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
Integrating and Interpreting MTSS Data: How Districts Are Designing Systems That Identify Student Needs
Discover practical ways to organize MTSS data that enable timely, confident MTSS decisions, ensuring every student is seen and supported.
Content provided by Panorama Education
Artificial Intelligence Live Online Discussion A Seat at the Table: AI Could Be Your Thought Partner
How can educators prepare young people for an AI-powered workplace? Join our discussion on using AI as a cognitive companion.
Student Well-Being & Movement K-12 Essentials Forum How Schools Are Teaching Students Life Skills
Join this free virtual event to explore creative ways schools have found to seamlessly integrate teaching life skills into the school day.

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 TikTok Settles as Social Media Giants Face Landmark Trial Over Youth Addiction Claims
Trial centers on criticisms that the platforms deliberately addict and harm children.
5 min read
Social Media Kids Ohio 24005836447288
ASSOCIATED PRESS
Law & Courts The Stark Divide in the States Recouping K-12 Grants Cut by Trump's Ed. Dept.
A fifth of lawsuits challenging Trump admin. education policies have come from multistate coalitions.
8 min read
Students sit on bleachers after science, technology, engineering and mathematics activities, facilitated by the Kentucky Science Center, in Simpsonville Elementary School, Nov. 18, 2025, in Simpsonville, Ky.
Students sit on bleachers after STEM activities facilitated by the Kentucky Science Center at Simpsonville Elementary School in Simpsonville, Ky., on Nov. 18, 2025. The school district serving Simpsonville is one of nine in north-central Kentucky that was able to hire new school counselors with the help of a federal grant that the Trump administration terminated last year.
Jon Cherry/AP
Law & Courts Full Appeals Court Signals Openness to Ten Commandments Classroom Laws
The full 5th Circuit seemed sympathetic to unblocking two laws requiring Ten Commandments displays.
5 min read
Ten Commandments Texas 25322117067170
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Monday, Nov. 17, 2025. A federal appeals court appears open to reviving blocked Ten Commandments school laws in Louisiana and Texas.
AP Photo/Eric Gay
Law & Courts Parents Ask Supreme Court to Restore Ruling on Gender Disclosure
Parents asked the U.S. Supreme Court to intervene over school gender-identity policies in California.
4 min read
A group of California parents has asked the nation's highest court to reinstate a federal district court decision that said parents have a federal constitutional right to be informed by schools of any gender nonconformity and social transitions by their children. The Supreme Court building is seen on Jan. 13, 2026, in Washington.
A group of California parents has asked the nation's highest court, whose building is shown on Jan. 13, 2026, to reinstate a federal district court decision that said parents have a federal constitutional right to be informed by schools of any gender nonconformity or social transition by their children.
Julia Demaree Nikhinson/AP