Woody v. United States Department of Justice

494 F.3d 939
CourtCourt of Appeals for the Tenth Circuit
DecidedJuly 24, 2007
DocketNo. 06-3294
StatusPublished

This text of 494 F.3d 939 (Woody v. United States Department of Justice) 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
Woody v. United States Department of Justice, 494 F.3d 939 (10th Cir. 2007).

Opinion

EBEL, Circuit Judge.

The United States Department of Justice (the “DOJ”) appeals a judgment of the United States Bankruptcy Appellate Panel for the Tenth Circuit (“BAP”) affirming the District of Kansas Bankruptcy Court’s discharge of Larry Lee Woody’s Health Education and Assistance Loan (“HEAL loan”) debt. Pursuant to 42 U.S.C. § 292f(g), HEAL loan debt may be discharged only if nondischarge of the debt would be “unconscionable.”

The DOJ argues that the bankruptcy court erred in concluding that it would be unconscionable to deny Mr. Woody a discharge of his HEAL loan debt. We agree. Under the correct standard for discharge-ability, Mr. Woody failed to demonstrate that nondischarge of his HEAL loan would be unconscionable. We therefore REVERSE the BAP’s judgment affirming the bankruptcy court’s discharge of Mr. Woody’s HEAL loan and order the full [944]*944amount of his remaining HEAL loan obligation reinstated.

I. BACKGROUND

A. Factual History

Mr. Woody accrued significant debt from two types of government-insured student loans he obtained between 1979 and 1983 as he pursued a degree in chiropractic medicine. Of his original loan obligations, $25,000 consisted of general educational loans whose dischargeability is governed by the Bankruptcy Code at 11 U.S.C. § 523(a)(8) (the “523 loans”), and $4,700 consisted of a HEAL loan subject to a separate dischargeability standard under 42 U.S.C. § 292f(g).1 Mr. Woody’s loan payments began to come due after he left his chiropractic studies in 1983; however, to date, he has contributed only $995 towards the repayment of his 523 loans and only one payment of $484.48 toward his HEAL loan. As a result of accrued interest and his failure to make regular payments on these loans, as of July 2005 Mr. Woody owed a total of over $53,000 on the 523 loans (with interest continuing to accrue at 7% annually) and over $18,750 on the HEAL loan (with interest accruing at 4.55% annually).

Mr. Woody holds an undergraduate degree in accounting. However, he never completed his chiropractic degree and, as a result, has never worked as a chiropractor. After discontinuing his chiropractic studies in 1983, he worked in mostly temporary and seasonal positions, generally earning less than $15,000 annually and collecting unemployment benefits at times. In 2001, he obtained seasonal employment with the I.R.S., and between 2001 and 2004, his annual gross income increased from $17,428 to $27,143.2 In 2004, he accepted a full-time position at the I.R.S., and his annual gross income increased accordingly to an estimated $36,780 in 2005 and $38,520 in 2006.3 In his current I.R.S. position, Mr. Woody receives subsidized health insurance as well as access to a flexible medical spending account (an “FSA”) and a 401(k) retirement plan.

The bankruptcy court set out a detailed estimated monthly budget of Mr. Woody’s expenses for 2005 and 2006, based on his testimony and an overview of the record. The court found that Mr. Woody had an estimated gross monthly income of $3,065 in 2005, and of $3,210 in 2006. The court also found that the following expenses were deducted from his paycheck each month:

2006 2006
Taxes and Social Security $ 655.00 $ 700.00
Insurance 137.00 163.00
Flexible Spending Account 72.00 125.00
Federal Retirement 24.00 26.00
401(k) 210.00 221.00
Union Dues 26.00 26.00
TSP Loan 85.00 85.00
TOTAL: $1,209.00 $1,346.00

Factoring in these deductions from his paycheck, Mr. Woody’s estimated take-home pay each month was $1,856 in 2005, and $1,864 in 2006. The court also described Mr. Woody’s estimated monthly [945]*945living expenses, culled from documents he submitted to the court:

2005 2006
Apartment Rent $ 585.00 $ 595.00
[Storage Rental] 125.00 125.00
Electricity 50.00 55.00
Natural Gas 0.00 0.00
Water/Sewer 20.00 20.00
Cable/Satellite/Internet 17.00 17.00
Telephone 80.00 80.00
Pood 200.00 200.00
Clothing'Bedding 30.00 30.00
Laundry 25.00 25.00
Medical & Dental After Reimbursement 128.00 75.00
Personal Grooming 13.00 15.00
Recreation/Entertainment 75.00 95.00
Car Payment 125.00 125.00
Gasoline 80.00 90.00
Auto Repairs/Maintenance 70.00 70.00
Auto Insurance/Road Service 42.00 42.00
Auto Licenses/Personal Property Tax 6.00 6.00
Renter’s Insurance 15.00 15.00
Health/Dental/Vision Insurance 60.00 60.00
Charitable Contributions 25.00 25.00
Office Supplies/Bank Charges 17.00 20.00
Interest Expense 9.00 0.00
Union Dues 4.00 0.00
InstallmenVCredit Card Payments 100.00 0.00
TOTAL: $1,901.00 $1,785.00

Based on this budget, Mr. Woody earned an insufficient amount to cover his monthly expenses in 2005, but managed to earn a meager surplus of $79 per month in 2006.

Mr. Woody was 58 years old at the time of his bankruptcy proceedings in 2005 and had saved what the bankruptcy court characterized as “a pittance” towards his future retirement expenses.4 He owned no real property, and his only personal property of significant value was a fifteen-year-old pickup truck with a rebuilt engine. The state of Mr. Woody’s health was not exemplary: he has heart disease and suffered a heart attack in 2000 which cost approximately $67,000 in medical expenses and precipitated his filing for bankruptcy.

B. Procedural History

In 2002, Mr. Woody filed for Chapter 7 bankruptcy and sought discharge of all of his student loan obligations. On July 12, 2005, the bankruptcy court held a hearing to determine the dischargeability of the 523 loans and the HEAL loan. Discharge of 523 loans is governed by the “undue hardship” standard at 11 U.S.C. § 523(a)(8), which provides that such loans may not be discharged “unless excepting such debt from discharge ... would impose an undue hardship on the debtor and the debtor’s dependents.... ” (Emphasis added).

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Bluebook (online)
494 F.3d 939, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woody-v-united-states-department-of-justice-ca10-2007.