Reading Espinosa: thinking outloud
So, it turns out that I have to dig up my old 1L books on civil procedure.
To me, the question in Espinosa v. United Student Aid Funds, Inc. is whether the creditor is entitled to heightened due process. Yes, I know. The creditors are entitled to the adversary proceeding under bankruptcy law and procedure, but does that mean that they are allowed to challenge a confirmed plan?
Are creditors allowed to challenge the confirmed plan when a plan confirmation is deemed final judgment? If they are, then what does it mean for final judgment jurisprudence?
Should the plan’s confirmation be something other than final judgment?
I have to write an outline for Monday, so I’ve clearly got my work cut out for me.
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