Mathieu v. Educational Credit Management Corp. (In re Mathieu)

495 B.R. 882, 2013 WL 1633054, 2013 Bankr. LEXIS 1559
CourtUnited States Bankruptcy Court, D. Minnesota
DecidedApril 15, 2013
DocketBankruptcy No. 12-31428; Adversary No. 12-3128
StatusPublished

This text of 495 B.R. 882 (Mathieu v. Educational Credit Management Corp. (In re Mathieu)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mathieu v. Educational Credit Management Corp. (In re Mathieu), 495 B.R. 882, 2013 WL 1633054, 2013 Bankr. LEXIS 1559 (Minn. 2013).

Opinion

ORDER FOR JUDGMENT DISCHARGING STUDENT LOAN

DENNIS D. O’BRIEN, Bankruptcy Judge.

The above entitled matter was tried on January 29, 2013, on plaintiff Cynthia R. [883]*883Mathieu’s complaint seeking discharge of her student loan owed to defendant Educational Credit Management Corporation. Appearances are noted in the record. Based upon the pleadings, files, evidence received at trial, and arguments of counsel, the Court now makes this ORDER pursuant to the Federal and Local Rules of Bankruptcy Procedure.

I

Plaintiff Cynthia R. Mathieu seeks a hardship discharge under 11 U.S.C. § 523(a)(8) of her student loan in the amount of $140,640.55, held by defendant Educational Credit Management Corporation. In light of the unique facts and circumstances of her case, the Court finds that nondischarge of the obligation would result in an undue hardship on the plaintiff and upon her son, and orders the loan discharged accordingly.

II

Employment History And Financial Circumstances.

The Plaintiff graduated from Creighton University with a B.A. in 1992. Her student loan incurred in connection with the education was $20,800. A short time later, she, and her husband at the time, bought a Fred Astaire Dance studio franchise in Wichita, Kansas, in 1993. She operated the business with her husband until the parties divorced in 1999. She continued operation of the business for a short time alone, but, closed it in 2000. Her son, R.M., was born in July, 1995. R.M. was diagnosed with leukemia and his needs required the plaintiffs full-time attention. After the divorce, it became impossible to keep the business going. In the years 1993 through 1999, the plaintiffs average annual income was $17,900.

Plaintiff was employed in successive, relatively low-paying, jobs from 2000 through 2007. Her average annual income was $9,424, including child support. In 2008, she obtained work at a tax software company, earning a salary in excess of $30,000 per year. Then in 2010, she moved to the Twin Cities and accepted a job as a tax preparer at Quist & Company, a company that had been owned and sold by her father. She subsequently became an Enrolled Agent which enables her to represent the firm’s clients before the IRS. She currently earns a gross salary of $50,400 annually at Quist.

Plaintiff is the highest-paid paraprofessional at Quist & Company. She has not received a raise in three years, and is probably at the top end of earning capacity in real dollars in her present profession. Quist & Company first commenced business in January, 2010, when it was purchased from the plaintiffs father. It has lost significant business since then, and the plaintiff testified that she believes that her job security with the company is somewhat questionable.

She is also a waitress on an “on call” basis at a local restaurant. Her work there is sporadic. She worked 12 to 15 evenings between April and October 2012 and has been asked to work approximately 3 evenings in January, 2013, as of the time of trial. She earned approximately $3,000 gross in calendar year 2012 as a waitress. Plaintiff has arthritis in her knees and ankles that is attributable to a former profession as a dancing instructor. She has been prescribed pain/inflammation relief prescription drugs.

Plaintiff has a negative credit score. She drives a nine-year-old car with 126,000 miles on its odometer. She pays interest on her car loan at the rate of 24%. She [884]*884testified that the vehicle is in a poor state of repair and is in need of significant transmission work. According to the plaintiff, maintenance has not been performed because she does not have the funds to pay for the repairs. Approximately nine months remains on the car loan at the rate of $360 per month. She testified that she will likely need to obtain a different automobile soon. She testified that her bad credit rating also results in her being unable to obtain automobile insurance at normal rates, and that when she has shopped for insurance, she has been quoted a surcharged rate because of her credit history.

The plaintiff shares her home with a boyfriend, Allen Snyder, who is an over the road truck driver. He earned $38,644 gross income in 2012. Mr. Snyder and the plaintiff share these living expenses:

Monthly household expenses Expense Total C. Mathieu A. Snyder Mortgage 982.79 682.79 300.00 2nd Mortgage 200.00 200.00 Lot Rent 488.00 488.00 Utilities 175.00 175.00 Sprint 176.00 35.00 141.00 R.M — Trak Phone minutes 35.00 $ 35.00 Auto Insurance 130.00 130.00 Home Owners Insurance 72.00 72.00 life Insurance 60.00 60.00 Comcast — Cable 125.00 25.00 100.00 MN Revenue 2011 income 50.00 50.00 Dakota County Property Tax 34.00 17.00 17.00 Attorney’s fees 100.00 100.00 Health Insurance Premium 412.00 412.00 Sirius satellite radio 53.00 53.00 Monthly Medical Co-Pays 35.00 35.00 Monthly Prescription Co-82.00 82.00 2012 Medical bills unpaid 25.00 25.00 Car Payment 360.00 360.00 Gas and maintenance 250.00 250.00 Groceries 500.00 500.00 Incidentals 50.00 50.00 Entertainment 50.00 50.00 Fitness center membership 65.00 65.00 Total: $4,509.79 $3,286.79 $1,223.00

The plaintiff and Mr. Snyder purchased the home for $88,425 in June 2011 with the down payment of $10,000 loaned by the plaintiffs father. The loan accounts for the second mortgage on the property. They hold title jointly. The plaintiff testified that she pays more in house related payments and groceries than Mr. Snyder because he is there only a few days a month and she provides for her 17 year old son, who also lives there. According to the plaintiff, there is no equity in the property. Mr. Snyder pays his own truck[885]*885ing related expenses. The parties have no joint bank accounts.

The plaintiffs monthly net income presently is $2,880 from her employment at Quist. Additionally, she receives $438 per month in child support payments, which include arrearages. The support payments will end in July this year. Income from waitressing is sporadic. The plaintiff expects to owe taxes for the 2012 tax year. She has an Edward Jones retirement account that had a balance of $200 at filing.

Plaintiff’s Son.

Plaintiff has one child, R.M., born July 23, 1995. R.M. was bom with the learning and social disabilities of attention deficit hyperactivity disorder and Asperger Syndrome. He was stricken with acute lym-phocytic leukemia at age 2, but, entered long-term remission two years later in 1999.

R.M. has a serious social and educational deficit. Although he is 17 years old, he is not able to drive because he cannot pass the driver test. The current social goal at Eagan High School is to help him to understand and participate in a job interview by June, 2013. Presently, R.M. is unable to complete a job application because he cannot understand and associate basic questions and appropriate information for responses.

He takes some mainstream classes as well as some classes in the special education department at Eagan High School. He is not expected to be economically or educationally able to live or work independently at the end of his senior year in high school, June 2014. It is not known if or when he might achieve economic or social independence. It has been recommended that R.M. enroll in a six week course of daily therapy/treatment for his symptoms.

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495 B.R. 882, 2013 WL 1633054, 2013 Bankr. LEXIS 1559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mathieu-v-educational-credit-management-corp-in-re-mathieu-mnb-2013.