Brown v. Rust (In re Rust)

510 B.R. 562
CourtUnited States Bankruptcy Court, E.D. Kentucky
DecidedMay 6, 2014
DocketBankruptcy No. 13-30543; Adversary No. 14-3001
StatusPublished
Cited by10 cases

This text of 510 B.R. 562 (Brown v. Rust (In re Rust)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, E.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Rust (In re Rust), 510 B.R. 562 (Ky. 2014).

Opinion

MEMORANDUM OPINION

GREGORY R. SCHAAF, Bankruptcy Judge.

The issue before the Court is whether the Defendant owes the Plaintiff a debt that is nondischargeable pursuant to § 523(a)(8). The Plaintiff Francis Brown (“Brown”) cosigned a student loan at the request of the Defendant Debtor Crystal Rust (“Rust”). Rust defaulted on the loan and Brown ultimately satisfied the debt with the original lender. Brown filed suit against Rust in state court and obtained a default judgment. Brown now seeks a determination that this debt is nondis-chargeable under § 523(a)(8).

Brown moved for summary judgment [Doc. 11] and, after the parties briefed the issue, a hearing was held on April 17, 2014. At the hearing, the parties agreed that no further factual development is necessary so the Court took the Motion for Summary Judgment and the allegations in the Com[565]*565plaint under submission [Doc. 19]. Upon consideration of the parties’ briefs, testimony and exhibits, and a review of the record, it is determined that Rust owes Brown a debt of $25,337.33, plus interest, that is nondischargeable pursuant to § 523(a) (8) (A) (ii).

I. FACTS

The facts are undisputed, except as otherwise indicated. Brown testified by affidavit that in late August or early September 2002, Brown was approached by Rust and her fiancé (now husband) to assist Rust in obtaining a student loan. Brown considered Rust and her fiancé friends and agreed to assist. Brown understood Rust needed someone to cosign or she could not obtain the student loan.

Brown testified that both Rust and her fiancé represented that the loan was used for Rust’s education and that his name would come off the loan within 2 years. This is the only arguably contested fact, as Rust’s counsel contended in briefing and during oral argument that Brown knew Rust would use the loan proceeds for living expenses and not educational expenses. Brown disputes this contention, testifying that he was never told Rust would not use the student loan for educational purposes. Despite Rust’s arguments, there is no proof in the record by affidavit or otherwise supporting her argument and Brown’s testimony is therefore undisputed.

Rust, while attending the University of Southern Indiana, signed a Non-negotiable Credit Agreement dated September 5, 2002 (“Credit Agreement”), for an “Education One Undergraduate Loan” payable to Bank One, N.A. (“Bank One”) for $30,000.00 (“Bank One Loan”). The next day, Brown signed the Credit Agreement as “Cosigner.” In describing the terms of repayment, the Credit Agreement does not generally distinguish between the “Borrower” and “Cosigner” and instead refers to them generally as “I,” “me,” “my” and “mine.”

Brown testified that he received none of the proceeds of the Bank One Loan and considered Rust the “principal obligor and borrower.” See Brown Affidavit [Doc. 11, Exhibit A at ¶ 5]. Over the next few years, Brown “started receiving communications from various debt collectors regarding Ms. Rust’s student loan account” informing him that “Rust had failed to make timely payments on her student loan.” Id. at ¶ 6. Brown testified that debt collectors contacted him to demand money and threatened to damage his credit. Id. As a result, Brown made two payments totaling $837.33 on Rust’s student loan account in July 2009. Id. at ¶ 7. Brown eventually paid off the loan by payments of $9,000.00 on August 20, 2012, and $15,500.00 on September 7, 2012. Brown paid a total of $25,337.33 to the Bank One to satisfy the Credit Agreement. Id. at ¶ 8-9.

In February 2013, Brown filed suit against Rust in Franklin Circuit Court and on April 10, 2013, received a default judgment in his favor for $25,337.33, plus interest from the date of entry of the judgment. He garnished approximately $1,400.00 in Rust’s wages before Rust filed chapter 7 bankruptcy on October 8, 2013.

Rust listed Brown’s claim of $25,500.00 on Schedule F. Brown subsequently filed this adversary proceeding on January 1, 2014, seeking a determination that a debt of $25,337.33, plus interest (“Claim”), is nondischargeable pursuant to § 523(a)(8). On March 31, 2014, Brown moved for summary judgment arguing that there are no genuine issues of material fact and the debt is nondischargeable as a debt for “an obligation to repay funds received as an educational benefit, scholarship or stipend....” 11 U.S.C. § 523(a)(8)(A)(ii). [566]*566Rust filed a response in opposition and the matter was fully briefed.

The Court conducted a hearing on the Motion for Summary Judgment on April 17, 2014. The parties represented at the hearing that no further facts needed development and all evidence necessary to make a determination on the Motion for Summary Judgment and the allegations in the Complaint are in the record. Thus, the Court struck the pending pretrial deadlines and trial and took the matter under submission on the record. The matter is now ripe for determination.

II. DISCUSSION.

Brown moved for summary judgment pursuant to § 523(a) (8) (A) (ii). This decision also considers discharge pursuant to § 523(a)(8)(A)(i) because the parties submitted the matter on the record, and the allegations in the Complaint seek a judgment pursuant to § 523(a)(8) generally. Ultimately, the decision is made based on subsection (A)(ii) and summary judgment is warranted.

A. Section 523(a)(8) Makes Loans for an Educational Benefit Nondis-chargeable.

Section 523(a) contains a limited list of obligations that are not discharged under the various sections of the Bankruptcy Code. Statutory exceptions to discharge set forth in § 523 are considered in light of the underlying policy of the Bankruptcy Code, ie. the goal of providing a fresh start, and “are generally construed ‘narrowly against the creditor and in favor of the debtor.’ ” Boston Univ. v. Mehta (In re Mehta), 310 F.3d 308, 311 (3d Cir.2002) (quoting In re Pelkowski, 990 F.2d 737, 744 (3d Cir.1993)). “However, in the case of section 523(a)(8), Congress has revealed an intent to limit the dischargeability of educational loan debt, and we can construe the provision no more narrowly than the language and legislative history allow.” Pelkowski, 990 F.2d at 745.

Pursuant to § 523(a)(8), unless excepting a debt from discharge imposes an “undue hardship” on the debtor and the debt- or’s dependents, the student loan is not dischargeable if the debt is for:1

(A)(i) an educational benefit overpayment or loan made, insured, or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution; or
(ii) an obligation to repay funds received as an educational benefit, scholarship or stipend....

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510 B.R. 562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-rust-in-re-rust-kyeb-2014.