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 PLAINTIFF’S 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.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 bankruptcy—whether the 	Brunner 	test, the totality-of-the-circumstances test, or any
other reasonably conceivable test.
Thus, given the above circumstances, Mr. Walsh’s 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. Walsh’s situation is such that 	he cannot pay off this debt within a rational
period.
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