Woody v. United States Department of Justice (In re Woody)

345 B.R. 246, 2006 Bankr. LEXIS 1808
CourtBankruptcy Appellate Panel of the Tenth Circuit
DecidedJune 16, 2006
DocketBAP Nos. KS-05-124, KS-05-125; Bankruptcy No. 02-21662-7; Adversary Nos. 02-6095, 02-6096
StatusPublished

This text of 345 B.R. 246 (Woody v. United States Department of Justice (In re Woody)) is published on Counsel Stack Legal Research, covering Bankruptcy Appellate Panel of 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 (In re Woody), 345 B.R. 246, 2006 Bankr. LEXIS 1808 (bap10 2006).

Opinion

OPINION

BOHANON, Bankruptcy Judge.

The United States Department of Justice and the United States Department of Education (collectively, the “Creditors”), timely appeal a final judgment entered by the United States Bankruptcy Court for the District of Kansas discharging the Chapter 7 debtor’s Department of Education student loans (the “523 Loan”) pursuant to the “undue hardship” provision in 11 U.S.C. § 523(a)(8), and debtor’s Health Education Assistance Loan (the “HEAL loan”) pursuant to the “unconscionable” provision in 42 U.S.C. § 292f(g).1 The parties have consented to this Court’s jurisdiction because they have not elected to have the appeal heard by the United States District Court for the District of Kansas.2 For the reasons stated below, the bankruptcy court’s Judgment is AFFIRMED.

1. Background

Between 1979 through 1983, Larry Lee Woody, the debtor (“Woody” or “debtor”), obtained a series of loans to assist him in procuring a chiropractic degree.3 Woody obtained two different types of student loans. The first type of loan is governed by the dischargeability standard under § 523(a)(8) and the second type is governed by the HEAL program. The original aggregate principal debt on the 523 loan is $25,000 with interest accruing annually at 7% or $4.54 per day. The original principal debt on the HEAL loan is $4,700 with interest accruing annually at 4.550% or $2.31 per day. By July 12, 2005, Woody owed more than $53,000 on the 523 Loan and more than $18,750 on the HEAL loan.

Woody failed to complete the curriculum to receive a chiropractic degree. He had [251]*251approximately one and one half semesters left to complete his degree, but discontinued his studies in 1983. Woody has never worked as a chiropractor.

From 1998 until early 2001, Woody held a number of temporary positions and collected unemployment compensation, presumably during the periods he was eligible to do so. With the exception of two years with no income, Woody’s annual income, while varying considerably, rarely surpassed $15,000. The record does not suggest that Woody quit or was fired from any of the temporary positions he held or that he has otherwise abused his right to collect unemployment benefits.

In May 2002, Woody filed Chapter 7 bankruptcy. Woody’s bankruptcy was precipitated by a heart attack in 2000 when he incurred substantial medical bills (approximately $67,000).4

On October 7, 2002, Woody filed two complaints seeking to discharge his student loan debts. In one, he sought to discharge his 523 loan debt to the DOE alleging “undue hardship” under 11 U.S.C. § 523(a)(8). In the other, he sought to discharge his HEAL loan under the “un-conseionability” standard of 42 U.S.C. § 292f(g).5

On July 12, 2005, the bankruptcy court held a trial on the two adversary proceedings. The bankruptcy court found from the evidence that Woody was 58 years old, single with no dependents; that he was employed full-time by the Internal Revenue Service (“IRS”) with an annual salary of approximately $38,000;6 that it is unlikely Woody’s income will increase materially, either by promotion or other means, over the amount he is now earning; that his monthly net income was $1,856 and his monthly expenses were $1901; that for 2006, his projected monthly net income increased to $1,864 and his monthly expenses decreased to $1,785; that Woody owns no real property and virtually no personal property of note except for a 15 year-old pickup truck with a rebuilt engine, his retirement accounts (worth approximately $3,000),7 and an insurance policy with cash value; and that he paid $995.00 toward his 523 loan through Treasury Department offsets and made one payment of $484.48 toward his HEAL loan in 1987.

At the conclusion of the trial, the bankruptcy court announced its ruling. With respect to the 523 loan, the bankruptcy court held that Woody had demonstrated by a preponderance of the evidence that it would be an undue hardship on him if he were required to repay the 523 loan.8 With respect to the HEAL loan, the bankruptcy court entered an order of partial discharge of the loan, finding that it would be unconscionable for Woody to pay anything more than the original principal on the loan.9

[252]*252On December 15, 2005, the bankruptcy court issued a memorandum opinion and order supplementing its oral findings and conclusions.10 The bankruptcy court concluded that “[Woody] has satisfied his burden and is entitled to discharge, in their entirety, [of] both the 523 Loan and the HEAL Loan.”11 The bankruptcy court noted that upon further consideration, a partial discharge of the HEAL loan was inappropriate since the nondischarge of any portion of the HEAL loan would be unconscionable under the facts and circumstances of the case.

On December 22, 2005, judgment in favor of Woody was entered in both adversary cases. Creditors timely appealed to this Court the bankruptcy court’s final Judgment in favor of the debtor.

II. Discussion

A. The 523 Loan
I. Standard of Review

A decision that repayment of student loans constitutes an undue hardship is a question of law subject to de novo review.12 The underlying factual determinations, however, must be accepted unless they are clearly erroneous.13 “A finding is ‘clearly erroneous’ 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.”14

2. Merits15

Section 523(a)(8) excepts from the Chapter 7 discharge any debt “for an educational ... loan made, insured, or guaranteed by a governmental unit,” “unless excepting such debt from discharge under this paragraph would impose an undue hardship on the debtor and the debtor’s dependents ....”16 That Woody’s student loan debt owed to the DOE falls within this section is undisputed. The only issue on appeal is whether the bankruptcy court erred in concluding that excepting the debt from discharge under § 523(a)(8) would impose an “undue hardship.”

The phrase “undue hardship” is not defined in the Bankruptcy Code. As correctly noted by the bankruptcy court, the Tenth Circuit in Educational Credit Management Corp. v. Polleys,17 adopted, with some limitations, a test originally established by the Second Circuit in Brunner v. New York State Higher Education Services Corp.18 for determining whether repayment of student loans imposes an “undue hardship” within the meaning of § 523(a)(8). Under the Brunner

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345 B.R. 246, 2006 Bankr. LEXIS 1808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woody-v-united-states-department-of-justice-in-re-woody-bap10-2006.