Flickinger-Luther v. ECMC (In re Flickinger-Luther)

462 B.R. 157
CourtUnited States Bankruptcy Court, W.D. Pennsylvania
DecidedJanuary 4, 2012
DocketBankruptcy No. 10-28663-JAD; Adversary No. 11-2187JAD
StatusPublished
Cited by5 cases

This text of 462 B.R. 157 (Flickinger-Luther v. ECMC (In re Flickinger-Luther)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Flickinger-Luther v. ECMC (In re Flickinger-Luther), 462 B.R. 157 (Pa. 2012).

Opinion

MEMORANDUM OPINION

JEFFERY A. DELLER, Bankruptcy Judge.

The matter before the Court is an amended complaint to determine dis-chargeability of student loan debt filed by Ann L. Flickinger-Luther (the “Debtor”). The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334. The matter is a core matter pursuant to 28 U.S.C. § 157(b)(2)(A),(I) and (0). This Memorandum Opinion constitutes the Court’s findings of fact and conclusions of law pursuant to Fed. R. Bankr.P. 7052. For the reasons set forth below, judgment will be entered in favor of defendant ECMC and against the Debtor, and the Debtor’s student loan debt will be deemed non-dischargeable pursuant to 11 U.S.C. § 523(a)(8).

I.

The facts of this case are generally not in dispute. The majority of the student loan debt in question was incurred while the Debtor attended various post-secondary programs from 1986 through 1994.1 As a result of her endeavors during this period, the Debtor obtained an associates degree in apparel technology from Clarissa School of Fashion Design and a bachelor’s degree in studio arts from the University of Pittsburgh. (See Audio Recording of Hearing Held in Courtroom D, October 26, 2011, (11:07-11:09 AM)).

[160]*160Following her degree programs, the Debtor incurred additional student loan debt while attending certain computer courses at the Westmoreland County Community College. (See id. at (11:25-11:26 AM)). The Debtor ultimately consolidated her educational loan debt into two separate loans on November 28, 2004. (See Doc. #20, “Exhibit D1”)- Both prior to and following the 2004 consolidation, the Debt- or fairly consistently made payments on her student loan obligations in varying amounts.2 (See Doc. #21, “Exhibit 2”).

Once completing her education, the Debtor was fairly consistently employed in a variety of jobs which compensated her at rates ranging from $7.50 to $22.00 per hour. (See Joint Stipulated Facts, submitted at hearing held October 26, 2011, ¶ 40). The Debtor testified that in her most recent position she earned a salary between thirty and thirty-two thousand dollars per year. (See Audio Recording of Hearing Held in Courtroom D, October 26, 2011, (11:10-11:11 AM)). In 2009, the Debtor’s position at her most recent job was terminated and the Debtor began receiving unemployment compensation in November of that year. (Doc. # 20, “Exhibit D4”). The Debtor subsequently filed her petition for relief under chapter 7 of the Bankruptcy Code on December 7, 2010. The Debtor then timely initiated the instant adversary proceeding on March 2, 2011. The parties stipulate that at the time of filing, the principal balance of the Debtor’s student loans was approximately $67,645.03. (See Joint Stipulated Facts, ¶ 5).

At the time the Debtor filed her petition she was collecting unemployment compensation in the amount of $1,871.00 per month. (See Doc. # 21, “Exhibit 7”, Schedule I). The Debtor testified that since that time her income has decreased dramatically because her unemployment compensation ceased on or around August of 2011. (See Audio Recording of Hearing Held in Courtroom D, October 26, 2011, (11:11-11:12 AM)). The Debtor also testified that at the time of the hearing her monthly income was zero and that she was dependant on her elderly parents for support. (See id. at (11:20-11:21 AM)). The Debtor also submitted evidence that she has applied for several jobs but has yet to find employment. (See Doc. # 21, “Exhibit 9”, “Exhibit 10”).

This Court conducted a trial on the dis-chargeability action on October 26, 2011. (Doc. # 26). The only witness at the trial was the Debtor, who the Court found to be both candid and credible. Following the trial, the Court took the matter under advisement.

II.

Section 528(a)(8) of the Bankruptcy Code does not permit an individual debtor to be discharged from any debt for educational loans “unless excepting such debt from discharge ... would impose an undue hardship on the debtor and the debtor’s dependents.” 11 U.S.C. § 523(a)(8).

The United States Court of Appeals for the Third Circuit has adopted the test for “undue hardship” outlined in Brunner v. New York Higher Education Services Corp., 831 F.2d 395 (2d Cir.1987). Pennsylvania Higher Education Assistance Agency v. Faish, 72 F.3d 298, 306 (3d Cir.1995) cert. denied, 518 U.S. 1009, 116 S.Ct. 2532, 135 L.Ed.2d 1055 (1996).

Under the Brunner test, student loan debt is not dischargeable unless the debtor can establish that: “(1) based on [161]*161current income and expenses, debtor cannot maintain a minimal standard of living for herself and her dependents if she has to repay the loan; (2) additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the loan repayment period; and (3) debtor has made a good faith effort to repay the loan.” Shilling v. Sallie Mae Servicing Corp. (In re Shilling), 333 B.R. 716, 721 (Bankr.W.D.Pa.2005) (citing Faish, 72 F.3d at 304-05). The Debtor bears the burden of proof with regard to each prong of this test by a preponderance of the evidence. Brightful v. Pa. Higher Educ. Assistance Agency (In re Brightful), 267 F.3d 324, 327 (3d Cir.2001) (citing Faish, 72 F.3d at 306; Grogan v. Garner, 498 U.S. 279, 291, 111 S.Ct. 654, 112 L.Ed.2d 755 (1991)).

Each of the three prongs must be satisfied individually before a discharge of the obligation can be granted. Faish, 72 F.3d at 306. Thus, if any one prong is not satisfied, that will end the Court’s inquiry without the entry of a discharge. Id. The Third Circuit has instructed that while considering each prong the Court may not consider any extraneous factors outside of the Brunner framework, including equitable concerns. Id. (citing Norwest Bank Worthington v. Ahlers, 485 U.S. 197, 206, 108 S.Ct. 963, 969, 99 L.Ed.2d 169 (1988)). This Court will consider each prong of the Brunner test seriatim.

A.

The first prong of the Brunner test requires the Debtor to demonstrate that she could not afford to “maintain a minimal standard of living” if forced to repay her student loans. Id. This prong requires “more than a showing of tight finances” and will not be satisfied if the debtor could pay the loan by engaging in some “short-term, belt tightening....” Id.

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462 B.R. 157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flickinger-luther-v-ecmc-in-re-flickinger-luther-pawb-2012.