Whether Espinosa (the debtor) mailed his discharge noticed under Chapter 13 bankruptcy to United Student Aid Funds meet the requirement of due process? Was the plan considering void judgment if the debtor fails to provide “undue hardship” in an adversary proceeding?
RULE
Initially, the Chapter 13 bankruptcy code allow debtors establish a plan and repay all or portion of their debts over a specific period of time list. A sufficient confirmation bankruptcy plan will result a discharge of debts if debtors pay off what’s list in the plan. Secondly, the Federal Rule of Civil Procedure 60(b)(4) allow party relief from a final judgment that’s “void”, which happen when there is jurisdictional error or violation of due process that a party lost their
RULE
Initially, the Chapter 13 bankruptcy code allow debtors establish a plan and repay all or portion of their debts over a specific period of time list. A sufficient confirmation bankruptcy plan will result a discharge of debts if debtors pay off what’s list in the plan. Secondly, the Federal Rule of Civil Procedure 60(b)(4) allow party relief from a final judgment that’s “void”, which happen when there is jurisdictional error or violation of due process that a party lost their