United States Supreme Court issues Student Loan Opinion

Posted on March 24, 2010. Filed under: Uncategorized |

For a copy of the opinion, click here

From the opinion:

“Espinosa’s failure to serve the summons and complaint as required by the Bankruptcy Rules deprivedUnited of a right granted by a procedural rule. United could have timely objected to this deprivation and appealed from an adverse ruling on its objection. But this deprivation did not amount to a violation of due process, which requires notice “reasonably calculated, under all the circumstances, to apprise interested parties of thependency of the action and afford them an opportunity to present their objections,” Mullane v. Central Hanover Bank & Trust Co., 339

U. S. 306, 314. Here, United’s actual notice of the filing and contents of Espinosa’s plan more than satisfied its due process rights. Thus, Espinosa’s failure to make the required service does not  entitle United to relief under Rule 60(b)(4). Pp. 7–10.”

John Rogers, Kentucky Bankruptcy Attorney

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