Shenk v. U.S. Dep't of Educ. (In re Shenk)

603 B.R. 671
CourtUnited States Bankruptcy Court, N.D. New York
DecidedAugust 13, 2019
DocketCase No. 17-31377; Adv. Proc. No. 17-50016
StatusPublished
Cited by6 cases

This text of 603 B.R. 671 (Shenk v. U.S. Dep't of Educ. (In re Shenk)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shenk v. U.S. Dep't of Educ. (In re Shenk), 603 B.R. 671 (N.Y. 2019).

Opinion

Margaret Cangilos-Ruiz, United States Bankruptcy Judge

Timothy J. Shenk, Sr. ("Debtor") brought this adversary proceeding against U.S. Department of Education ("U.S. Dep't. Ed."), State of New York and State University of New York College at Cortland ("SUNY Cortland" and, together with State of New York, "State Defendants"). The initial complaint (Doc. 1) was procedurally defective and per court order, Debtor filed an amended complaint ("Complaint"). 1

*674Doc. 21. The Complaint stated four counts seeking declaratory and injunctive relief that: (i) Debtor's federal student loans be discharged, (ii) SUNY Cortland award Debtor his degree if such discharge is granted, (iii) Debtor's loans owed to the State of New York be discharged based on undue hardship, and (iv) Debtor's loans owed to the State of New York have been forgiven by SUNY Cortland. Id.

Following a pre-trial conference on October 16, 2018, at which Debtor consented to the dismissal of counts II and IV, the court entered an order reflecting the parties' agreement and dismissed counts II and IV. Doc. 51. Only counts I and III remain, in which Debtor seeks this court's determination that his student loans impose an undue hardship and are dischargeable pursuant to 11 U.S.C. § 523(a)(8).

Defendants answered the Complaint and asserted that Debtor failed to state a claim upon which relief could be granted and the student loans should not be dischargeable. Docs. 22, 23, 24.

For the reasons that follow, the court finds that Debtor's student loan obligations are non-dischargeable and shall dismiss the Complaint as to all Defendants.

Jurisdiction

The court has jurisdiction to hear and enter a final judgment in this adversary proceeding pursuant to the provisions of 28 U.S.C. §§ 1334(b) and 157(b)(2)(I). Debtor has consented to the entry of final orders pursuant to Fed. R. Bankr. P. 7008. Doc. 21. This memorandum-decision and order incorporates the court's findings of fact and conclusions of law as permitted by Fed. R. Bankr. P. 7052.

Factual Findings

The parties signed a pre-trial Joint Stipulation of Facts (Doc. 77) ("Joint Stip."). At trial, Debtor was the sole witness to offer testimony. Based upon the stipulated facts. Debtor's oral testimony and the exhibits admitted at trial,2 the court makes the following findings.

Debtor's Student Loan Debt

Debtor is currently 59 years old. His student loan debt owed to the State Defendants was reduced to judgment in the amount of $4,643.55, on February 24, 2004. D Ex. B. Debtor made no payments on the debt, either before or after the entry of judgment, and currently owes in excess of $10,000.

*675Separately, Debtor accumulated federal loans to pay for his educational expenses. He consolidated his federal loans in March 2003 by executing a promissory note, payable over 20 years at 4.35% interest per annum to U.S. Bank, N.A. The original loan was for $44,908.67 and an additional $14,800.51 was disbursed over the next two months. The loan was guaranteed by the Academic Learning Center and reinsured by U.S. Dep't. of Ed. Debtor never made any voluntary payments on the loan. He applied for and received four economic hardship deferment requests but ultimately defaulted on the loan on July 7, 2009. The Academic Learning Center paid out on its guarantee and pursued collection efforts against Debtor.3 The Academic Learning Center was ultimately reimbursed by the U.S. Dep't. of Ed., which now holds the loan. As of January 2018, the outstanding balance owed by Debtor was $91,675.41, with $8.51 interest accruing daily.

Debtor's Background Story

Proceeding pro se , Debtor related his personal story at trial as to the origin of his student loan debt and why he believes the loans should be discharged.

Debtor graduated high school in 1978 and four years later-married by that time with two children-he enlisted in the infantry of the United States Army, 82nd Airborne division, where he served on active duty for thirteen years. During that time, he had two more children, divorced, and became liable for domestic support obligations to his ex-wife, who was awarded custody of their four children. Upon leaving active service, Debtor joined the New York Army National Guard in Cortland, with the intent to "finish up my twenty-year military career ... so I wouldn't lose my thirteen years that I spent and become a teacher." Transcript of trial held on April 26, 2019 ("Doc. 87") ("Hr'g Tr.") p.9 at 5-7. Debtor had previously dabbled in community college and in 1995, following his retirement from active duty, Debtor enrolled at SUNY Cortland. Debtor received his Bachelor of Arts degree in English from SUNY Cortland in 1999. That same year, Debtor entered SUNY Cortland's two-year M.A.T. (Master's) Program in Adolescent Education. D Ex. A. Debtor earned 9 credits each semester in the fall of 1999, and in the spring and fall of 2000. Debtor enrolled for 9 additional credits in the spring of 2001 but withdrew for unknown reasons.

Fall 2001 brought a series of events that led to Debtor's current predicament. Debtor enrolled to begin his required student teaching, but the fall semester coincided with the terrorist attacks on the World Trade Center in New York City. Debtor was called up by the National Guard and ordered to perform service at the site of the disaster for sixteen days. As a consequence, Debtor withdrew from school that semester.4 He returned the following spring in 2002 and completed his student teaching. Having successfully completed the M.A.T. program requirements, Debtor was expecting to graduate that May. However, by that time, Debtor had defaulted on his loan obligations to SUNY Cortland, Debtor did not remedy the status of his loan obligations and never graduated.

*676Debtor introduced a December 22, 2015 letter from Associate Dean Jerome O'Callaghan which reiterated SUNY Cortland's policy not to award degrees when student financial obligations are in default. P Ex. A. Dean O'Callaghan stated in his letter that he believed Debtor's failure to pay was "directly related to the fall 2001 semester when he left for 9/11 duty." Id. The letter explains that students have a maximum five-year timeframe within which they must complete all program degree requirements. Id.

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Bluebook (online)
603 B.R. 671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shenk-v-us-dept-of-educ-in-re-shenk-nynb-2019.