Wednesday, March 24, 2010
Score one for the little guy
I was so happy when I heard this on the radio the other day. Espinosa won, people! Back in December I posted an entry about this guy. Three years after paying back the principal of a school loan - the bankruptcy court discharged about $5,000 in interest - U.S. Dept. of Education sued to try and collect the interest claiming that the court erroneously discharged the interest without having Espinosa show undue hardship. (Dude, he was earning around $6 bucks an hour, isn't the undue hardship implied when you make that little?) Anyway, the case made it all the way to the Supreme Court and they ruled in Espinosa's favor stating: "[T]he bankruptcy court's failure to find undue hardship before confirming Espinosa's plan was a legal error, but the order remains enforceable and binding on United because United had notice of the error and failed to object or timely appeal."
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1 comment:
yea!!!!
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