Jones v. Education Credit Management Corp., ACS Education Services, Inc. (In re Jones)

495 B.R. 674, 2013 WL 1882252, 2013 Bankr. LEXIS 1835
CourtUnited States Bankruptcy Court, E.D. Pennsylvania
DecidedMay 3, 2013
DocketBankruptcy No. 10-15347ELF; Adversary No. 10-0334
StatusPublished
Cited by3 cases

This text of 495 B.R. 674 (Jones v. Education Credit Management Corp., ACS Education Services, Inc. (In re Jones)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Education Credit Management Corp., ACS Education Services, Inc. (In re Jones), 495 B.R. 674, 2013 WL 1882252, 2013 Bankr. LEXIS 1835 (Pa. 2013).

Opinion

OPINION

ERIC L. FRANK, Chief Judge.

I. INTRODUCTION

In this adversary proceeding, Plaintiff Monique Evette Jones (“the Debtor”) seeks a discharge of her student loan obligations under 11 U.S.C. § 528(a)(8). Section 523(a)(8) provides that student loans are not dischargeable “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).

It is settled law in this Circuit that a debtor seeking to discharge his or her student loans must prove that:

(1) based on current income and expenses, the debtor cannot maintain a “minimal” standard of living for himself or herself and his or her dependents if forced to repay the loans;
(2) additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period for the student loans; and
(3) the debtor has made a good faith effort to repay the loans.

In re Faish, 72 F.3d 298, 304-05 (3d Cir. 1995) (quoting Brunner v. New York Higher Educ. Servs. Corp., 831 F.2d 395, 396 (2d Cir.1987)). Courts in this circuit, as well as in other circuits that have adopted this legal standard, regularly refer to it as “the Brunner test.”

As several courts have observed, § 523(a)(8) imposes a “heightened standard for the discharge of student loans,” one that imposes a “heavy burden” on the debtor. See, e.g., In re Traversa, 2010 WL 1541443, at *10 n. 19 (Bankr.D.Conn. Apr. 15, 2010) (citation omitted). After carefully reviewing the record, I find that the Debtor has met her burden of establishing undue hardship under 11 U.S.C. § 523(a)(8).

II. PROCEDURAL HISTORY

The Debtor filed a petition under chapter 7 of the Bankruptcy Code on June 30, 2010. On August 10, 2010, the Debtor initiated this adversary proceeding by filing a complaint seeking the discharge of her education loan obligation. (Doc. # 1). On September 8, 2010, Defendant Educational Credit Management Corporation (“ECMC”) filed an answer to the complaint.1 (Doc. # 3).

[679]*679On February 13, 2011, the Debtor filed a Motion to Amend Complaint in order to include the second student loan in the instant action, since both matters presented the same substantive issues. (Doc. # 19). With the consent of all parties, the court granted the Debtor’s Motion to Amend on March 16, 2011. (Doc. # 23). On March 22, 2011, The Debtor filed an Amended Complaint naming ACS Education Services (“ACS”) as a co-defendant. ECMC filed an Answer to the Amended Complaint on March 28, 2011 and ACS filed its Answer on April 12, 2011.2 (Doc. #’s 29, 31).

Trial of this proceeding was held and concluded on November 1, 2011. At the conclusion of the trial, the parties were offered the opportunity to file post-trial memoranda in support of their respective positions, but all parties declined to do so. On March 4, 2013, after concluding that the record was inadequate with respect to the payment terms of the subject student loans, I directed the parties to supplement the record. (See Doc. #42). On March 28 and 29, 2013, the Debtor filed joint stipulations with each defendant in accordance with my order. (See Doc. #’s 44 & 45).3

III. FINDINGS OF FACT

Based on the evidence presented at trial, I make the following findings of fact, as of the date of trial, November 1, 2011.

A. The Debtor’s Family and Background

1. The Debtor is a 45 year old single woman with no serious medical problems.

2. The Debtor has two (2) daughters, Khaliah S. Moody and Kierah Fowler. (Joint Pre-Trial Stmt. ¶1).

3. Khaliah, is twenty-three (23) years old and does not live with the Debt- or.

[680]*6804. Kierah is sixteen (16) years old and lives with the Debtor. (Hr’g at 9:24).4

5. Kierah was diagnosed with Attention Deficit Hyperactivity Disorder (“ADHD”) when she was approximately 8 years old.5 (Id.).

6. Although Kierah’s condition is severe enough that she has qualified for SSI disability benefits, the record is equivocal regarding the ongoing severity and prospects of improvement in her condition.6

B. The Debtor’s Education and Work History

7. The Debtor attended South Philadelphia High School until the eleventh grade. She never graduated or received a high school diploma. (Joint Pre-Trial Stmt. ¶ 13).

8. Since 2002, the Debtor has been employed by the Philadelphia School District (“PSD”) as a part-time lunchroom aid. (Id. ¶ 15).

9.The Debtor works only part-time so that she can care for Kierah. She works five (5) hours per day from 8:00 am until 1:00 pm with an unpaid break for lunch during the school year months of September through June. (Ex. P-7; Hr’g at 9:24; 9:32).

10. Prior to her employment with PSD, the Debtor was unemployed. (Ex. ECMC-1)

11. The Debtor is working toward obtaining a High School Equivalency Diploma through a General Educational Development program (“GED”). (Hr’g at 9:37).

12. At the time of trial, she was enrolled in two (2) courses: English III and Algebra II. (Ex. P-8). Each course is one (1) credit and upon completion of her current enrollment, she will have eight (8) credits toward her GED. It is possible it will take her at least (4) years to attain the requisite twenty [681]*681(23) credits to receive her GED. (Hr’g. at 9:37,10:32).

13. The Debtor attends her GED courses in the evening. She brings Kierah with her because Kierah cannot be home alone. While the Debtor attends class, Kierah waits in another classroom where she is supervised and typically watches television. (Hr’g at 10:16).

C. The Student Loans

1. The First Loan

14. On August 21, 2006, the Debtor cosigned a student loan with her daughter Khaliah at Citizen’s Bank (“the First Loan”). (Hr’g at 10:37).

15. At the time, Khaliah was attending Widener University. (Hr’g at 10:40).7

16. The Debtor believed that the First Loan would enable Khaliah to obtain a “better life” because it would assist her in paying for a college education. (Id.).

17. The original principal balance was $14,586.52. (See Stip. ¶2, Doc. #44).

18. Under the repayment terms of the First Loan, the Debtor has a monthly payment of $216.22 with an interest rate of .05060% on the unpaid balance. (Id.

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495 B.R. 674, 2013 WL 1882252, 2013 Bankr. LEXIS 1835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-education-credit-management-corp-acs-education-services-inc-paeb-2013.