Halperin v. Regional Adjustment Bureau, Inc.

206 F.3d 1063, 2000 U.S. App. LEXIS 3975, 2000 WL 279285
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 15, 2000
Docket98-5917
StatusPublished
Cited by8 cases

This text of 206 F.3d 1063 (Halperin v. Regional Adjustment Bureau, Inc.) 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
Halperin v. Regional Adjustment Bureau, Inc., 206 F.3d 1063, 2000 U.S. App. LEXIS 3975, 2000 WL 279285 (11th Cir. 2000).

Opinion

BIRCH, Circuit Judge:

The United States Department of Education (“Education”), United Student Aid Funds, Inc. (“USAF”) and Regional Adjustment Bureau, Inc. (“RAB”) (collectively, the “Creditors”) appeal the district court’s order rejecting the report and recommendation of the magistrate judge, denying their motions for summary judgment, and granting Ronny J. Halperin’s (“Halperin’s”) motion for summary judgment. The district court issued a declara *1065 tory order concluding that under section 488A of the Higher Education Act, codified at 20 U.S.C. § 1095a (“§ 1095a”), multiple holders of defaulted student loans are subject to a cumulative garnishment limit of ten percent of the debtor’s disposable pay and imposing an injunction against the Creditors, requiring that they discontinue garnishing an aggregate amount totaling more than ten percent of Halperin’s disposable pay. The Creditors argue that the ten percent limit under § 1095a applies to the single garnishment by an individual note holder and the cumulative garnishment limit of twenty-five percent per debt- or established by the Consumer Credit Protection Act (CCPA), 15 U.S.C. § 1673, provides the maximum aggregate remedy available to multiple note holders seeking multiple garnishments. Thus, they contend that each holder of a defaulted student loan should be allowed to garnish up to ten percent of the debtor’s disposable pay under § 1095a(a), so long as the total garnishment by all note holders does not exceed the CCPA’s twenty-five percent limit. Additionally, Education argues that, under 20 U.S.C. § 1082(a)(2), the district court did not have jurisdiction to enter injunctive relief against Education. 1 We REVERSE the district court’s order, VACATE the injunction against the Creditors, and REMAND for entry of judgment in favor of the Creditors.

I. BACKGROUND

The facts in this case are undisputed. We provide only a brief review of the factual and procedural history.

Halperin is an attorney who financed his legal education with seven loans obtained under the Federal Family Education Loan Program (“FFELP”). He also cosigned a loan to finance his son’s education. Despite earning $145,000 annually, he has defaulted on each of these loans, four of which are currently held by Education and four by USAF. As of October 20, 1997, the unpaid loans totaled $56,250.52. 2 RAB is the collection agent for USAF.

During 1996, Education issued an Administrative Garnishment Order to Halpe-rin’s employer to withhold $200 from Halperin’s bi-weekly paycheck. Later that year, RAB, acting on behalf of USAF, issued an Administrative Garnishment Order for Halperin’s employer to withhold an additional ten percent from the Halperin’s bi-weekly paycheck. As a result of both Garnishment Orders, 16.83% of Halperin’s bi-weekly pay or 14.83% of Halperin’s total disposable pay for 1996 was withheld. 3

Halperin sued the Creditors, claiming that their garnishments exceeded the amount permitted by § 1095a. The Creditors countered by arguing that the 10% limit found in § 1095a applies only to individual' note holders and that 15 U.S.C. § 1673 sets the limit for multiple wage garnishments at 25%. The parties stipulated to the facts and moved for summary judgment as to the construction of § 1095a. The magistrate judge recommended that Halperin’s motion be denied. However, the district court rejected this recommendation and held that § 1095a restricted the garnishment of wages for defaulted student loans to 10% of the debt- or’s disposable wages and, accordingly, enjoined the Creditors from garnishing, on a combined basis, more than 10% of the Halperin’s disposable wages. The Creditors appeal this order. 4

*1066 II. DISCUSSION

In 1991, Congress amended the Higher Education Act to authorize the Secretary of Education (the “Secretary”) or guaranty agencies to collect a defaulted student loan by administrative garnishment of up to 10% of the defaulter’s disposable pay. See Higher Education Technical Amendments of 1991, Pub.L. 102-26; 137 Cong. Rec. S7291-02, S7369; 20 U.S.C. § 1095a. 5 The purpose of this amendment was threefold: (1) it “provide[d] uniform authority under which the Secretary and guaranty agencies could garnish the pay of student loan defaulters,” 137 Cong. Rec. S7291-02, S7369, (2) “it eliminate[d] the unnecessary and unduly costly incentive in current law ... that permitted] guaranty agencies to retain an additional five percent of collections,” id., and (3) it increased the efficiency of collecting defaulted student loans because “it is not cost-effective for the Department of Justice (DOJ) to pursue defaulted loans in small dollar amounts through the judicial process,” id. Moreover, the additional monies collected on defaulted student loans as a result of the administrative garnishments were allocated by Congress to provide funding for the extension of unemployment benefits. See 137 Cong. Rec. S16826-02, S16832-33 (Senator Kassebaum discussing legislation extending unemployment benefits and noting “that another way we are funding the extension is to make a number of changes in the Federal Student Aid Program.”). At issue in this case is the question of whether, through § 1095a, Congress intended to limit the amount garnished from a defaulting debtor’s disposable pay to 10% for each individual note holder or cumulatively for all holders of a debtor’s defaulted student loans. This is a question of statutory interpretation which we review de novo. See United States v. Veal, 153 F.3d 1233, 1245 (11th Cir.1998), cert. denied, 526 U.S. 1147, 119 S.Ct. 2024, 143 L.Ed.2d 1035 (1999).

A. Plain Language of the Statute

“The starting point for all statutory interpretation is the language of the statute itself.” United States v. DBB, Inc., 180 F.3d 1277, 1281 (11th Cir.1999) (interpreting 18 U.S.C. § 1345(a)(2) and finding the plain language of the statute ambiguous). The district court emphasized that Congress used the plural word “loans” to describe the instruments the Secretary was authorized to collect by garnishing the debtor’s disposable pay and found that “the use of the plural in the opening sentence implies that the ten percent limit applies to all loans.” See R3-128 at 4-5 (quoting 20 U.S.C.

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206 F.3d 1063, 2000 U.S. App. LEXIS 3975, 2000 WL 279285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/halperin-v-regional-adjustment-bureau-inc-ca11-2000.