Halatek v. William D. Ford Fed. Direct Loan (Direct Loan) Program (In re Halatek)

592 B.R. 86
CourtUnited States Bankruptcy Court, E.D. North Carolina
DecidedSeptember 28, 2018
DocketCASE NO. 16-03464-5-DMW; ADVERSARY PROCEEDING NO. 16-000150-5-DMW
StatusPublished
Cited by1 cases

This text of 592 B.R. 86 (Halatek v. William D. Ford Fed. Direct Loan (Direct Loan) Program (In re Halatek)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, E.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Halatek v. William D. Ford Fed. Direct Loan (Direct Loan) Program (In re Halatek), 592 B.R. 86 (N.C. 2018).

Opinion

David M. Warren, United States Bankruptcy Judge

This matter comes before the court upon the Department of Education's Motion for Summary Judgment ("Summary Judgment Motion") filed by the United States of America ("Defendant"), on behalf of the United States Department of Education and the William D. Ford Federal Direct Loan Program, on November 8, 2017 and the Response thereto filed by Julie Faenza Halatek ("Plaintiff") on February 8, 2018. The court conducted a hearing on April 24, 2018 in Raleigh, North Carolina. C. Michael Anderson, Esq. appeared for the Defendant, and Douglas Q. Wickham, Esq. appeared for the Plaintiff. At the conclusion of the hearing, the court took the matter under advisement. After consideration of the undisputed facts presented by the parties in their pleadings, memoranda, and affidavits and of the arguments of counsel, the court grants summary judgment in favor of the Defendant pursuant to Rule 56 of the Federal Rules of Civil Procedure, incorporated by Rule 7056 of the Federal Rules of Bankruptcy Procedure, for the reasons set forth herein.

*89I. PROCEDURAL BACKGROUND

The Plaintiff filed a voluntary petition for relief under Chapter 7 of the United States Bankruptcy Code1 on July 1, 2016 and received a discharge pursuant to § 727 on September 28, 2016. On September 23, 2016, the Plaintiff initiated this adversary proceeding by filing timely a Complaint for § 523(a)(8) Undue Hardship Discharge of Education Loans ("Complaint") against the Defendant and Navient Private Loan Trust ("Joint Defendant"). In the Complaint, the Plaintiff prays the court to determine that certain debts for educational loans should not be excepted from her discharge pursuant to § 523(a)(8), because the nondischargeability of these loans imposes on her an undue hardship.

On October 27, 2016, the Plaintiff and the Joint Defendant filed a Stipulation for Discharge of Educational Loan Debt between Plaintiff and Navient Solutions, Inc. and for Dismissal of Navient Private Loan Trust as a Defendant in this Adversary Proceeding ("Stipulation"). In the Stipulation, these parties agreed to a discharge of the Plaintiff's indebtedness to the Joint Defendant as represented by a promissory note executed by the Plaintiff to obtain an educational loan which was disbursed on April 15, 2011. The court approved the Stipulation and dismissed the Joint Defendant from this adversary proceeding pursuant to an Order Approving Stipulation for Discharge of Educational Loan Debt between Plaintiff and Navient Solutions, Inc. and Dismissing Navient Private Loan Trust as a Defendant in this Adversary Proceeding entered on November 23, 2016.

On December 5, 2016, the Defendant filed the Department of Education's Answer, denying that the Plaintiff's indebtedness to the Defendant is dischargeable. After completion of discovery, the Defendant filed the Summary Judgment Motion, asserting that no genuine dispute exists as to any material fact, and the Defendant is entitled to judgment as a matter of law.

II. JURISDICTION

This matter is a core proceeding pursuant to 28 U.S.C. § 157(b)(2) which the court has the authority to hear and determine pursuant to 28 U.S.C. § 157(b)(1). See Kelly v. U.S. Dep't. of Educ. (In re Kelly) , 548 B.R. 99, 101 (Bankr. E.D.N.C. 2016) (finding that action to determine dischargeability of educational loans is a core proceeding within the meaning of 28 U.S.C. § 157(b)(2)(I) ). The court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 157(a) and 1334 and the General Order of Reference entered on August 3, 1984 by the United States District Court for the Eastern District of North Carolina.

III. SUMMARY JUDGMENT STANDARD

Rule 56 provides that "[t]he court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). When ruling upon a motion for summary judgment, "the court must consider whether a reasonable jury could find in favor of the non-moving party, taking all inferences to be drawn from the underlying facts in the light most favorable to the non-movant ...." Humboldt Express, Inc. v. The Wise Co., Inc. (In re Apex Express Corp.) , 190 F.3d 624, 633 (4th Cir. 1999) (citations omitted). Summary judgment is proper "if the *90pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, ... 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." Bouchat v. Balt. Ravens Football Club, Inc., 346 F.3d 514, 519 (4th Cir. 2003) (quoting Fed. R. Civ. P. 56(c) (1963) (amended 2010) ).

IV. FACTUAL BACKGROUND

In addition to the admitted factual allegations contained in the pleadings, the parties provided the court with a plethora of facts and information obtained in the discovery process. The court summarizes below the undisputed facts relevant to its consideration of the Summary Judgment Motion.

A. Plaintiff's Medical Conditions

The Plaintiff, who is approximately 37 years old, is afflicted primarily with two chronic medical conditions: Hypermobile Ehlers-Danlos Syndrome ("hEDS") and narcolepsy. hEDS is a genetic condition which the Plaintiff has carried her entire life.

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Bluebook (online)
592 B.R. 86, Counsel Stack Legal Research, https://law.counselstack.com/opinion/halatek-v-william-d-ford-fed-direct-loan-direct-loan-program-in-re-nceb-2018.