Bukovics v. Navient (In re Bukovics)

587 B.R. 695
CourtUnited States Bankruptcy Court, N.D. Illinois
DecidedJuly 26, 2018
DocketBankruptcy No. 15 B 38069; Adversary No. 17 A 186
StatusPublished
Cited by3 cases

This text of 587 B.R. 695 (Bukovics v. Navient (In re Bukovics)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bukovics v. Navient (In re Bukovics), 587 B.R. 695 (Ill. 2018).

Opinion

Jack B. Schmetterer, United States Bankruptcy Judge

Debtor Laurina Kim Bukovics ("Plaintiff") filed for bankruptcy relief under chapter 7 of the Bankruptcy Code on November 9, 203 5. That case was closed without a discharge on March 7, 2016 for Plaintiff's failure to file Official Form 423. On April 10, 2017, Plaintiff moved to reopen her bankruptcy case in order to file a complaint against Navient Solutions LLC ("Navient") seeking to discharge her student loan pursuant to 11 U.S.C. § 523(a)(8). That motion was granted on April 20, 2017. Plaintiff was granted a discharge on that date and the instant adversary proceeding was initiated. Navient filed its proof of claim in the amount of $68,702.01 shortly thereafter. On May 5, 2017, Great Lakes Higher Education Guaranty Corporation, the assigned holder of the student loan, assigned the loan to Educational Credit Management Corporation ("Defendant"), which has intervened in this adversary as the proper defendant.

Trial was held on May 7 and May 8, 2018 on Plaintiff's complaint. Oral closing argument was heard, and the parties subsequently filed joint proposed findings of fact including all facts upon which the parties agreed and individual findings of fact and conclusions of law.

For the reasons stated below, it is found and held that Plaintiff is not entitled to a discharge of her student loan pursuant to 11 U.S.C. § 523(a)(8) and the Seventh Circuit authority interpreting that provision of the Bankruptcy Code.

The Court now makes and enters the following Findings of Fact and Conclusions of Law.

FINDINGS OF FACT

I. Plaintiff's Loans and Repayment History

Plaintiff is an Illinois resident who was born in 1967 and is currently 51-years old. In the fall of 1985, Debtor enrolled as a freshman at the University of Wisconsin.

*699In August of 1990, Plaintiff graduated with a Bachelor's Degree in Communications from the University of Wisconsin. During her time there, Plaintiff received 13 separate student loans, consisting of nine Stafford Subsidized loans, two Federal Supplemental Loans for Students, and two Perkins Loans. Plaintiff's loans totaled $20,896.00 and accrued interest at rates between five and eight percent. At no point did Plaintiff take out any private student loans.

The required repayment period of Plaintiff's loans began on February 15, 1991. From 1991 to 1997, Plaintiff made some payments on her loans, but record of payments made during that period no longer exist. At times during this period, the loans were put in forbearance and Plaintiff was excused from making payments. Plaintiff defaulted on the two Perkins loans on March 2, 1992. In April of 1997, Plaintiff applied to SallieMae, the then loan servicer, to consolidate all of her student loans into one. To be eligible for such a program, Plaintiff had to make three voluntary, consecutive, and timely loan payments.

On June 17, 1997, Plaintiff's application for consolidation of her loans was approved. The consolidated principal of the loan balance at that time was $30,051.83 at an interest rate of eight percent. Plaintiff was to make payments over 20 years with periodic increases in the monthly amount. The initial payments were set at $208.71. From July 1997 through 2015, Plaintiff made the following payments on the consolidated student loan:

*700Dates: Payments: Reason: July 1997-June 1999 $0 forbearance August 1999-August 13 payments of $233.38 August 2000-August $0 forbearance September 2001-March 2004 29 payments of $252.87 (2 payments short by $4.83) April 2004-May 2004 $0 June 2004 1 payment of $255 July 2004-January $0 forbearance March 2005-September 2008 44 payments, ranging between $111.94 and $685.92; average payment of $360 October 2008-November 2008 $0 December 2008 1 payment of $400 January 2009 1 payment of $373.90 February 2009-May 2009 $0 deferment March 2009 1 payment of $30 June 2009-July 2009 $0 August 2009-November 2009 $0 deferment November 2009-May 2010 $0 forbearance March 2010 1 payment of $48.20 June 2010-November 2010 $0 possible deferment December 2010 $0 January 2011-June 2011 $0 forbearance July 2011-September 2011 $0 October 2011-August 2013 $0 forbearance September 2013-December 2013 $0 January 2014-February 2014 $0 forbearance March 2015-October 2015 6 payments; average payment amount is $116

Covering the period of July 31, 1997 through July 1999, Debtor applied for and received forbearance from the payments due on her student loan. No payments were made during this period. Interest continued to accrue and was capitalized to the loan balance. As of July 14, 1998, the balance owed on the loan was $32,377.67. As of January 25, 1999, the balance owed on the loan was $35,675.45. From August 1999 through August 2000, Debtor made 13 consecutive monthly loan payments of $233.38 each. From August 27, 2000 through August 2001, Debtor applied for and received forbearance from payments due on her student loan. From September 2001 through March 2004, Debtor made 29 loan payments of $252.87 each (except that two of the payments were short by $4.83). In June of 2004, Debtor made one payment of $255. There is no record of forbearance or payment for the months of April and May, 2004. On July 25, 2004, Debtor applied for and received forbearance from payments through January 2005. From March 2005 through September 2008, Debtor made 44 payments on her loan, ranging between $111.94 and $685.92, with an average payment of $360.

In November of 2008, Debtor's then employer, LandAmerica, ceased operating and filed for bankruptcy. LandAmerica's senior managers were charged with operating a Ponzi scheme. No charges were *701ever brought against Plaintiff, and she was in no way implicated in this wrongdoing. Due to her unemployment, Debtor submitted a request to SallieMae for an Unemployment Deferment on November 30, 2008. While that request was pending, Plaintiff made two payments on her loan, a $400 payment on December 2, 2008 and a $373.90 payment on January 5, 2009. As of January 5, 2009, Plaintiff had paid $28,346.76 on the consolidated student loan since June 17, 1997.

On January 23, 2009, Plaintiff inquired of SallieMae on the status of her request for Unemployment Deferment. SallieMae responded that Plaintiff needed to submit additional documentation supporting the request. On February 1, 2009, Plaintiff's request for Unemployment Deferment was approved through May 2009. During this period, Plaintiff made one payment of $30. Interest continued to accrue during the deferment period. On June 12, 2009, SallieMae informed Plaintiff that her loan balance had reached $37,610.19. By October 12, 2009, the loan balance had reached $38,541.05.

In 2010, Plaintiff remained unemployed apart from two months of contract employment with Nielsen, during which she earned $8,232.

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Related

Tuttle v. Educ. Credit Mgmt. Corp. (In re Tuttle)
600 B.R. 783 (E.D. Wisconsin, 2019)
Ray v. Educ. Credit Mgmt. Corp. (In re Ray)
591 B.R. 834 (W.D. Wisconsin, 2018)

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Bluebook (online)
587 B.R. 695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bukovics-v-navient-in-re-bukovics-ilnb-2018.