Ratzsch v. Student Loan Finance Corp. (In Re Ratzsch)

325 B.R. 812, 2005 Bankr. LEXIS 1056, 2005 WL 1388892
CourtUnited States Bankruptcy Court, N.D. Iowa
DecidedJune 10, 2005
Docket19-00215
StatusPublished
Cited by2 cases

This text of 325 B.R. 812 (Ratzsch v. Student Loan Finance Corp. (In Re Ratzsch)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ratzsch v. Student Loan Finance Corp. (In Re Ratzsch), 325 B.R. 812, 2005 Bankr. LEXIS 1056, 2005 WL 1388892 (Iowa 2005).

Opinion

MEMORANDUM DECISION

WILLIAM L. EDMONDS, Bankruptcy Judge.

Rebecca Gail Ratzsch 1 asks the court to determine that her student loan obligation to Student Loan Finance Corporation and U.S. Bank is dischargeable under 11 U.S.C. § 523(a)(8). Final trial of this adversary proceeding was held May 25, 2005 in Sioux City. Craig H. Lane appeared as attorney for the plaintiff. Wil L. Forker represented defendant Student Loan Finance Corporation. The parties agree that Student Loan Finance Corporation is the holder of the loans in question and that U.S. Bank is no longer a creditor of Ratzsch.

The court has jurisdiction of this proceeding under 28 U.S.C. §§ 1334(b) and 157(a) and the District Court’s order of reference. This is a core proceeding under 28 U.S.C. § 157(b)(2)(I).

Findings of Fact

Rebecca Ratzsch is 49 years old, is not married and has no dependents. For 17 years, ending in 1994, she worked in a factory doing piecework. While employed at that work, she developed carpal tunnel syndrome and sustained shoulder and knee *814 injuries. Some time ago she worked as a paramedic. Ratzseh formerly lived in the Sioux City area. In about early 2003 she moved to Adel.

Ratzseh was determined to be disabled as of April 8, 1993, due to obesity, hypertension and other diagnoses. At that time her height was about five feet, five inches and her weight was about 479 pounds. She was certified in 1997 and again in early 2005 as continuing to be disabled. She has received disability benefit payments since 1993.

In the early 1990s, Ratzseh was counseled at a State of Iowa vocational rehabilitation office. She decided to attend college, hoping to improve her employment opportunities. She enrolled at the University of South Dakota and financed her education with student loans.

In 1999, she obtained a bachelor’s degree in counseling. She hoped to become a counselor in the area of alcohol and drug addiction. She did not believe her undergraduate degree would qualify her for a well-paying job; she decided to pursue a master’s degree in counseling.

In 2001, Ratzseh became seriously ill. On June 3, 2001, she was placed in a nursing home to receive 24-hour care. While residing there she did some school work through correspondence courses. Although she continued to have medical problems, Ratzseh left the nursing home in early April 2002. She felt she had no freedom at the facility.

Ratzseh did not continue in the master’s degree program. She received the following loans over the course of her education:

Date Amount of Note
June 8,1994 625
August 2,1994 6,337
September 7,1995 7,500
August 2,1996 7,141
August 16,1997 10,500
June 4,1998 2,250
July 26,1998 7,120
May 21,1999 3,266
August 24,1999 1,200

Ratzseh executed a “Master Promissory Note” on August 6, 1999. The effect of the master note is not clear. The notes have not been consolidated. Ratzseh has made no payments on any of the loans. The total amount Ratzseh owes Student Loan Finance Corporation is approximately $82,446.20.

Since leaving the nursing home, Ratzseh has looked for employment. She has been to the State of Iowa’s job placement office several times. She made inquiry by telephone with the State of Iowa regarding a counseling position and learned she did not meet the requirements for that particular job. She has applied for jobs washing dishes and answering phones. She has not been offered work. The last time she applied for a job was six months ago. She no longer believes she has a reasonable prospect of being employed.

Her current income is $877 per month from a disability benefit. She also receives $5 per month for cleaning a person’s home once a month. She has done the cleaning work off and on for about two years. Ratzseh estimates she has the following monthly expenses:

rent 189
utilities 80
cell phone 79
food 250
transportation 78
clothing 50
miscellaneous 50

Ratzseh lives in a one-bedroom subsidized apartment. She carries a cell phone to be able to get help in case of medical emergency. She does not have a land-line telephone. Recently the State of Iowa has been paying her health insurance premiums for Medicare coverage. Without this subsidy, the $78 monthly premium would be deducted from her disability benefit check. She does not have cable television *815 or internet access. She does not own a car. She has an arrangement with a friend to borrow a car, and she pays for gas. She travels from Adel to her doctor in Akron at a minimum of once every three months. Lately she has been seeing her doctor every month.

The records of her doctor, Cynthia Wolff, M.D., document a history of morbid obesity, a severe eating disorder, congestive heart failure, depression, hypertension, diabetes, respiratory problems, degenerative arthritis in her knee, and edema. It appears that she has had gastric bypass surgery in the past, and that she is not now a candidate for surgery. See Exhibit 1 (notes for Dec. 18, 2002).

Ratzsch has several ongoing medical problems. She has an eating disorder. She estimates her current weight is more than 600 pounds. Ratzsch is confined to a wheelchair. She continues to have problems with her left knee and left shoulder. She can walk only about six feet before becoming short of breath. She cannot walk up or down steps.

Ratzsch currently takes several medications for water retention, depression, heart condition, and asthma. She has the following monthly expenses related to her various medical conditions:

Lasix $ 11
Effexor 229
aspirin 2-3
calcium 3
multi-vitamins 6
Norvasc 58
Advair 126
inhalers 50-75
Diovan 52
Toprol 49
potassium 3-4
diabetes testing—
stickers 7

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
325 B.R. 812, 2005 Bankr. LEXIS 1056, 2005 WL 1388892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ratzsch-v-student-loan-finance-corp-in-re-ratzsch-ianb-2005.