Shells
Shells v. United States Department of Education (In re Shells)
Opinion
Lead Opinion
Jaime, J.
MEMORANDUM DECISION ON MOTION FOR SUMMARY JUDGMENT
INTRODUCTION
The defendant, the United States acting on behalf of its agency — the United States Department of Education, seeks summary judgment on plaintiff Tangerie Shells’ 11 U.S.C. § 523 (a)(8) claim seeking to discharge a student loan. Plaintiff has filed a response to the motion for summary judgment.
Plaintiff is a 47 year-old social worker. She has a bachelor’s and a master’s degree in social work which .she financed with’ the subject student loan. Plaintiff filed a chapter 7 bankruptcy on March 11, 2011. She received a discharge on June 27, 2011. Plaintiffs student loan was not discharged under § 523(a)(8). Plaintiff reopened her chapter 7 case on April 8, 2014. She filed this adversary proceeding on April 24, 2014.
Because the material facts are not in dispute and because under those undisputed facts plaintiff cannot establish an “undue hardship” as a matter of law, the defendant’s motion for summary judgment will be granted.
STATEMENT OF FACTS
The subject of this- action is a student loan that plaintiff used to finance her education and obtain a bachelor’s and master’s degree in social work. In March of 2007,…