In re Pearson (Ch. 13 Case No. 95-30158, Adv. No. 99-03051)

The Court entered a "form discharge order" which purported to discharge the debtor's student loan obligation. The debtor had not filed an adversary proceeding contending that payment of her student loans would be an undue hardship. The Court determined that its discharge order was rendered in a manner inconsistent with due process and thus void under Federal Rules of Civil Procedure 60(b)(4).

Tuesday, May 21, 2002