1:25-ap-01004•Walsh, Jr. v. U.S. Department of Education
Testo completo
1 UNITED STATES BANKRUPTCY COURT DISTRICT OF MAINE In re: Robert Walsh, Jr. Debtor Chapter 7 Case No. 25-10215 Robert Walsh, Jr. Plaintiff v. U.S. Department of Education Defendant Adversary Proceeding No. 25-01004 ORDER GRANTING PLAINTIFFS MOTION FOR DEFAULT JUDGMENT Robert Walsh, Jr., sued the U.S. Department of Education, seeking a determination that his federal student loan debt, as described in his complaint (and on his bankruptcy forms), would not be excepted from the discharge that he has since been granted under 11 U.S.C. § 727(a). After the court clerk entered a default against the Department [Dkt. No. 8], Mr. Walsh applied to the Court for a default judgment [Dkt. No. 12]. See Fed. R. Civ. P. 55(a), (b)(2); see also Fed. R. Bankr. P. 7055. He also later filed a supplemental affidavit to support his request [Dkt. No. 19]. The Department has not participated in this adversary proceeding. Overall, through satisfactory evidence, Mr. Walsh has established that he is entitled to the relief sought in his complaint. See Fed. R. Civ. P. 55(d). His complaint contains well-pleaded factual allegations, accompanied by a partially completed attestation form. And his supplemental affidavit provides additional disclosures and documentation. None of this has been contested. Taken together, the evidence shows that excepting the student loan debt from Case 25-01004 Doc 23 Filed 06/17/26 Entered 06/17/26 15:59:59 Desc Main Document Page 1 of 2
2 discharge would impose an undue hardship on Mr. Walsh.1 See 11 U.S.C. § 523(a)(8). That conclusion can be reached under any formulation of the standard for dischargeability of student loans in bankruptcywhether the Brunner test, the totality-of-the-circumstances test, or any other reasonably conceivable test. Thus, given the above circumstances, Mr. Walshs application for a default judgment is granted. The Court will enter such a judgment accordingly. Dated: June 17, 2026 Michael A. Fagone United States Bankruptcy Judge District of Maine 1 This is true even if Mr. Walsh were to reduce his monthly entertainment expenses dramatically. Given his advanced age, health issues, and limited prospects for supplementing a relatively modest income, Mr. Walshs situation is such that he cannot pay off this debt within a rational period. Case 25-01004 Doc 23 Filed 06/17/26 Entered 06/17/26 15:59:59 Desc Main Document Page 2 of 2
Ti chiedi come si applica questo testo alla tua situazione?
Consulenza gratuita, senza impegno
Descrivi la tua situazione. Il nostro team ti ricontatterà via e-mail per la tua consulenza.
Continua la tua ricerca in ChatGPT o Claude
Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.