ECMC v. Acosta-Conniff (In re Acosta-Conniff)

686 F. App'x 647
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 19, 2017
DocketNo. 16-12884
StatusPublished
Cited by5 cases

This text of 686 F. App'x 647 (ECMC v. Acosta-Conniff (In re Acosta-Conniff)) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit 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 (In re Acosta-Conniff), 686 F. App'x 647 (11th Cir. 2017).

Opinion

PER CURIAM:

Appellant Alexandra Elizabeth Acosta Conniff (“Conniff’) recently emerged from Chapter 7 bankruptcy and was granted a discharge on her outstanding debts. Because the Bankruptcy Code does not, as a general matter, permit student loans to be discharged via bankruptcy, see 11 U.S.C. § 523(a)(8), Conniff s student debt totaling $112,000 was excluded from this discharge. There is, however, a narrow exception to this exclusion for a debtor who can show that repayment of her student debt would cause “undue hardship.” Id.

Conniff argued that she would suffer undue hardship if required to repay the balance of her student debt. Following briefing and a trial, the bankruptcy court concluded that Conniff met her burden of demonstrating undue hardship, and it granted her a complete discharge of her student debt. Conniff s student-loan creditor, Educational Credit Management Corp. (“ECMC”), appealed this decision to the district court, which concluded that Con-niff had failed to show undue hardship and accordingly reversed the bankruptcy court’s order finding the student debt was dischargeable. Conniff appeals the district court’s reversal.

After careful consideration of the record before us, and with the benefit of oral argument, we VACATE the district court’s judgment and REMAND for further consideration consistent with this opinion.

STANDARD OF REVIEW

This Court reviews a district court’s legal conclusions de novo. See In re Fin. Federated Title & Trust, Inc., 309 F.3d 1325, 1328-29 (11th Cir. 2002) (citing Capital Factors, Inc. v. Empire for Him, Inc. (In re Empire for Him, Inc.), 1 F.3d 1156, 1159 (11th Cir. 1993)). Whether a district court has applied the correct standard of reyiew to a bankruptcy court’s decision is a legal question that this Court also reviews de novo. See, e.g., Rush v. JLJ Inc. (In re JLJ Inc.), 988 F.2d 1112, 1116-17 (11th Cir. 1993).

DISCUSSION

An individual debtor' like Conniff may not discharge her student loans through bankruptcy unless she can show that repayment would cause her “undue hardship.” 11 U.S.C. § 523(a)(8). The term “undue hardship” is not defined in the Bankruptcy Code. To guide courts’ analysis, this circuit has adopted the test set out in Brunner v. New York State Higher Educ. Servs. Corp., 831 F.2d 395 (2d Cir. 1987) (the “Brunner test”). See Hemar Ins. Corp. v. Cox (In re Cox), 338 F.3d 1238, 1241-42 (11th Cir. 2003). Under the Brunner test, a debtor is entitled to discharge of her student debts if she proves all of the following:

(1) That the debtor cannot maintain, based on current income and living expenses, a “minimal” standard of living for herself and her dependents if forced to repay the loans;
(2) That additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and
(3) That the debtor has made good faith efforts to repay the loans.

Brunner, 831 F.2d at 396.

This three-prong test looks at three different time periods. The first prong focus[649]*649es on the present ability of the debtor to repay the debt. The second prong looks to the future to determine the unlikelihood that the debtor could become able to repay the loan. The third prong looks to the debtor’s past conduct to determine whether her actions in the past have manifested a good faith effort to repay that which she owes. The debtor bears the burden of proving each prong of the Brunner test by a preponderance of the evidence, Educ. Credit Mgmt. Corp. v. Mosley (In re Mosley), 494 F.3d 1320, 1324 (11th Cir. 2007).

Following a trial, the bankruptcy court concluded that Conniff met her burden under all three prongs of the Brunner test and thus was entitled to discharge. The legal standard applicable to the second prong, which looks to the likelihood that the debtor will continue to be unable to repay the loans, is whether “there is a ‘certainty of hopelessness’ that the debtor will be able to repay the loans within the repayment period.” Mosley, 494 F.3d 1320. Addressing this second prong, the district court disagreed with the bankruptcy court’s conclusion that Conniff had met her burden under this prong of the Brunner test, and it reversed on that basis. Because Conniff had to prove all three prongs of the test, the district court indicated that Conniff s failure to meet her burden oh the second prong meant that it was unnecessary for the court to decide whether she had met the first or third prong.

Conniff argues on appeal that instead of reviewing the bankruptcy court’s ruling under a clearly erroneous standard, the district court actually applied a de novo standard, substituting its own judgment of the facts for the bankruptcy court’s. On appeal from a bankruptcy-court order, a district court reviews findings of fact for clear error and conclusions of law de novo. See In re Fin. Federated Title & Trust, Inc., 309 F.3d 1325, 1328-29 (11th Cir. 2002). Because application of the Brunner test involves mixed questions of fact and law, In re Mosley, 494 F.3d at 1324, it is important that a reviewing court identify the standard of review it is applying in considering the various factual findings and legal conclusions reached by the bankruptcy court.

A bankruptcy court’s findings as to each of the three prongs of the Brunner test are factual findings that should be reviewed by the district court for clear error; not under a de novo standard of review. Cf. In re Mosley, 494 F.3d at 1326-27 (indicating that the evidence at trial supported the bankruptcy court’s finding that the debtor would be highly unlikely to become able to repay his student loans and that he had made good faith efforts to obtain work to enable him to repay those loans). By contrast, a bankruptcy court’s interpretation of any legal question pertinent to its fact finding, including whether or not a debtor is entitled to discharge based on its findings as to the three Brun-ner prongs, is a legal conclusion subject to de novo review. See Hedlund v. Educ. Res. Inst. Inc., 718 F.3d 848, 849, 854 n. 10 (9th Cir. 2013) (“In a § 523(a)(8) proceeding, the bankruptcy court’s good faith finding” under the third prong of the

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Bluebook (online)
686 F. App'x 647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ecmc-v-acosta-conniff-in-re-acosta-conniff-ca11-2017.