Stitt v. United States Department of Education

532 B.R. 638, 2015 U.S. Dist. LEXIS 77878, 2015 WL 3777848
CourtDistrict Court, D. Maryland
DecidedJune 9, 2015
DocketCivil No.: PJM 14-938
StatusPublished

This text of 532 B.R. 638 (Stitt v. United States Department of Education) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stitt v. United States Department of Education, 532 B.R. 638, 2015 U.S. Dist. LEXIS 77878, 2015 WL 3777848 (D. Md. 2015).

Opinion

MEMORANDUM OPINION

PETER J. MESSITTE, UNITED . STATES DISTRICT JUDGE

This case is on appeal from an order of the United States Bankruptcy Court for this District. See In re Monica Stitt, 12-27357PM (Bankr.D.Md. Sept. 21, 2012); Stitt v. U.S. Dep’t of Education, 13-0178PM (Bankr.D.Md. Mar. 27, 2013). Plaintiff Monica Stitt, pro se, sought to discharge her student loans aggregating $37,431.38, and also sought $75,000 in damages against the U.S. Department of Education. The Bankruptcy Court found that her debts to the Department of Education were excepted from discharge under 11 [640]*640U.S.C. § 523(a)(8) because she had not proved undue hardship by a preponderance of the evidence. Specifically, the Bankruptcy Court held that Stitt failed to show that she had made good faith efforts to repay the loans. The Bankruptcy Court entered judgment in favor of the Department of Education. For the reasons that follow, the decision of the Bankruptcy Court is AFFIRMED.

I.

Monica Stitt is a forty-five year-old woman with no financial dependents. She was adjudicated as disabled by the U.S. Social Security Administration in 2001. ECF No. 19-1, at 185. The Department of Education (“DOE”) holds four student loans disbursed to Stitt between 1989 and 1990, amounting to a total disbursement of $13,250.00. ECF No. 19-1, at 115. They were all defaulted in 1991 or 1992. ECF No. 19-1, at 120. As of January 15, 2014, the balance owed to DOE was $37,431.38, of which $15,843.99 was unpaid principal and $21,587.39 was unpaid accrued interest. ECF No. 19-1, at 82. In 1997, Stitt made nine voluntary payments on her loans, each in the amount of $10.00, ECF No. 19-1, at 102. Since then she has not made a single voluntary payment.1 She has not consolidated her loans. ECF No. 19-1, at 114.

Stitt has held a variety of jobs since 1986, including cashier and data entry work, usually on a part-time basis. ECF No. 19-1, at 145. Although she attended Howard University from 1989 to 1990, she did not obtain a degree. ECF No. 19-1, at 155. In 2008, Stitt earned $11,000.00 in a Workforce Recruitment Program for individuals with disabilities, sponsored by the Department of Labor. ECF No. 19-1, at 145. Of that stipend, $774.47 was withheld and went to repayment of her student loans. ECF No. 19-1, at 103. Stitt earned a Paralegal Certificate from Montgomery College in 2008. ECF No. 19-1, at 155. She has not been employed since 2008. ECF No. 19-1, at 145. During the pendency of the adversary proceeding, Stitt enrolled in Stevenson University. However, she could not obtain the needed financial aid because of her past loan default history and had to withdraw her from Stevenson2 without ever attending classes. ECF No. 19-1, at 157.

[641]*641■ The Bankruptcy Court found that Stitt owns personal property valued at $210.00. Her monthly income consists of Social Security Disability Payments, a Montgomery County rent supplement, Medicaid, and Public Assistance Programs-Food Supplement. The Bankruptcy Judge also found, that although the total value of those public grants exceeds the poverty level, Stitt could not maintain a minimal standard of living for herself based on her current receipts and expenses, even if she were to pay only the daily interest on her student loans of $3.38. See ECF No. 190-1, at 231-34.

On September 21, 2012, Stitt filed a Voluntary Petition under Chapter 7 of the United States Bankruptcy Code, and on March 27, 2013, she filed an Adversary Proceeding for a determination of dis-chargeability of her student loan debt on the basis of undue hardship, pursuant to 11 U.S.C. § 523. The Government opposed discharge of her student loan debt.

The Bankruptcy Court held a trial on February 6 and 11, 2014. On February 12.2014. the Bankruptcy Judge denied the discharge of Stitt’s loans. This appeal followed.

II.

This Court has jurisdiction over this appeal pursuant to 28 U.S.C. § 158(a)(1). On appeal to the district court, a bankruptcy court’s legal conclusions are reviewed de novo, while factual findings are reviewed for clear error. Goldman v. Capital City Mortg. Corp. (In re Nieves), 648 F.3d 232, 237 (4th Cir.2011). “The Supreme Court has repeatedly reiterated the extremely deferential nature of the clearly erroneous standard of review.” Educ. Credit Mgmt. Corp. v. Frushour (In re Frushour), 433 F.3d 393, 404 (4th Cir. 2005) (Hamilton, J. concurring in part and dissenting in part). “If the [trial] court’s account of the evidence is plausible in light of the record viewed in its entirety, the [reviewing court] may not reverse it even though convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently.” United States v. Springer, 715 F.3d 535, 545 (4th Cir.2013). A finding of fact is clearly erroneous' only “when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” PBM Prods., LLC v. Mead Johnson & Co., 639 F.3d 111, 125 (4th Cir.2011) (citation and internal quotation marks omitted). The determination of whether a debtor has met the undue hardship standard is reviewed de novo, and the factual underpinnings of that legal conclusion are reviewed for clear error. In re Frushour, 433 F.3d 393, 399 (4th Cir.2005).

III.

Debtors receive valuable benefits from Congressionally authorized loans, but Congress in turn requires loan recipients to repay them in all but the most dire circumstances. In re Frushour, 433 F.3d 393, 399, (4th Cir.2005). Therefore, student loan debts are presumably non-dis-chargeable in bankruptcy, “unless excepting such debt from discharge ... would impose an undue hardship on the debtor and the debtor’s dependents.” 11 U.S.C. § 523(a)(8). Although the Bankruptcy Code does not define “undue hardship,” the Fourth Circuit has adopted the three-part test of Brunner v. N.Y. State High Educ. Servs. Corp. to determine-whether a debtor has established undue hardship within the meaning of section 523(a)(8). See Frushour, 433 F.3d at 400 (citing Brunner v. New York State Higher Educ. Services Corp., 831 F.2d 395, 396 (2d Cir. 1987)). Thus, the debtor must establish:

[642]*642(1) that the debtor cannot maintain, based on current income and expenses, a ‘minimal’ standard of living for herself and her dependents if forced to repay the loans;

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532 B.R. 638, 2015 U.S. Dist. LEXIS 77878, 2015 WL 3777848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stitt-v-united-states-department-of-education-mdd-2015.