Rifino v. United States

245 F.3d 1083, 2001 WL 363697
CourtCourt of Appeals for the Ninth Circuit
DecidedMay 10, 2001
DocketNo. 99-35378
StatusPublished
Cited by14 cases

This text of 245 F.3d 1083 (Rifino v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rifino v. United States, 245 F.3d 1083, 2001 WL 363697 (9th Cir. 2001).

Opinion

RONALD M. GOULD, Circuit Judge:

This case involves the undue hardship provision of 11 U.S.C. § 523(a)(8). After debtor-appellant Rosemary Rifino (“Rifi-no”) filed an adversary proceeding seeking to discharge her student loan obligations, the bankruptcy court ruled that Rifino’s loans were dischargeable as an undue hardship pursuant to 11 U.S.C. § 523(a)(8). The defendants, holders of Rifino’s student loan obligations, appealed to the district court, which reversed the bankruptcy court and reinstated Rifino’s loans. We have jurisdiction over Rifino’s appeal pursuant to 28 U.S.C. § 158(d). We hold that the district court correctly determined that Rifino was not entitled to a discharge on undue hardship grounds, and affirm.

FACTS AND PROCEDURAL BACKGROUND

At the time of the bankruptcy adversary proceeding, Rifino was forty-one years old, and a single mother with a ten-year-old son. Rifino earned a Bachelor of Science degree from the University of Oregon in 1991 and a Master of Social Work (“MSW”) degree from the University of Washington in 1994. Rifino financed her education by acquiring federally insured student loans totaling approximately $69,000 from various lenders, including Sallie Mae, the University of Oregon, the Oregon State Scholarship Commission, the University of Washington, the Northwest Education Loan Association, and the William D. Ford Federal Direct Loan Program. Most of Rifino’s student loans obligations did not go into repayment status until August 1996.

At the time of the adversary proceeding, Rifino was a social worker at Ryther Child Center, earning a gross annual salary of $27,591.36 and a net monthly salary of $1,898. Rifino’s stated monthly expenses totaled approximately $1,897, and included tanning salon visits, cable television, a new car payment, and expenses related to her son’s enrollment at Seattle Country Day School, a private elementary school. Although Rifino’s son had a partial scholarship to this school, the cost of tuition and fees not covered by the scholarship totaled $1,780 for the 1993-1994 academic year [1086]*1086and $1,400 for the 1994-1995 academic year. These expenses were in addition to child care expenses. Rifino has paid for her son to participate in Aikido, swimming lessons, skating lessons, Little League, and cross country-CYO. Rifino’s stated monthly expenses did not include child care during school breaks, clothing, or maintenance for her car.

Rifino filed a Chapter 7 bankruptcy petition in June 1996 seeking to discharge her consumer debt. The petition was 'granted on September 16, 1996. On September 17, 1996, Rifino commenced an adversary proceeding seeking an undue hardship discharge of her student loan obligations under 11 U.S.C. § 523(a)(8). Rifino named Sallie Mae, the University of Oregon, the Oregon State Scholarship Commission, the University of Washington, the Northwest Educational Loan Association (“NELA”), and the William D. Ford Federal Direct Loan Program (“United States”) as defendants in the adversary proceeding.

The adversary proceeding was tried before the bankruptcy court on September 23-24, 1997. The bankruptcy court entered judgment in favor of Rifino, ruling that Rifino would suffer an undue hardship if her student loans were not discharged.

All defendants timely appealed, electing to have their appeals reviewed by the district court as opposed to a bankruptcy appellate panel. See 28 U.S.C. § 158(c)(1) (stating that an appeal is to be heard by a bankruptcy appellate panel unless any party elects to have such appeal heard by the district court); see also Fed. R. Bankr.P. 8001(e). Pursuant to a stipulation of all the parties, the University of Oregon and the Oregon State Scholarship Commission moved to dismiss their appeals and the district court granted the dismissal with prejudice.

The district court reversed the bankruptcy court’s discharge order and reinstated Rifino’s student loan debt. Addressing the “undue hardship” discharge provision of 11 U.S.C. § 523(a)(8), the court held that the bankruptcy court erroneously applied the law to Rifino’s claims.1 Specifically, the court explained that “there is nothing exceptional about Rifino’s circumstances and there are no additional circumstances that indicate long-term hardship.” On the issue of good faith, the court reasoned, “Rifino has not made any payments on her loans and has not made any effort to repay her loans at any time. The timing of Rifino’s bankruptcy filing, her choice to file under chapter 7 rather than chapter 13, and her refusal to consolidate her loans further demonstrate an absence of good faith.”

Rifino now appeals.

ANALYSIS

I

“Because this court is in as good a position as the district court to review the findings of the bankruptcy court, it independently reviews the bankruptcy court’s decision.” Ragsdale v. Haller, 780 F.2d 794, 795 (9th Cir.1986). We review the bankruptcy court’s findings of fact under a clearly erroneous standard. In re Pena, 155 F.3d 1108, 1110 (9th Cir.1998). “Where there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous.” Anderson v. City of Bessemer City, N.C., 470 U.S. 564, 574, 105 S.Ct. 1504, 84 [1087]*1087L.Ed.2d 518 (1985). We review de novo the bankruptcy court’s application of the legal standard in determining whether a student loan debt is dischargeable as an undue hardship. In re Taylor, 223 B.R. 747, 750 (9th Cir. BAP 1998).

II

Rifino contends that the district court improperly substituted its judgment 2 for that of the bankruptcy court by concluding that she failed to establish that repayment of her student loans would present an “undue hardship.” We find Rifino’s arguments unpersuasive.

Generally, student loan obligations are presumed to be nondischargeable in bankruptcy pursuant to 11 U.S.C. § 523(a)(8). Section 523(a)(8) provides:

A discharge under section 727 ... does not discharge an individual debtor from any debt — for an educational benefit overpayment or loan made, insured or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution, or for an obligation to repay funds received as an educational benefit, scholarship or stipend,

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245 F.3d 1083, 2001 WL 363697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rifino-v-united-states-ca9-2001.