Kinney v. Nat'l Collegiate Master Student Loan Trust I (In re Kinney)

593 B.R. 618
CourtUnited States Bankruptcy Court, N.D. Iowa
DecidedDecember 5, 2018
DocketBankruptcy No. 16-00950; Adversary No. 16-09051
StatusPublished
Cited by2 cases

This text of 593 B.R. 618 (Kinney v. Nat'l Collegiate Master Student Loan Trust I (In re Kinney)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kinney v. Nat'l Collegiate Master Student Loan Trust I (In re Kinney), 593 B.R. 618 (Iowa 2018).

Opinion

THAD J. COLLINS, CHIEF BANKRUPTCY JUDGE

This matter came before the Court for trial on August 31, 2018. Steve Klesner appeared for Debtor Anthony Kinney ("Debtor"). Damian Richard appeared Pro Hac Vice along with Lance Lange as local counsel for creditor National Collegiate Master Student Loan Trust I ("Defendant"). This is a core proceeding under 28 U.S.C. § 157(b)(2)(I).

STATEMENT OF THE CASE

Debtor cosigned on three student loans for his niece in 2006. Defendant now holds two of those loans. One loan has an outstanding balance of over $9,000. The other loan has a balance of over $19,000. Debtor is employed as a factory worker in the plastics industry. He has a monthly take-home pay of approximately $2,200. Debtor's monthly expenses are approximately $1,700, but he currently lives with his Aunt and Uncle. When Debtor is no longer able to live with his relatives his monthly expenses will increase to approximately $2,400.

Debtor argues that the student loans held by Defendant are not excepted from discharge under 11 U.S.C. § 523(a)(8) because he is a cosigner not the principal on the loans. Alternatively, Debtor argues that the debt should be discharged under the "undue hardship" exception of that Code section. The Court need not rule on Debtor's first argument because the undue hardship ruling is dispositive. The Court finds that under the "totality of the circumstances" test, both loans held by Defendant would impose an undue hardship and are therefore dischargeable.

STATEMENT OF THE FACTS

Debtor is 52 years old. He currently lives in Des Moines, Iowa. He is single and has several adult children but no dependents. Debtor is employed as a factory worker with Midland Plastics Inc. He works full-time and makes approximately $37,000 per year.

Debtor graduated from high school in 1984. He joined the Army as a combat engineer. After receiving an honorable discharge, Debtor found that the skills he learned in the Army did not directly translate into a civilian career. Debtor worked a variety of jobs until he settled into the plastics industry. Since beginning in the plastics industry in the 1990's Debtor has remained steadily employed. He has received *621modest pay increases over the course of his career. Debtor never pursued additional education or training beyond his high school degree.

Debtor currently lives with his Aunt and Uncle in Des Moines. He moved in with his Aunt and Uncle over a year ago to save on living expenses while he was going through bankruptcy. Debtor pays approximately $210 a month in rent plus an additional $100-200 in household expenses. Debtor testified that his Aunt and Uncle, who are both retired and advanced in age, will not be able or willing to provide him housing long-term. Debtor anticipates that he will need to find his own housing within the next year or two. At that time his rent and utilities will likely increase to approximately $800 to $900 per month. Debtor has no significant non-exempt assets. His only savings consist of a 401(k) account with a little over $3,000 in it.

In 2006 Debtor's niece, Nicole Kinney, applied for several student loans including the two now held by Defendant. To qualify for the student loans, Nicole needed a cosigner. Nicole approached Debtor and asked him to cosign on her student loans. Debtor testified that he knew that none of Nicole's other relatives could qualify as cosigners and he felt obligated to guarantee the debt. Debtor cosigned on three loans, two of which are currently held by Defendant and are at issue in this adversary. The first loan had an original balance of $5,000 plus a $586.59 fee at a 12.724% interest rate. The second loan had an original balance of $10,000 plus a fee of $1,173.18 at a 12.688% interest rate. The parties do not dispute that these loans were for educational purposes.

Nicole made some payments on the loans but eventually defaulted. Nicole filed for bankruptcy in May 2016. According to the proof of claim filed by Defendant in this bankruptcy, the balance on the first loan as of 2016 was $9,093.70. The balance on the second loan was $19,263.60. Debtor has never made a payment on these loans.

CONCLUSIONS OF LAW AND ANALYSIS

Debtor makes two arguments in favor of a discharge. He argues that the exception to discharge for student loan debt under 11 U.S.C. § 523(a)(8) does not apply to cosigners. Debtor also argues for discharge asserting that continuing liability on the debt would impose an "undue hardship" even if § 523(a)(8) applied.

I. Applicability of 11 U.S.C. § 523(a)(8) to Cosigners

Debtor first argues that 11 U.S.C. § 523(a)(8) does not prohibit cosigners from discharging liability on student loan debt. Debtor cites two cases from this Court in support of his contention. Nw. Univ. Student Loan Office v. Behr (In re Behr), 80 B.R. 124 (Bankr. N.D. Iowa 1987) ; Zobel v. Iowa Coll. Aid Comm'n (In re Zobel), 80 B.R. 950 (Bankr. N.D. Iowa 1986). Behr and Zobel followed the reasoning laid out in Boylen v. First Nat'l Bank of Akron (In re Boylen), 29 B.R. 924 (Bankr. N.D. Ohio 1983) and Washington v. Virginia State Educ. Assistance Auth. (In re Washington), 41 B.R. 211 (Bankr. E.D. Va. 1984), two leading cases on the issue of cosigner discharge at the time. These cases all held that the exception to discharge for student loans under 11 U.S.C. § 523(a)(8) did not apply to non-student cosigners.

Defendant argues that Behr and Zobel have never been adopted by the Eighth Circuit and they now represent a minority position. See Christopher Soper & Benjamin Nicolet, Statutory Interpretation Merry-Go-Round: Student Loan Cosigner Discharge Then, Now and Later, 35-Aug. Am. Bankr. Inst. J. 22 (2016).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
593 B.R. 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kinney-v-natl-collegiate-master-student-loan-trust-i-in-re-kinney-ianb-2018.