Johnson v. Department of Education (In re Johnson)

543 B.R. 601
CourtUnited States Bankruptcy Court, W.D. Missouri
DecidedDecember 18, 2015
DocketCase No. 15-20113-drd7; Adversary No. 15-02004-drd
StatusPublished
Cited by5 cases

This text of 543 B.R. 601 (Johnson v. Department of Education (In re Johnson)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, W.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Department of Education (In re Johnson), 543 B.R. 601 (Mo. 2015).

Opinion

MEMORANDUM OPINION

THE HONORABLE DENNIS R. DOW, UNITED STATES BANKRUPTCY JUDGE

Kenneth S. Johnson, Jr. and Debra L. Johnson (collectively, the “Debtors”, appearing pro se) filed a complaint seeking a determination that their student loan debt (“Student Loans”) owed to the Department of Education, Navient Solutions, Inc. (“Navient”) and Educational Credit Management Corporation (“ECMC”) (collec[604]*604tively, the “Defendants”) is dischargeable pursuant to 11 U.S.C. § 523(a)(8) on the ground that -repayment of such debt would impose an undue hardship upon them. The Defendants deny this allegation. This is a core proceeding under 28 U.S.C. § 157(b)(2)(I) over which the Court has jurisdiction pursuant to 28 U.S.C. §§ 1334(b), 157(a) and 157(b)(1). The following constitutes my Findings of Fact and Conclusions of Law in accordance with Rule 52 of the Federal Rules of Civil Procedure as made applicable to this proceeding by Rule 7052 of the Federal Rules of Bankruptcy Procedure. For the reasons that follow, the Court finds that the Debtors have failed to satisfy their burden of showing that their debts to the Defendants should be discharged.

I. FACTUAL BACKGROUND

Kenneth Johnson is a 56 year-old father and grandfather, and Debra Johnson is a 53 year-old mother and grandmother.. For the past 17 years, the Johnsons raised their grandson and granddaughter. Currently, their 18 year-old grandson has yet to graduate high school and remains a dependent in their home, Mr. Johnson works part-time at Schreiber Foods, a local market, while Mrs. Johnson works full-time as-an Outpatient Accounts Coordinator at Compass Community Behavioral Health, Inc.

Between 1985 and 2011, the Debtors received multiple guaranteed student loans from the Defendants to fund their education at Liberty University. Neither Debtor obtained a degree. Mrs. Johnson testified that the reason for not graduating was that they “ran out of available funds.”

Mr. Johnson currently has six student loans with the Department of Education and' four student loans with ECMC. Mrs. Johnson currently has-two student loans with the Department of Education.1

In August of 2014, Mr. Johnson applied for and received a financial hardship deferment of student loans from the Department of Education totaling $23,878 in principal and interest. In October of 2014, he applied for and received a financial hardship deferment of the ECMC loans totaling $8,501 in principal and interest. The following month, Mrs. Johnson consolidated her loans totaling $76, 816 in principal and interest, and received a financial hardship deferment as well. The Debtors filed for bankruptcy under Chapter 7 on February 11, 2015, and this adversary proceeding followed.

The Certificate of Indebtedness prepared by the Department of Education indicates that as of March 18, 2015, Mr. Johnson was indebted to it in the principal amount of $22,865.02, with unpaid accrued interest of $1,144.91. Mrs. Johnson was indebted to the Department of Education in the principal amount of $74,003.63 with unpaid accrued interest of $3,2251.64. Neither Mr. Johnson nor Mrs. Johnson has made a single payment on their loans. In their answers to interrogatories,’ the Debtors state that the total amount of student loan debt is $109,195.

II. DISCUSSION

A, Undue Hardship

Under § 523(a)(8), certain student loans are nondischargeable unless repayment of the loan would impose an undue hardship on the debtors or their dependents. The burden of establishing undue hardship is on the debtor, and a prepon[605]*605derance of the evidence standard is applicable. Ford v. Student Loan Guarantee Foundation of Arkansas (In re Ford), 269 B.R. 673, 675 (8th Cir. BAP 2001). The burden is often described as “rigorous.” See, e.g., In re Nielsen, 473 B.R. 755, 759 (8th Cir. BAP 2012), aff'd 502 Fed.Appx. 634 (8th Cir.2013) (citations omitted).

The Bankruptcy. Code contains no definition of the phrase “undue hardship” and interpretation of the concept has been left to the courts. In this Circuit, the applicable standard is the “totality of the circumstances” test. Long v. Educ. Credit Mgmt. Corp. (In re Long), 322 F.3d 549, 554 (8th Cir.2003); see also, Fahrer v. Sallie Mae Servicing Corp. (In re Fahrer), 308 B.R. 27, 32 (Bankr.W.D.Mo.2004). In applying this approach, the courts are to consider: (1) the debtor’s past, current and reasonably reliable future financial resources; (2) the reasonable and necessary living expenses of .the debtor and the debt- or’s dependents; and (3) other relevant facts and circumstances unique to the particular case. Long, 322 F.3d at 544. The principal inquiry is to determine whether “the debtor’s reasonable future financial resources will sufficiently cover payment of the student loan debt — while still allowing for a minimal standard of living;” if so, the indebtedness should not be discharged. Long, 322 F.3d at 554. See also In re Andresen, 232 B.R. 127, 139 (8th Cir. BAP 1999)(the court must determine “whether there would be anything left from the debtor’s estimated future income to enable the debtor to make some payment on her student loan without reducing what the debtor and her dependents need to maintain a minimal standard of living”). A minimal standard of living requires that the debtor have sufficient financial resources to satisfy needs for food, shelter, clothing and medical treatment. In re Nielsen, 473 B.R. at 760.

The “totality of- the • circumstances” is obviously a very broad - test, giving the Court considerable flexibility. As a result, courts in the Eighth Circuit have looked to a number of facts and circumstances to assist them in' making-this determination including: (1) total present and future incapacity to pay debts for reasons not within the control of the debtor; (2) whether the debtor has made a good faith effort to negotiate a deferment or forbearance of-payment;* (3) whether the hardship will be long-term;' (4) whether the debtor has made payments on the student loan; (5) whether the debtor has .a permanent or* long-term disability; (6) the ability of the debtor to obtain gainful employment in the area of study; (7) whether the debtor has made a good faith effort to maximize income and minimize expenses; (8) whether the dominant purpose of the bankruptcy petition was to discharge the student loan; and (9) the ratio of student loan debt.to total indebtedness. Vermaas v. Student Loans of North Dakota (In re Vermaas), 302 B.R.

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Bluebook (online)
543 B.R. 601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-department-of-education-in-re-johnson-mowb-2015.