In re Martin

505 B.R. 517, 2014 WL 585308, 2014 Bankr. LEXIS 615
CourtUnited States Bankruptcy Court, S.D. Iowa
DecidedFebruary 14, 2014
DocketNo. 13-01872-als7
StatusPublished
Cited by3 cases

This text of 505 B.R. 517 (In re Martin) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, S.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Martin, 505 B.R. 517, 2014 WL 585308, 2014 Bankr. LEXIS 615 (Iowa 2014).

Opinion

MEMORANDUM OF DECISION

ANITA L. SHODEEN, Bankruptcy Judge.

COURSE OF PROCEEDINGS

The United States Trustee’s contested Motion to Dismiss the Debtors’ chapter 7 filing pursuant to 11 U.S.C. sections 707(b)(2) and (3) is before the Court. At a preliminary telephonic hearing, James L. Snyder, Assistant U.S. Trustee appeared and Bradford L. Davis represented Patrick Martin and Patricia MeSorley-Martin (the “Debtors”). The Court has jurisdiction of this proceeding pursuant to 28 U.S.C. sections 157(b)(1) and 1334. The following findings of fact and conclusions [519]*519of law are entered by the Court pursuant to Federal Rules of Bankruptcy Procedure 7052 and 9014. For the reasons set forth herein, the Debtors’ objection is overruled.

FACTS

The following facts have been established by the filings or stipulated to by the parties:

1. The Debtors filed a voluntary petition under Chapter 7 of the Bankruptcy Code on June 28, 2018.
2. A timely Motion to Dismiss the case was filed by the United States Trustee (“UST”) on August 23, 2013.
3. An amended Chapter 7 Statement of Current Monthly Income and Means Test Calculation (“Amended Form B22A”) was filed by the Debtors on September 10, 2013.
4. Line 13 of the Amended . Form B22A reflects annualized current monthly income in the amount of $150,698.52.1
5. At Line 44 of the Amended Form B22A, the Debtors include a monthly payment on priority claims in the amount of $4,116.80.2
6. Part VII, Additional Expense Claims, of both the initial Form B22A and the Amended Form B22A are blank.
7. The Debtors’ selected the presumption does not arise option on the Amended B22A Form.
8. The Debtors electronic signatures made under penalty of perjury appear on the Verification Section of Part VIII of the Amended Form B22A.
9.Line 17 of Current Expenditures of Individual Debtor(s) (“Schedule J”) includes a deduction for monthly student loan payments in the amount of $575.00.3
10. The Debtors’ electronic signatures appear on the Declaration Concerning Debtor’s Schedules.
11. The Debtors’ Schedule E — Creditors Holding Unsecured Priority Claims — reflects student loan obligations in the total amount of $247,008.
12. Removal of the student loan obligation from Line 44 of the Amended B22A Form will result in a presumption of abuse.

DISCUSSION

In their objection and brief, the Debtors assert two arguments. First, that their student loan debt is properly characterized as a priority obligation for purposes of calculating whether a presumption of abuse arises under the Means Test Calculation (Form B22A). Second, that their student loan debt qualifies as a special circumstance under 11 U.S.C. section 707(b)(2)(B) due to the substantial amount of the obligation and the fact that it is a non-dischargeable debt.

The Bankruptcy Code specifically addresses the priority of various types of debts at 11 U.S.C. section 507(a). “[Ujnsecured claims of governmental units” is identified as an obligation that is entitled to priority payment. 11 U.S.C. [520]*520§ 507(a)(8) (2013). The statutory language goes on to clearly limit such priority treatment to claims that arise from taxes, duties or penalties. Debtors’ Schedule E includes two student loan obligations: one owing to MOHELA/Dept. of Ed in the amount of $219,874 and the other to Sallie Mae in the amount of $27,134.

In analyzing provisions of the Bankruptcy Code, “courts must presume that a legislature says in a statute what it means and means in a statute what it says there.” Conn. Nat’l Bank v. Germain, 503 U.S. 249, 253-54, 112 S.Ct. 1146, 117 L.Ed.2d 391 (1992). The United States Supreme court has dictated that “statutory interpretation is a holistic endeavor which must begin with the language of the statute itself. Resort to an examination of legislative history is appropriate only to resolve statutory ambiguity, and in the final analysis, such examination must not produce a result demonstratively at odds with the purpose of the legislation.” In re Sorrell, 359 B.R. 167 (Bankr.S.D.Ohio 2007) (citing Taylor v. Freeland & Kronz, 503 U.S. 638, 112 S.Ct. 1644, 118 L.Ed.2d 280 (1992); Pa. Dept. of Public Welfare v. Davenport, 495 U.S. 552, 110 S.Ct. 2126, 109 L.Ed.2d 588 (1990); Kelly v. Robinson, 479 U.S. 36, 107 S.Ct. 353, 93 L.Ed.2d 216 (1986)).

According to the basic principles of statutory construction, the Debtors’ argument that the student loan debts are entitled to priority treatment on Form B22A is not persuasive. Student loans are not included in those identified as a priority debt by the statute, and the majority of courts conclude that student loans are not priority claims that can be favored over other unsecured creditors. See McDonald v. Sperna (In re Sperna), 173 B.R. 654 (9th Cir. BAP 1994); In re Mason, 456 B.R. 245, 250 (Bankr.N.D.W.Va.2011); In re Eitemiller, 149 B.R. 626, 628-30 (Bankr.D.Idaho 1993); In re Sutton, No. 10-10539-8-RDD, 2012 WL 433480, at *3 (Bankr.E.D.N.C. Feb. 9, 2012). The amount of $4,116.80 on the Debtors’ Amended B22A Form is not properly included on Line 44 for purposes of the Means Test calculation. According to the stipulation filed with the Court, the parties agree that this outcome results in a presumption of abuse in this case.

If the student loan obligation is not included as a priority debt for purposes of the Means Test, the Debtors contend that their required payments on the student loan debts constitute special circumstances. Absent from the Bankruptcy Code is a definition of the term “special circumstances.” The statute identifies two specific conditions that demonstrate special circumstances: a serious medical condition and active duty in the Armed Forces. 11 U.S.C. § 707(b)(2)(B)® (2013). Most courts have not restricted a finding of special circumstances to only those examples described in the statute.

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Cite This Page — Counsel Stack

Bluebook (online)
505 B.R. 517, 2014 WL 585308, 2014 Bankr. LEXIS 615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-martin-iasb-2014.