Martin v. U.S. Department of Education (In re Young)

563 B.R. 540
CourtUnited States Bankruptcy Court, W.D. Arkansas
DecidedAugust 3, 2016
DocketNo. 5:15-bk-71143; 5:15-ap-7091
StatusPublished
Cited by2 cases

This text of 563 B.R. 540 (Martin v. U.S. Department of Education (In re Young)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, W.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martin v. U.S. Department of Education (In re Young), 563 B.R. 540 (Ark. 2016).

Opinion

ORDER AND OPINION

Ben Barry, United States Bankruptcy Judge

The debtors, Gretchen and Martin Young, filed their chapter 7 case on April 28, 2015. They received a discharge on August 4, 2015. On September 4, 2015, the debtors filed this adversary proceeding against the United States Department of Education [DOE], seeking a determination that their student loans are discharged pursuant to 11 U.S.C. § 523(a)(8). The Court held a trial on June 23, 2016. Forrest L. Stolzer appeared on behalf of the debtors. Deborah J. Groom appeared for DOE. At the conclusion of the trial, the Court took the matter under advisement. For the reasons stated below, the Court finds that the debtors’ student loans are nondischargeable.

Background1

Gretchen and Martin Young were married in 2003. Gretchen, now thirty-six, re[543]*543ceived a bachelor’s degree in mathematics in 2006 and a master’s degree in teaching in the fall of 2007, both from the University of Arkansas at Fayetteville. To fund her education, Gretchen obtained multiple student loans that were subsequently consolidated and currently total $99,042.13.2 After Gretchen completed her degrees, the debtors continued to reside in Fayetteville. Martin worked at Superior Nissan as a mechanic and supported the couple while Gretchen applied for available math teacher positions in Northwest Arkansas. Gretchen estimates that she sent out approximately 20 resumes in 2008 but received no calls as a result. In March 2008, the debtors’ first child was born. In both 2009 and 2010, Gretchen expanded her job search from Northwest Arkansas to the entire state, sending resumes to each district regardless of whether the district had an available position. Her efforts in 2009 and 2010 resulted' in one interview and no job offers. Gretchen testified that she made some payments on her student loans after graduating with her master’s degree but stopped paying on the loans in 2010 because the “extra” money for the payments was not available.3 She recalls that her student loan payments totaled approximately $500 per month. Martin incurred $21,359.03 in student loan debt when he attended the University of Monticello in 2003 and 2004 to pursue a criminal justice degree.4 He opted not to finish the program because he believed that he would make less money in law enforcement than he could earn as a mechanic. Martin does not remember making any payments on his student loans but it appears that he or Gretchen paid approximately $1644.53 on his loans before discontinuing his student loan payments along with hers. Gretchen estimates that Martin’s monthly payment was around $100 per month. Once the debtors stopped paying their loans, they never resumed. The debtors did not inquire about obtaining deferrals or participating in income based repayment plans. Both debtors are currently in default on their student loan obligations.

In 2011, both Gretchen and Martin found teaching jobs in Dumas, a town less than an hour away from Martin’s family in Monticello. Martin taught an automotive class making $31,700 per year with benefits and Gretchen taught high school students how to successfully interview for jobs after graduation. Gretchen’s class covered topics such as resume writing, interviewing skills, and dressing appropriately for interviews. Gretchen earned $31,000 per year with benefits. Both Gretchen and Martin remained in their positions with the Dumas school district in 2012. In 2013, the debtors quit their jobs in Dumas and [544]*544moved to Elkins, near Gretchen’s family. The debtors left Dumas because they felt that their child, who would later be diagnosed with Asberger’s Syndrome and Attention Deficit Hyperactivity Disorder, had been treated improperly at his preschool and they believed that he would receive more appropriate treatment and a better education in Northwest Arkansas.

Once in Northwest Arkansas, the debtors borrowed $33,500 from Gretchen’s grandfather’s trust to buy an 880-square-foot home in Elkins that needs an estimated $50,000 in repairs. The debtors currently owe $28,000 to the trust and their monthly mortgage payment is $300. Occasionally, Gretchen cleans rent houses owned by the trust in lieu of making the mortgage payment. In 2013, Gretchen applied for teaching positions in the area, receiving one interview but no job offers. Upon the birth of the debtors’ second child in 2014, Gretchen discontinued her attempts to find a job because she felt that the cost of childcare would offset her earnings. After the debtors moved back to Northwest Arkansas, Martin returned to his job at Superior Nissan in Fayetteville.

The amended Schedule I filed by the debtors on June 21, 2016, indicates that Martin grosses $41,500 per year. After deductions to his check-including his contribution to a 401(k) retirement account-Martin estimates that he nets $2537 per month. Schedule I reflects that the debtors’ oldest son receives SSI benefits of $642 per month. In February 2016, the debtors received a federal tax refund for the year ending December 31, 2015, in the amount of $6824.5 They used the refund, in part, to buy a vehicle that Martin could fix up and to pay off Gretchen’s vehicle that had required a monthly payment of $427.51. Pro-rated over the course of one year, the debtors’ most recent federal tax refund amounts to an extra $568 per month. With their son’s SSI benefits, their pro-rated tax refund, and Martin’s earnings, the debtors estimate that their current net monthly income is $3747.6

The debtors’ filed their latest amended Schedule J on June 21, 2016, itemizing monthly expenses totaling $3857 as follows:

[545]*545[[Image here]]

At trial, the debtors explained some of the enumerated expenses while their bank statements shed light on other expenses not reflected in their schedules. The debtors currently give $150 to $200 each month to help support Gretchen’s sister who has ’ breast cancer and is unable to work. Gretchen testified that other members of Gretchen’s family also give monthly financial assistance to her sister. The debtors sometimes buy Gretchen’s sister groceries while shopping for their own, sometimes pay a utility bill for her, and sometimes give her money. The debtors do not expect their financial contributions to Gretchen’s sister to continue indefinitely. The debtors’ cable bill of $180 per month includes internet and a home telephone. Although Schedule J indicates that the debtors spend $175 per month on electricity and gas, their bank statements reflect that they actually spend an average of $127 each month for those utilities. The debtors arrived at the figure of $416 per month for home repairs by [546]*546spreading out $50,000 in estimated repairs over the course of ten years (or 120 months). The debtors testified that they need to make significant repairs in order for the home to be comfortable and safe, including repainting and installing central heat and air, new carpet, a new roof, and new windows.7 The debtors estimate that they spend $900 per month on food and housekeeping supplies. The debtors’ bank statements reflect that they spend $862 per month at various grocery stores and an additional $206 per month on restaurant meals and fast food.

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

Related

Stevenson v. Nelnet
D. New Mexico, 2021
Chance v. United States (In re Chance)
600 B.R. 51 (S.D. Indiana, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
563 B.R. 540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-us-department-of-education-in-re-young-arwb-2016.