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United States v. Falcon

United States Court of Appeals, Ninth Circuit

November 9, 2015

UNITED STATES OF AMERICA, Plaintiff-Counter-defendant-Appellee,
v.
MARK J. FALCON, Defendant-Counter-claimant-Appellant

Submitted October 23, 2015 [*] San Francisco, California

Appeal from the United States District Court for the District of Arizona. D.C. No. 4:11-cv-00006-FRZ. Frank R. Zapata, Senior District Judge, Presiding.

SYLLABUS

SUMMARY[**]

Student Loans

The panel affirmed the district court's judgment in favor of the United States in the government's action to collect unpaid federally insured student loans.

The panel held that the Higher Education Technical Amendments of 1991, which eliminated all statutes of limitations on actions to recover on defaulted federally guaranteed student loans, did not violate a student loan debtor's due process rights. The panel also held that the student loan debtor failed to raise a genuine issue of material fact or a question as to liability for the amount of indebtedness alleged in the complaint.

Vincent Lee Rabago, Tucson, Arizona, for Defendant-Counter-claimant-Appellant.

John S. Leonardo, United States Attorney, Robert L. Miskell, Appellate Chief, and Denise Ann Faulk, Assistant United States Attorney, Tucson, Arizona, for Plaintiff-Counter-defendant-Appellee.

Before: Michael Daly Hawkins, Barry G. Silverman, and Morgan Christen, Circuit Judges.

OPINION

Page 874

PER CURIAM:

This appeal arises from the United States' action to collect unpaid federally reinsured student loans from defendant-appellant Mark J. Falcon. Falcon obtained several student loans between 1983 and 1991. Falcon then allegedly defaulted. We affirm the district court's grant of summary judgment to the ...


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