Woodcock v. Chemical Bank, NYSHESC (In re Woodcock)

45 F.3d 363, 1995 WL 3748
CourtCourt of Appeals for the Tenth Circuit
DecidedJanuary 6, 1995
DocketNo. 94-1101
StatusPublished
Cited by31 cases

This text of 45 F.3d 363 (Woodcock v. Chemical Bank, NYSHESC (In re Woodcock)) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Woodcock v. Chemical Bank, NYSHESC (In re Woodcock), 45 F.3d 363, 1995 WL 3748 (10th Cir. 1995).

Opinions

STEPHEN H. ANDERSON, Circuit Judge.

Appellant Raymond L. Woodcock (debtor) graduated from law school in 1982. He financed his legal education with four guaranteed student loans, each for $5,000. The loans were guaranteed by NYSHESC (creditor). In 1992, debtor filed bankruptcy under Chapter 7 of the United States Bankruptcy Code. He brought this adversary proceeding to determine the dischargeability of his student loans. The bankruptcy court ruled the loans are not dischargeable, 149 B.R. 957. The district court affirmed and debtor now appeals. We exercise jurisdiction under 28 U.S.C. § 158(d) and affirm in part and reverse in part.1

Generally, student loans are not discharge-able in bankruptcy. 11 U.S.C. § 523(a)(8). The Code permits such loans to be discharged, however, if they “first became due more than 7 years (exclusive of any applicable suspension of the repayment period) before the date of the filing of the [bankruptcy] petition,” id § 523(a)(8)(A), or if excepting the loans from discharge “will impose an undue hardship on the debtor and the debt- or’s dependents,” id. § 523(a)(8)(B). On appeal, debtor contends that his loans are dis-chargeable under either exception. He also complains that the bankruptcy court improperly excluded certain evidence and improperly allowed creditor to amend its pleadings to conform to the evidence. We review the bankruptcy court’s legal determinations de novo and its factual findings for clear error. Robinson v. Tenantry (In re Robinson), 987 F.2d 665, 667 (10th Cir.1993).

Turning to the first exception, we must determine when debtor’s loans first became due. A loan becomes due when the first installment is due. See Nunn v. Washington (In re Nunn), 788 F.2d 617, 619 (9th Cir.1986). The four promissory notes for the loans state that repayment begins at “the end of the ninth month following the month in which I cease to be matriculated, withdraw from, or become less than a half-time student at an approved school.” R.Vol. V, exhibits AA-1, AA-2, AA-3, AA-4. Repayment also begins on the date the borrower fails to “enroll for the term and in the educational institution for which the application was approved;” fails “to verify [] status as a student when requested;” or fails “to make required interest payments.” Id. At issue is whether debtor ceased to be matriculated, withdrew from, or became less than a halftime student before April 21, 1985 — seven years before he filed bankruptcy.

The relevant facts are undisputed. After graduating from law school in the spring of 1982, debtor attended business school. He graduated with his M.B.A. in January 1983. After that, he attended college on a part-time basis until 1990, taking a variety of courses. Creditor2 concedes that debtor was at least a half-time student, without a nine-month break, at all times before April 21, 1985.

Debtor argues that his loans matured nine months after he graduated from business school because after that point he “ceased to be matriculated,” in the sense that he was not enrolled in a degree program. Creditor, on the other hand, claims that the term matriculated simply means enrolled. According to creditor, debtor’s loans did not mature until 1991, nine months after he ceased being a half-time student.

[366]*366The promissory notes do not define the term matriculate. The bankruptcy court noted that the dictionary offers both parties’ definitions for matriculate: to enroll at a college or university, or to be accepted as a student or candidate for a degree. Without determining whether the term is ambiguous, the bankruptcy court concluded that “to be matriculated” within the meaning of the promissory notes, debtor only had to be enrolled in school. Alternatively, the court reasoned that even if “matriculated” required enrollment in a degree program, debtor had not ceased matriculating after he graduated from business school because “[w]ith all the courses he was taking he would have eventually qualified for some degree_” R.Vol. I, doc. 29 at 7. In its order denying debtor’s motion for a new trial, the bankruptcy court also concluded that, in any case, debtor is estopped from claiming he ceased matriculating because he did not inform creditor of that fact, as was required by the promissory notes. On appeal, the district court agreed with the bankruptcy court’s primary holding that matriculate means to enroll in school.

Interpretation of the promissory notes is governed by state law. See Butner v. United States, 440 U.S. 48, 54-55, 99 S.Ct. 914, 917-18, 59 L.Ed.2d 136 (1979) (property interests of the parties to a bankruptcy proceeding are “created and defined by state law”). New York law, which governs the interpretation of the notes, instructs that the terms of a contract should be construed in light of the whole contract. See W.W.W. Assocs., Inc. v. Giancontieri, 77 N.Y.2d 157, 565 N.Y.S.2d 440, 443, 566 N.E.2d 639, 642 (1990). Courts resort to extrinsic evidence only when the contract, is ambiguous. See id.; see also Vermejo Park Corp. v. Kaiser Coal Corp. (In re Kaiser Steel Corp.), 998 F.2d 783, 789 (10th Cir.1993). Whether a contract is ambiguous is a question of law. In re Kaiser Steel Corp., 998 F.2d at 789. Interpretation of the unambiguous terms of a contract is also a question of law. Id.

We hold that the bankruptcy court erroneously interpreted “matriculate” to mean enroll and that the term unambiguously requires enrollment in a degree program. Our interpretation does not offend other provisions of the notes. The notes list “failure to enroll for the term and in the educational institution for which the application was approved” as a separate event which triggers repayment. R.Vol. V, doc. AA-1. Moreover, the notes explicitly require repayment on the date the borrower fails to enroll, which contradicts the requirement to repay nine months after the borrower ceases to be matriculated, should matriculated be interpreted to mean enrolled. Another provision uses the terms matriculate and enroll in the same sentence: “I understand that I must report to the lending institution ... [i]f I fail to enroll, leave school for any reason or cease to be matriculated.... ” Id., doc. AA-5. These provisions indicate that matriculate is not synonymous with enroll. The wording of another provision, whereby the borrower agrees to sign a promissory note no later than four months after he or she “cease[s] being matriculated or at least a half-time student,” indicates that matriculation is more than simple enrollment.

Further, our interpretation is supported by a common-sense reading of the phrase “cease to be matriculated, withdraw from, or become less than a half-time student at an approved school.” The first clause of that phrase sets out the general rule that the educational loan should be repaid when the borrower, for whatever reason, has stopped pursuing a degree.

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Cite This Page — Counsel Stack

Bluebook (online)
45 F.3d 363, 1995 WL 3748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodcock-v-chemical-bank-nyshesc-in-re-woodcock-ca10-1995.