Law & Courts

Supreme Court Considers Student Loans, Bankruptcy

By Mark Walsh — December 08, 2009 1 min read
  • Save to favorites
  • Print

The U.S. Supreme Court has waded into the complexities of the student-loan industry, having heard a lender’s challenge to a court-approved bankruptcy plan that allowed an Arizona man to discharge some of his educational loan debt without proving “undue hardship,” as federal law requires.

Student loans are one of several forms of debt, including back taxes and child support, not easily discharged in bankruptcy.

The case, United Student Aid Funds Inc. v. Espinosa (No. 08-1134), involves Francisco J. Espinosa, an airline ramp agent in Phoenix who in the late 1980s received some $13,250 in student loans to attend trade school. In 1992, he filed for Chapter 13 bankruptcy protection, proposing to repay the principal—but not some $4,000 in interest. The bankruptcy court in Phoenix notified Indianapolis-based United Student Aid Funds Inc., but the lender did not object to the discharge plan.

Later, the U.S. Department of Education, as the guarantor of the loans, began collection efforts against Mr. Espinosa for the outstanding interest, but he won a ruling requiring the creditors to cease those efforts.

In an appeal to the high court, lawyers for the lender and the Obama administration said that upholding Mr. Espinosa’s bankruptcy relief would encourage many more debtors to try an end run around the legal requirements for student-loan debts.

During oral arguments in the case on Dec. 1, Toby J. Heytens, an assistant to the U.S. solicitor general, told the justices that “there is an important public interest at stake here, which is that the Department of Education is reinsuring all of these loans.”

But Michael J. Meehan, the lawyer representing Mr. Espinosa, argued that creditors and debtors should be able to agree to discharge “a portion of the student loan without a finding of undue hardship.”

The justices grilled both sides.

“You are taking a burden that Congress has put on the debtor and switching it to the creditor,” Justice Ruth Bader Ginsburg said to Mr. Meehan.

But Justice Anthony M. Kennedy wondered whether creditors could waive interests during bankruptcy proceedings, then “come in 10 years later and say, ‘This is a void judgment.’ ”

The case should be decided by July.

A version of this article appeared in the December 09, 2009 edition of Education Week as Supreme Court Considers Student Loans, Bankruptcy

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Special Education Webinar
Bridging the Math Gap: What’s New in Dyscalculia Identification, Instruction & State Action
Discover the latest dyscalculia research insights, state-level policy trends, and classroom strategies to make math more accessible for all.
Content provided by TouchMath
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School Climate & Safety Webinar
Belonging as a Leadership Strategy for Today’s Schools
Belonging isn’t a slogan—it’s a leadership strategy. Learn what research shows actually works to improve attendance, culture, and learning.
Content provided by Harmony Academy
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Too Many Initiatives, Not Enough Alignment: A Change Management Playbook for Leaders
Learn how leadership teams can increase alignment and evaluate every program, practice, and purchase against a clear strategic plan.
Content provided by Otus

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Supreme Court Strikes Trump Tariffs in Case Brought by Educational Toy Companies
Two educational toy companies were among the leading challengers to the president's tariff policies
3 min read
Members of the Supreme Court sit for a new group portrait following the addition of Associate Justice Ketanji Brown Jackson, at the Supreme Court building in Washington, Oct. 7, 2022. Bottom row, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan. Top row, from left, Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh, and Associate Justice Ketanji Brown Jackson.
Members of the U.S. Supreme Court sit for a new group portrait following the addition of Justice Ketanji Brown Jackson, at the court building in Washington, Oct. 7, 2022. On Feb. 20, 2026, the court ruled 6-3 to strike down President Donald Trump's broad tariff policies, ruling that they were not authorized by the federal statute that he cited for them.
J. Scott Applewhite/AP
Law & Courts Mark Zuckerberg Quizzed on Kids' Instagram Use in Landmark Social Media Trial
The Meta chief testified in a court case examining whether the company's platforms are addictive and harmful.
5 min read
Meta CEO Mark Zuckerberg arrives for a landmark trial over whether social media platforms deliberately addict and harm children, Wednesday, Feb. 18, 2026, in Los Angeles.
Meta CEO Mark Zuckerberg arrives at a federal courthouse in Los Angeles on Feb. 18, 2026. Zuckerberg was questioned about the features of his company's platform, Instagram, and about his previous congressional testimony.
Ryan Sun/AP
Law & Courts California Sues Ed. Dept. in Clash Over Gender Disclosures to Parents
California challenges U.S. Department of Education findings on state policies over gender disclosure.
4 min read
California Attorney General Rob Bonta speaks to reporters as Arizona Attorney General Kris Mayes, left, and Oregon Attorney General Dan Rayfield, right, listen outside the Supreme Court on Wednesday, Nov. 5, 2025, in Washington. (AP Photo/Mark Schiefelbein)
California Attorney General Rob Bonta speaks to reporters outside the U.S. Supreme Court in Washington on Nov. 5, 2025, with Arizona Attorney General Kris Mayes and Oregon Attorney General Dan Rayfield behind him. Bonta this week sued the U.S. Department of Education, asking a court to block the agency's finding that the state is violating FERPA by <ins data-user-label="Matt Stone" data-time="02/13/2026 4:22:45 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">not requiring schools to disclose</ins> students’ gender transitions <ins data-user-label="Matt Stone" data-time="02/13/2026 4:22:45 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">to</ins> parents.
Mark Schiefelbein/AP
Law & Courts Oklahoma Board Rejects Jewish Charter as Supreme Court Fight Looms
Oklahoma's charter school board rejected the Jewish school as members said their hands were tied.
4 min read
Ben Gamla Charter Schools founder and former U.S. Rep. Peter Deutsch, right, speaks with Brett Farley, executive director of the Catholic Conference of Oklahoma, left, before a Jan. 12 meeting of the Statewide Charter School Board in Oklahoma City. Both are founding board members of an Oklahoma Jewish Charter School.
Ben Gamla Charter Schools founder and former U.S. Rep. Peter Deutsch, right, speaks with Brett Farley, executive director of the Catholic Conference of Oklahoma, before a Jan. 12, 2026, meeting of the Statewide Charter School Board in Oklahoma City. The board rejected the proposed Jewish charter school on Feb. 9, 2026.
Nuria Martinez-Keel/Oklahoma Voice