Olson v. Aspire Res. Inc. (In re Olson)

592 B.R. 857
United States Bankruptcy Court, D. Montana·Decided October 26, 2018·No. Case No. 11-60127-13; Adv. No. 18-00008-BPH·Published

Opinion

Both parties filed separate statements of uncontroverted facts, which overlap, and demonstrate there are no genuine issues of material fact. Further, neither party filed a statement of genuine as required by Mont. LBR 7056-1(a)(1)(2). Such failure is, pursuant to Local Rule 7056-1(a)(1)(3)(d), deemed an admission by each party that no material facts are in dispute.

UNDISPUTED FACTS

Debtors filed their voluntary Chapter 13 bankruptcy petition on January 27, 2011. At that time, both Debtors had outstanding student loan debts. Debtor Kacey Olson had student loan debt in the amount of $74,347.32. See Proof of Claim No. 5 ("Claim 5"). Claim 5 comprised a principal balance of $70,327.97, and unpaid, accrued prepetition interest of $4,019.35. Claim 5 further noted that interest was accruing at a rate of $11.87 per day. Debtor Scott Olson's student loan debt was $11,901.93, comprised of a principal balance of $11,702.76, and unpaid, accrued prepetition interest of $199.17. See Proof of Claim No. 6 ("Claim 6"). Interest was accruing at a rate of $2.64 per day under Claim 6.

Following completion of the Plan payments, the Chapter 13 Trustee filed his Final Report and Accounting. According to it, the Trustee disbursed $74,347.32 to ECMC in connection with Claim 5, and $11,901.93 in connection with Claim 6. ECMC applied those payments on July 14, 2016. According to ECMC, the unpaid balance owing by Kacey Olson under her student loan obligations was $27,522.87 as of July 1, 2018, consisting of an unpaid principal balance of $26,964.94 and accrued, unpaid interest of $557.93, and the unpaid balance owing by Scott Olson under his student loan obligations was $5,922.94 as of July 1, 2018, consisting of an unpaid principal balance of $5,764.10 and accrued, unpaid interest of $158.84.

While not addressed by either party, Debtors' Plan provides in paragraph 2(g) that "[n]o interest shall be paid nor accrue on any general, allowed, unsecured claims during the pendency of the Chapter 13 Plan, excluding nondischargeable student loan debt pursuant to 11 U.S.C. § 523(a)(9) [sic]." Debtors' discharge was entered on August 3, 2017.

SUMMARY JUDGMENT STANDARD

"The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." FED.R.CIV.P. 56(a). "[A] party seeking summary judgment always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of 'the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett , 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Material facts are those which may affect the outcome of the case. Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A dispute as to a material fact is genuine if there is sufficient evidence for a reasonable fact-finder to return a verdict for the nonmoving party. Id. ; see also Russell v. Daiichi-Sankyo, Inc. , 2012 WL 1793226 (D.Mont. May 15, 2012).

Where the moving party has met his initial burden with a properly supported motion, the party opposing the motion "may not rest upon the mere allegations or denials of his pleading, but ... must set forth specific facts showing that there is a genuine issue for trial."

*860Anderson , at 248, 106 S.Ct. 2505. The nonmoving party may do this by use of affidavits (including his own), depositions, answers to interrogatories, and admissions. Id.

In evaluating the appropriateness of summary judgment the Court must first determine whether a fact is material; and if so, it must then determine whether there is a genuine issue for the trier of fact, as determined by the documents submitted to the Court. As to materiality, the applicable substantive law will identify which facts are material. Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude entry of summary judgment. Factual disputes which are irrelevant or unnecessary to the outcome are not considered. Anderson , at 248, 106 S.Ct. 2505.

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Olson v. Aspire Res. Inc. (In re Olson), 592 B.R. 857 (Mont. 2018).

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