Brunell v. Citibank (South Dakota) N.A.

356 B.R. 567, 2006 Bankr. LEXIS 3422
CourtUnited States Bankruptcy Court, D. Massachusetts
DecidedDecember 8, 2006
DocketBankruptcy No. 04 17792 WCH; Adversary No. 04 01435
StatusPublished
Cited by2 cases

This text of 356 B.R. 567 (Brunell v. Citibank (South Dakota) N.A.) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brunell v. Citibank (South Dakota) N.A., 356 B.R. 567, 2006 Bankr. LEXIS 3422 (Mass. 2006).

Opinion

MEMORANDUM OF DECISION

WILLIAM C. HILLMAN, Bankruptcy Judge.

I. Introduction

In her Chapter 7 bankruptcy case, plaintiff Jennifer Gail Brunell (“Debtor”) filed an adversary complaint (“Complaint”) seeking the discharge of her educational loans under 11 U.S.C. § 523(a)(8). Educational Credit Management Corporation (“ECMC”) filed a motion to intervene in this matter and I allowed ECMC to substitute as defendant for Wells Fargo Education Financial Services and Sallie Mae Servicing Corporation, and answer the Complaint.1 Following discovery, and the submission of pre-trial briefs and a Joint Pre-Trial Memorandum (“JPTM ”), I held [569]*569a trial on September 27, 2006. At trial, the Debtor and Becky Comery, a former co-worker of the Debtor in her current industry, testified and thirteen (13) exhibits were submitted into evidence without objection. ECMC presented no witnesses and three (3) exhibits were received into evidence. The issue presented is whether the Debtor met her burden of establishing that the repayment of her student loans would constitute an undue hardship on her. The following constitute my findings of fact and conclusions of law pursuant to Fed. R. Bankr.P. 7052.

II. Facts

A. Debtor’s Background and Current Income

The Debtor filed a voluntary case under Chapter 7 of the Bankruptcy Code with her former husband on September 23, 2004 (“filing date”). JPTM 4. They received a general discharge for all the eligible debts scheduled in their bankruptcy petition on February 25, 2005, which would not have included the student loan obligations for which she now seeks discharge pursuant to the Complaint. JPTM 4. The Debtor is forty-one (41) years old and currently a resident of Tiverton, Rhode Island.2 Trial Transcript (“Tr.”) 5-6. She is divorced and has custody of her three children, a daughter age seven (7) and twin daughters age five (5). JPTM 4; Tr. 7. The parties stipulated that the Debtor’s health is good and that her assets are minimal. JPTM at 5. She is intelligent and well-educated, and has been gainfully and continuously employed in the health services industry since August 2004.

For her education, she believes she borrowed approximately $16,000 for her bachelor’s degree, $35,000 for her master’s degree, and $45,000 to $50,000 for her Ph.D program. Tr. 16, 23. During this proceeding, the parties stipulated that Debtor is indebted to ECMC, a student loan guarantor agency and the current holder of amounts due under the Debtor’s various student loan obligations (“student loan”). JPTM 4-5. The parties also stipulated that as of September 19, 2006, the amount due on the student loan totaled $200,245.77, with a per diem of $33.46. JPTM 4; see also ECMC’s statement of amount owed by the Debtor on the student loan, Def.’s Ex. I.3 Over 30 years, payments of at least $1,298.79 monthly would be required to repay this debt. Id.

The Debtor’s substantial obligations under the student loan arose in connection with her undergraduate studies from 1983 through 1987, and graduate studies from 1993 through 2001. She obtained her bachelor’s degree in electrical engineering from Worcester Polytechnic Institute in 1987. Tr. 18. While she was in college, she funded her education with scholarships, student loans and funds from a part-time job, reflecting her intelligence and resourcefulness. Response of Plaintiff to First Set of Interrogatories Submitted by Educational Management Corporation (“Interrogatory Answers”), Pl.’s Ex. 7 at 9.

The Debtor’s career in the engineering field prior to her current career was just as promising as her current career in the health services industry. In the summer after she graduated from college, she worked as a systems engineer with Teledyne Brown Engineering where she [570]*570worked on building large computer systems for the government, and earned a salary of approximately $30,000 annually. Tr. 51-52. After that office was closed, she was able to immediately find another job with Mitre Corporation for a similar position and salary. Tr. 52-53. Within only sixteen months or so after starting the position at Mitre, she was able to advance to an even higher paying job at GTE Corporation in systems engineering, where she started at a salary of $33,000 annually and worked for the following five years. Tr. 53. During this time between 1990 and 1992, she also attended single classes at Northeastern University and Middlesex Community College which she paid for with funds from her full-time employment. Interrogatory Answers, Pl.’s Ex. 7, at 9.

After deciding to pursue her interest in psychology, between 1993 and 2001, the Debtor returned to full-time graduate study. In 1993, she commenced a master’s program in counseling psychology at Lesley College, a degree which she completed in 1995. Tr. 14-15. Within a year of completing her master’s degree, the Debt- or applied to Ph.D. programs. Tr. 16, 18. She subsequently commenced a Ph.D. program and did work towards her doctorate at Suffolk University and the Fielding Institute between 1996 and 2001. Tr. 15. She paid for the cost of her master’s and Ph.D. programs with student loans and support from her husband. Interrogatory Answers, PL’s Ex. 7, at 10. It had been her intention to earn her master’s and Ph.D, in order to be able to change fields, and that her husband would support the family while she worked to pay back her student loans. Tr. 38.

After her first daughter was born in 1998, the Debtor continued as a full-time Ph.D. student. Tr. 18. She dropped out of her Ph.D. program in February 2001, four months before her twins were born. Id. She and her husband separated, and her husband filed for divorce in 2003. Tr. 38. The divorce judgment indicates that they separated in June 2003, and the divorce became final in August 2005 after a little over seventeen (17) years of marriage. Judgment of Divorce Nisi and Separation Agreement, PL’s Ex. 12.

In August 2004, the Debtor started her employment at the Attleboro Center— Community Care Services (“Attleboro Center”). Tr. 19. At the Attleboro Center, the Debtor worked with adolescents aged 12 through 18 during their residence at an inpatient treatment center, as a clinician. Interrogatory Answers, PL’s Ex. 7, at 3-4. Her duties included the treatment of individuals, families and groups, crisis intervention, case management and aftercare services. Id. at 4. The parties stipulated in the JPTM that her hourly pay at the Attleboro Center was $16.50 for 40 hours, but the Debtor testified that her compensation was actually the amount of approximately $37,000 gross per year, which would indicate an approximate hourly rate of $17.79 (($37,000 52) 40 = $17,788), and in her answers to ECMC stated that she was paid hourly at a rate of $17.89, amounts slightly higher than the $16.50 per hour indicated in the stipulated facts. JPTM 4; Tr. 6; Interrogatory Answers, PL’s Ex. 7 at 4. She worked for the Attleboro Center from August 2004 to July 2005. Id.

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Related

Ayele v. Educational Credit Management Corp.
468 B.R. 24 (D. Massachusetts, 2012)
In Re Brunell
356 B.R. 567 (D. Massachusetts, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
356 B.R. 567, 2006 Bankr. LEXIS 3422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brunell-v-citibank-south-dakota-na-mab-2006.