ECMC v. Acosta-Conniff

550 B.R. 557, 2016 U.S. Dist. LEXIS 57879, 2016 WL 1737742
CourtDistrict Court, M.D. Alabama
DecidedMay 2, 2016
DocketCASE NO. 2:15-CV-220-WKW
StatusPublished
Cited by1 cases

This text of 550 B.R. 557 (ECMC v. Acosta-Conniff) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
ECMC v. Acosta-Conniff, 550 B.R. 557, 2016 U.S. Dist. LEXIS 57879, 2016 WL 1737742 (M.D. Ala. 2016).

Opinion

MEMORANDUM OPINION AND ORDER

W. Keith Watkins, CHIEF UNITED STATES DISTRICT JUDGE

The bankruptcy court determined that repayment of Appellee Alexandra Elizabeth Acosta-Conniffs (“Conniff”) student loan debt would result in undue hardship under 11 U.S.C. § 523(a)(8), and it discharged the $112,00 debt. Appellant ECMC appeals the bankruptcy court’s decision. It asserts that the bankruptcy court erred in finding that Conniff satisfied the Eleventh Circuit’s three-part test governing the determination of undue hardship. See Hemar Ins. Corp. of Am. v. Cox (In re Cox), 338 F.3d 1238, 1243 (11th Cir.2003) (per curiam) (holding that the three-part test established in Brunner v. New York State Higher Education Services Corp., 831 F.2d 395, 396 (2d Cir.1987) (per cu-riam), “is the appropriate test for determining ‘undue hardship’ ”). Ultimately this appeal resolves on a single element of that test: Conniff has failed to prove that “ ‘additional circumstances exist indicating that [her] state of affairs is likely to persist for a significant portion of the repayment period of the student loans,’ ” as required under BrunneYs second element. Id. at 1241 (quoting Brunner, 831 F.2d at 396). Accordingly, the decision of the bankruptcy court is due to be reversed with instructions for the bankruptcy court to enter judgment in favor of ECMC.

I. JURISDICTION AND VENUE

This court has jurisdiction to review the Order of the bankruptcy court under 28 U.S.C. § 158(a)(1), which provides district courts with jurisdiction over appeals “from final judgments, orders, and decrees ... of bankruptcy judges entered in cases and proceedings referred to the bankruptcy judges under section 157 of this title.” Venue is proper because an appeal “shall be taken only to the district court for the judicial district in which the bankruptcy judge is serving.” Id. § 158(a).

II. BACKGROUND

A. Procedural History

Conniff filed a Chapter 7 bankruptcy petition on June 13, 2012. (Doc. # 1-3, at 1.) On January 31, 2013, the court granted a discharge in her bankruptcy case pursuant to 11 U.S.C. § 727. She filed an adversary proceeding on March 21, 2013, seeking the discharge of her student loan debt owed to ECMC, a specialized student loan guarantor under the Federal Family Education Loan Program. (Doc. # 1-3, at 1-2.) The bankruptcy court held a bench trial on January -26, 2015, and issued a written opinion on April 8, 2015. It determined that excepting Conniff s student loan debt from discharge would cause her undue hardship; therefore, the bankruptcy court discharged her debt pursuant to 11 U.S.C. § 523(a)(8). (Doc. # 1-3, at 1,14.)

B. The Bankruptcy Court’s Decision1

The following facts include those found by the bankruptcy court expressly in its [560]*560oral and written pronouncements and implicitly through its adoption of Ms. Con-niffs trial testimony. (See Doc. # 2-11, at 77 (The bankruptcy court’s oral pronouncement at trial that Conniff has been “forthright and credible” and that it “accepts her testimony”); Doc. # 1-3, at 4 (The bankruptcy court’s written decision that “Conniffs testimony was forthright and credible”).) ECMC, for the most part, has not challenged the bankruptcy court’s findings of facts, but instead argues that the findings of fact do not support the bankruptcy court’s conclusions of law.

At the time of trial, Conniff was a forty-four-year-old single mother of two healthy sons, who were fourteen and sixteen years old. (Doc. 1-3, at 2; Doc. # 2-11, at 13, 33.) The bankruptcy court found that Conniff owes ECMC approximately $112,000 as a result of educational loans. (Doc. # 1-3, at 2.) These loans have enabled Conniff to earn four degrees from Auburn University: (1) a bachelor of science in chemistry in 1993; (2) a master’s degree in learning disabilities in 1997; (3) a master’s degree in educational leadership in 2007; and (4) a Ph.D. in special education in 2007. (Doc. # 2-11, at 12, 40-41.)

Conniff has been a teacher since 1997. Presently, she is a full-time public school teacher in Eufaula, Alabama. Having worked for the Eufaula City Board of Education since 2003, Ms. Conniff has earned tenure. For the majority of her career, Ms. Conniff has been a special education teacher; however, her health problems, which she describes as adult-onset Type II diabetes and morbid obesity, recently prompted her to seek a lateral transfer from a special education teacher to a secondary science teacher, where the work is less physical. (Doc. # 2-11, at 9,12-13,19.)

Conniffs educational degrees place her at “the top of the pay scale” for her position within her school district. (Doc. # 2-11, at 19.) Conniff is unsatisfied with her job to the extent that she says it “does not pay that well” even with the advanced educational degrees. (Doc. #2-11, at 19.) She does not expect to receive significant pay increases in the future; however, she earns annual salary increases when approved by the State of Alabama and also is eligible for step increases in pay every three years. (Doc. #2-11, at 26, 34-35.)

Conniff reported her monthly income and expenses on Schedules I and J, and the bankruptcy court relied principally upon those schedules, as supplemented by the trial evidence, to determine Conniffs disposable income. Conniff earns a monthly net salary of approximately $2,9502 and receives approximately $500 a month in child support. Additionally, on a monthly basis,’ she incurs around $3,487 in expenses. Conniffs Schedules I and J reveal a monthly shortfall of $33.3 (Doc. # 1-3, at 11 n.5.) The bankruptcy court determined that Conniffs monthly payment on her $112,000 debt to ECMC would be $915 for fifteen years.4 (Doc. # 1-3, at 2.)

After earning her Ph.D. in 2007, Conniff has applied in her school district for high[561]*561er-paying positions, most recently in 2012, but so far without success. These positions include assistant principal, principal, special education coordinator, federal programs coordinator, and superintendent. (Doc. # 2-11, at 18-19, 40.)i5Conniff has not applied for jobs outside of her school system. She maintains that she could lose her seniority and tenure if she obtained employment in another school district. Con-niff also has support from family and friends in Eufaula and, for that additional reason, does not feel it is in her best financial interest to leave the area. (Doc. # 2-11, at 18-19; Doc. # 1-3; at 3.)

Conniff has been, able to earn additional income through extra jobs, including providing language translations for the board of education and working as an adjunct professor in Montgomery, Alabama.

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Cite This Page — Counsel Stack

Bluebook (online)
550 B.R. 557, 2016 U.S. Dist. LEXIS 57879, 2016 WL 1737742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ecmc-v-acosta-conniff-almd-2016.