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Errors In Judgment Or How To Get Debts Discharged In Bankruptcy "(Il)Legally" And Other Notice Issues, Pearson Liddell Jr., Gloria J. Liddell
Errors In Judgment Or How To Get Debts Discharged In Bankruptcy "(Il)Legally" And Other Notice Issues, Pearson Liddell Jr., Gloria J. Liddell
Pearson Liddell Jr.
ABSTRACT ERRORS IN JUDGMENT or HOW TO GET DEBTS DISCHARGED IN BANKRUPTCY (IL)LEGALLY: A MATTER of NOTICE On March 23, 2010, the U.S. Supreme Court decided the case of United Student Aid Funds, Inc. v. Espinosa. By this case a debtor was relieved of an obligation to pay a student loan notwithstanding the fact that the debtor had not followed the prescribed procedure for obtaining a discharge of that debt. The U. S. Bankruptcy Code (“Code”) requires that a debtor initiate an adversary proceeding to determine the dischargeability of such debts based upon a finding of “undue hardship”. This proceeding …