Long v. Educational Credit Management Corp. (In Re Long)

271 B.R. 322, 2002 Bankr. LEXIS 13, 38 Bankr. Ct. Dec. (CRR) 240, 2002 WL 24357
CourtUnited States Bankruptcy Appellate Panel for the Eighth Circuit
DecidedJanuary 10, 2002
DocketBAP 01-6042MN
StatusPublished
Cited by15 cases

This text of 271 B.R. 322 (Long v. Educational Credit Management Corp. (In Re Long)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Appellate Panel for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Long v. Educational Credit Management Corp. (In Re Long), 271 B.R. 322, 2002 Bankr. LEXIS 13, 38 Bankr. Ct. Dec. (CRR) 240, 2002 WL 24357 (bap8 2002).

Opinions

WILLIAM A. HILL, Judge.

Educational Credit Management Corporation appeals from a bankruptcy court1 order declaring the student loan debt owed it by Nanci A. Long dischargeable under 11 U.S.C. § 523(a)(8). For the reasons set forth below, we affirm.

FACTUAL BACKGROUND

Nanci A. Long is a 39-year-old single woman with a 10-year-old daughter. In 1987, she graduated from chiropractic school at Northwestern College of Chiropractic and became a licensed Doctor of Chiropractic. She paid for her chiropractic school tuition partially through student loans, including one currently held by Educational Credit Management Corporation (“ECMC”).

After graduation from chiropractic school, Long opened a practice, Four Seasons Chiropractic, with a fellow classmate. The practice was unsuccessful and only lasted seven months. After the failure of the practice, Long went to work at Kari Clinic, where she had interned during chiropractic school. She worked at Kari Clinic three years, during which she bought a house. In 1990, she and another Kari Clinic employee left to open their own new practice, The Back, Joint and Health Clinic. The new clinic was successful from 1990 to 1993. Long adopted her daughter in January 1993.

In early 1993, Long began to have “flu-like” symptoms, such as headaches and fatigue. She continued to work, but also began to suffer depression, anxiety, obsessive thoughts, and compulsive behavior. She had to take breaks during the day, was uncomfortable touching her patients, and began to forget her chiropractic training. She was unable to work for increasing amounts of time, canceling appointments and occasionally missing work altogether. Although her condition deteriorated over a period of approximately two years, Long did not seek medical help.

In 1995, Long decided she could no longer continue her practice. She found another chiropractor to take over the remains of her business, and transferred it to him without compensation.

After leaving her practice, she sold her house because her financial situation had become strained. She moved in with a friend and lived with the friend from September until December 1996. During the time Long lived with her friend, she attempted suicide. In December 1996, she moved into her parents’ house.

Long went to see a doctor for the first time in January 1997. She went to a general practitioner, Dr. Stephen Voss, and told him that she had been having trouble sleeping. Dr. Voss gave Long medication and referred her to a psychologist, Dr. Jeffrey Penwarden. Dr. Penwar-den started therapy with Long. Long also was still seeing Dr. Voss, who prescribed different combinations of medications in an effort to help Long. Dr. Voss ultimately referred Long to a psychiatrist, Dr. Ann Waldron, who similarly prescribed various medications for Long. Long met with these doctors for approximately a year. Eventually, a medication regimen was developed that allowed Long to regain the ability to function marginally.

[326]*326In the fall of 1998, Long enrolled at Metropolitan State University because, she testified, “I knew that I wasn’t going to be able to practice again.” She chose Metropolitan State to pursue a degree in human services and a minor in social gerontology because of its affordability and because it offered home-study classes. Long is interested in a career in hospice counseling.

To keep her chiropractic license valid, Long was required to attend continuing education classes. Long failed to keep her continuing education credits current, and her chiropractic license lapsed at the end of 1999. She testified that she chose to attend Metropolitan State rather than continuing her chiropractic education because the continuing education classes were significantly more expensive and because she had lost too much of her memory to return to chiropractic practice.

On May 31, 2000, Long filed a voluntary petition under Chapter 7 of the Bankruptcy Code. She commenced an adversary proceeding against ECMC and the United States Department of Health and Human Services (“DHHS”), seeking to discharge her student loan debts.

At the trial on the matter, Long testified that she works approximately 32 hours per week as a laboratory manager at Anoka Ramsey Community College. She earns $12.59 per hour, or approximately $1,150.00 per month and $14,000.00 per year. She only works during the school year. She also testified that she had recently applied for alternative employment that would provide her experience in the human services field.

She lives with her daughter in her parents’ basement, paying them between $500.00 and $600.00 per month to cover rent, utilities, car payment, car insurance, health insurance, cellular telephone, child care for her daughter, and most of the food for her and her daughter. The monthly expenses that she pays herself include: approximately $50.00 for medical insurance co-payments, personal items, and toiletries; $100.00-$275.00 for gasoline; approximately $100.00 for dining out, groceries, and entertainment; and $80.00 for her daughter’s private school tuition. Long also pays for courses she takes at Metropolitan State University and Cambridge Community College. Her college tuition varies in price ($500.00 to $800.00) depending on the course.

Long testified that her present symptoms include severe memory loss, fatigue, depression, panic attacks, headaches, and weight gain. She is currently taking several prescription medications and sees Dr. Voss approximately once per month. None of Long’s doctors nor any other doctor testified at trial, and no documentary evidence describing the nature or extent of her condition was introduced into evidence. However, neither of the defendants offered any testimony or other evidence to rebut Long’s testimony.

At the time of trial, Long owed ECMC approximately $61,800.00. This amount includes principal, interest, and collection costs on consolidated student loans. Long’s obligation to ECMC originated with a disbursement of a $35,322.81 Sallie Mae consolidation loan to Long on December 11,1987. When Long defaulted on her student loan obligations, the loan was transferred to Great Lakes Higher Education Corporation. After Long filed her bankruptcy petition, the loan was assigned to ECMC.

During school, Long also obtained through DHHS three loans guaranteed by the Health Education Assistance Loan (“HEAL”) Program. The bankruptcy court determined this debt in the approximate amount of $14,700.00 was nondis-chargeable.

[327]*327Daniel Fisher, an associate attorney for ECMC, testified that the Department of Education has a program called the William D. Ford Loan Consolidation program (“the program”). The program offers debtors three options for repayment of loans consolidated through the program. Eligibility for the program is determined by whether a debtor’s loans are among the loans enumerated as eligible in the regulations. One of the repayment options is the Income Contingent Repayment Plan (“ICRP”), through which a debtor makes payments on the loans according to his or her income. The payment amount is determined annually based on the debtor’s income. Fisher testified that each of the loans comprising Long’s indebtedness to ECMC would have qualified for the program, and that based on her $14,000.00 annual income, she would have had monthly loan payments of $54.00 under the ICRP that would cover her payments to both ECMC and DHHS.

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Bluebook (online)
271 B.R. 322, 2002 Bankr. LEXIS 13, 38 Bankr. Ct. Dec. (CRR) 240, 2002 WL 24357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-v-educational-credit-management-corp-in-re-long-bap8-2002.