rylander, P.C., Tucson, AZ, for the plaintiff-appellant.

Madeleine C. Wanslee, Gust Rosenfeld P.L.C., Phoenix, AZ, for the defendant-appellee.

Before: ALEX KOZINSKI, Chief Judge, A. WALLACE TASHIMA and N. RANDY SMITH, Circuit Judges.


KOZINSKI, Chief Judge:

In our earlier opinion in this case, Espinosa v. United Student Aid Funds, Inc., 530 F.3d 895 (9th Cir.2008), we remanded to the bankruptcy court for a determination under Rule 60(a) whether exclusion of petitioner's student debt from its discharge order was the result of a clerical error. The bankruptcy court confirmed that:

the inclusion of paragraph 1(c) in the Discharge Order [which exempted...

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