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Walsh, Jr. v. U.S. Department of Education
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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
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discharge would impose an undue hardship on Mr. Walsh.1See 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.
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