Feyes v. Spring Arbor College (In re Feyes)

228 B.R. 887
CourtUnited States Bankruptcy Court, N.D. Ohio
DecidedSeptember 23, 1998
DocketBankruptcy No. 98-3060; Related No. 97-34360
StatusPublished

This text of 228 B.R. 887 (Feyes v. Spring Arbor College (In re Feyes)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Feyes v. Spring Arbor College (In re Feyes), 228 B.R. 887 (Ohio 1998).

Opinion

MEMORANDUM OPINION AND DECISION

RICHARD L. SPEER, Chief Judge.

This cause comes before the Court upon the parties’ respective Motions for Summary Judgment and Replies. This Court has reviewed the arguments of counsel, exhibits, and the entire record of the case. Based upon that review, and for the following reasons, the Court finds that Plaintiffs debt to Defendant is Dischargeable.

FACTS

Along with its Motion for Summary Judgment, the Plaintiff has provided the Affidavit of Nancy VandeKieft, who was employed as “Administrative Assistant, Admissions— Adult Services” at Defendant, Spring Arbor College, (hereafter “Spring Arbor”). The following facts which follow are taken from this affidavit.

Spring Arbor is a four year liberal arts college with its main campus located in Spring Arbor, Michigan. Plaintiff, Michael Feyes, enrolled and began classes at Spring Arbor on May 23, 1994. Pursuant to Spring Arbor’s enrollment process, Mr. Feyes attended an orientation-like “convocation” meeting on the first night of class. At the meeting, Mr. Feyes completed a document entitled “Payment Plan Worksheet.” This worksheet detailed the charges and estimated assistance for Mr. Feyes’ first two semesters. These charges total Four Thousand Eight Hundred Eighty-nine Dollars ($4,889.00) for the first semester, and Four Thousand Two Hundred Ninety-one Dollars ($4,291.00) for the second. The worksheet also contains boxes wherein Mr. Feyes was to choose either a monthly payment plan, or a semester payment plan. Mr. Feyes checked neither. The worksheet also contained the following language at the bottom, “I understand that I am responsible for all tuition, books, and fees not covered by financial assistance.” Mr. Feyes signed and dated the worksheet in the provided spaces.

Mr. Feyes subsequently withdrew from classes in the spring semester of 1994. He then enrolled and participated in classes in the fall semester of 1994. Mr. Feyes again enrolled in classes in the fall semester of 1995. Consequently, Mr. Feyes was charged for the tuition and related expenses for that semester, totaling Four Thousand Three Hundred Seventy-five Dollars ($4,375.00). It is these fees which remain unpaid and are at issue in this ease. As Ms. VandeKieft continues to explain in her affidavit:

Spring Arbor College does not require full payment before enrollment or commencement of classes where the Payment Plan Worksheet is previously signed, as in Mr. Feyes’s case. Often times, the full extent of financial aid available and payable from other sources is not known and/or paid until later, and Spring Arbor extends credit to students to permit enrollment and participation in classes pending payment from other sources, when available, or from the student’s own resources. This was the situation for Mr. Feyes with respect to expenses incurred for the semesters prior to Fall 1995.

Mr. Feyes brought the present adversary proceeding seeking a determination of the dischargeability of the Fall 1995 fees under § 523(a)(8) of the Bankruptcy Code.

STATUTE

The Bankruptcy Code, Title 11 of the United States Code, provides in pertinent part: 11 U.S.C. § 523. Exceptions to Discharge

(a) A discharge under section 727, 1141, 1228[a] 1228(b), or 1328(b) of this section does not discharge an individual debtor from any debt—
(8) for 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 a nonprofit institution, or for an obligation to repay funds received as an educational benefit, scholarship, or stipend, unless—
(A) such loan, benefit, scholarship, or stipend overpayment first came due before more than 7 years (exclusive of any applicable suspension of the re[889]*889payment period) before the date of the filing of the petition; or
(B) excepting such debt from discharge under this paragraph will impose undue hardship on the debtor and the debtor’s dependents.

DISCUSSION

Determinations as to the dischargeability of particular debts are core proceedings pursuant to 28 U.S.C. § 157. Thus, this case is a core proceeding.

This cause comes before the Court upon the parties’ respective Motions for Summary Judgment and Replies. A movant will prevail on a Motion for Summary Judgment if, “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Celotex Corp. v. Catrett, 477 U.S. 817, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986), Fed.R.Civ.P. 56(c), Fed. R.Bankr.P. 7056. In order to prevail, the movant must demonstrate all elements of the cause of action. R.E. Cruise, Inc. v. Bruggeman, 508 F.2d 415, 416 (6th Cir.1975). Thereafter, the opposing party must set forth specific facts showing there is a genuine issue for trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986). Inferences drawn from the underlying facts must be viewed in a light most favorable to the party opposing the motion. Matsushita v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). See also In re Bell, 181 B.R. 311 (Bankr.N.D.Ohio 1995).

As, Defendant contends, In re Merchant, 958 F.2d 738 (6th Cir.1992) is the controlling law in this case. In Merchant, the issue before the Court was whether credit extensions in favor of the debtor as evidenced by promissory notes payable to a university were beyond the scope of “loan” as the term is used in § 523(a)(8) of the Bankruptcy Code. The Court explained and held:

The term “loan” is not defined in the Bankruptcy Code; therefore, the court must infer that Congress intended for the term “loan” to be construed in the accordance with its established meaning. NLRB v. Amax Coal Co., 453 U.S. 322, 329, 101 S.Ct. 2789, 2793, 69 L.Ed.2d 672 (1981). While this Circuit has not defined the term “loan” other circuits have adopted the following definition:
[A] contract whereby, in substance one party transfers to the other party a sum of money which that other agrees to repay absolutely, together with such additional sums as may be agreed upon for its use. If such be the intent of the parties, the transaction will be considered a loan without regard to its form.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
228 B.R. 887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feyes-v-spring-arbor-college-in-re-feyes-ohnb-1998.