Nightingale v. North Carolina State Education Assistance Authority (In re Nightingale)

543 B.R. 538
CourtUnited States Bankruptcy Court, M.D. North Carolina
DecidedJanuary 6, 2016
DocketCase No. 13-10834; Adversary No. 13-02060
StatusPublished
Cited by2 cases

This text of 543 B.R. 538 (Nightingale v. North Carolina State Education Assistance Authority (In re Nightingale)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, M.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nightingale v. North Carolina State Education Assistance Authority (In re Nightingale), 543 B.R. 538 (N.C. 2016).

Opinion

MEMORANDUM OPINION REGARDING DISCHARGE OF STUDENT LOANS

BENJAMIN A. KAHN, UNITED STATES BANKRUPTCY JUDGE

This adversary proceeding came before the Court for trial on October 20, 2015, to determine the dischargeability of Plaintiffs educational loan debt held -by North Carolina State Education Assistance Authority, referred to as “NCSEAA.” Plaintiffs counsel, Phillip E. Bolton, and Defendant NCSEAA’s counsel, Brent D. Kiziah, appeared at the trial. The Plaintiff provided the only testimony before the Court. For the following reasons, the Court will reopen the evidence solely for the purposes set forth herein.

On October 24, 2013, the Plaintiff commenced the current adversary proceeding by filing a Complaint [Adv. No. 13-02060, Doc. # 1] (the “Complaint”) seeking a discharge of educational loan debts (the “Debts”) held by the Defendant. The Complaint asserts that: (i) the Debts impose an undue hardship upon the Plaintiff; and (ii) the Debts should be discharged under 11 U.S.C. § 523(a)(8). The Defendant filed its Answer to the Complaint on November 18, 2013 [Doe. #7] (the “Answer”).

The Defendant filed a Motion for Summary Judgment on November 3, 2014 [Doc. # 19] with accompanying Brief/Memorandum [Doc. #20] (together, “Motion for Summary Judgment”). The Court denied the Motion for Summary Judgment on March 30, 2015 [Doc. #30], and the case proceeded to trial. Prior to the trial, Defendant and Plaintiff filed pre-trial disclosures with the Court. [Doc. #’s 41-and 42]. Although- the Defendant’s pre'-trial disclosures purported to attach stipulations, including the exhibits offered by the Defendant at summary judgment, no such stipulations were attached or filed with the pre-trial disclosures. The Plaintiffs pretrial disclosures contained no stipulations; At trial, the parties reported that Plaintiff had not responded to the proposed stipulations, and, therefore, no such stipulations applied. Also prior-to trial, the Plaintiff objected to the admission of an affidavit of Wayne E. Johnson, submitted • with pretrial disclosures as possible evidence to be introduced, on the grounds -that there was no iridication Mr. Johnson was unavailable to testify and the Plaintiff wished to cross examine the witness. [Doc. #43]. The affidavit was not offered into evidence at trial, and therefore the Court did not need to rule on the objection to the affidavit of Wayne E. Johnson.

FINDINGS OF FACT

Between June of 2005 and August of 2008, the Plaintiff received educational loans from the Defendant in order to pay for her master’s degree -at the University of North Carolina at Greensboro. Starting in October of 2005, the Plaintiff worked as a reading resource teacher at Southeast Guilford High School in Greensboro, North Carolina.. The Plaintiff was unemployed when she first moved to Greensboro from the Bahamas and testified that she needed the license from a graduate degree in order to continue doing.the type of work she previously did. .

‘ The Plaintiff filed for bankruptcy under Chapter 7 on June 25, 2013. She received a discharge on October 7, 2013, and she filed the Complaint on October 24, 2013 seeking a discharge- of the Debts, which are educational loans, held by the Defendant.[542]*5421 At the time the Plaintiff filed her Complaint, she was making her required monthly payments on the Debts, b.ut she predicted that she would ,be unable, to make nionthly payments on the Debts after her private disability terminated on or before June of 2014. Under the income based repayment plan, the Plaintiffs monthly payments on the Debts were $133.81 while she was receiving disability.

. At the initiation of this adversary proceeding, the Debtor resided in New Mexico with a Mend. At the time of trial, the Debtor testified she had moved to Florida to live with her adult son. Living with her son, she pays no rent but contributes approximately $435.00 per month in food and household items in order to help her son with living expenses and support herself. The majority of her food costs go to a specialized nutrition program called scientific- eating to which the Plaintiff testified she must adhere due to numerous physical maladies. The Plaintiff contributes approximately $125.00 to the household’s costs of utilities, including electricity, internet and cable. The Plaintiff also pays $82.00 a month for a cell phone and does not have a land line. Her current living arrangement is not permanent because her son intends to start his own family soon and will likely not have room for the Plaintiff in his home. The Plaintiff does -not currently have any prospects of • future places to live as her other children live too far for relocation.

Along with a minirrial amount of household expenditures, the Plaintiffs other significant expense includes $750.00 per month in medicine and medical therapy. This amount covers supplementary insurance, monthly ..prescriptions,, medication and therapy provided at doctor’s visits, and ongoing therapy received nightly for sleep apnea. The Plaintiff s testimony was unclear concerning her specific current medications. She had no definite list of prescriptions and struggled to remember some of the names, of the various prescriptions.

The Plaintiff spends $250,00 a month on accidental insurance and a burial fund. She previously owned a vehicle, but she sold the vehicle while living in New Mexico and used the proceeds, $2,500.00, to move to Florida. 'The Plaintiff relies upon the sporadic use of her son’s ear, takes public transportation, or walks when she needs to go somewhere.

The Plaintiff no longer makes regular charitable contributions to her church because of,her budget. She last made a charitable contribution in August of 2015 in the amount of $25.00. The .Plaintiff does not spend any money, on personal beauty or additional clothing.

The Plaintiffs income is currently fixed at $1,645.91, consisting of social security benefits and state retirement benefits. The Plaintiff testified that she has approximately $1.91 net income at the end of. every month. She arrived at her expenses by adding up all of her medical bills per month as well as expenses necessary to live.with her son. .

The Plaintiff is approximately sixty-seven years old and testified that she currently has burdensome health issues, including an underactive thyroid, sleep apnea, chronic fatigue, retractable foot pain, hernia, and enzyme depletion, all of which cause, her to be unable to stand for reasonable periods of time, cause extreme fatigue, and [543]*543require her to- maintain a rigid nutrition program in order to keep her symptoms under control, when that is possible. The Plaintiffs medical history is equally burdensome: she ,has gone through cancer treatment, twice and surgery , once,. for breast cancer. The last time she went through cancer treatment was in 2007, two years after starting her master’s education and taking out student loans. .■

The Plaintiff has been suffering from retractable foot pain since 2011. The paiil has only gotten worse despite treatment. The Plaintiff is on medication for the underaetive thyroid but her stamina is worse than it used to be and she is constantly tired. -Her chronic fatigue gave her good days and bad days. She is on a specialized diet to ameliorate her chronic fatigue.

The Plaintiff went on disability leave in May of 2012-after the principal at her school found1 out that the Plaintiff had chronic fatigue.

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Bluebook (online)
543 B.R. 538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nightingale-v-north-carolina-state-education-assistance-authority-in-re-ncmb-2016.