Brown
Brown v. CitiBank, N.A. (In re Brown)
Opinion
Lead Opinion
Latham, J.
MEMORANDUM DECISION AND ORDER FINDING BAR STUDY LOAN TO BE AN EDUCATION LOAN, DENYING DEFAULT JUDGMENT, AND DISMISSING COMPLAINT
Before the court is Debtor-Plaintiff Pamela Marie Brown’s (“Brown”) motion for default judgment against Creditor-Defendant Citibank, N.A. (“Citibank”). Brown, a law school graduate, seeks a determination that her bar study loan from Citibank is not an education loan for bankruptcy purposes and so is dischargeable in the normal course. Her complaint does not allege undue hardship under § 523(a)(8). 1 The court finds that Brown is not entitled to default judgment and dismisses this adversary proceeding.
I. JURISDICTION AND VENUE
The court has jurisdiction over this adversary proceeding under 28 U.S.C. *856 §§ 1334 (b) and 157(b)(2)(I). Venue is proper under 28 U.S.C. § 1409 (a).
II. BACKGROUND
On September 19, 2014, Brown brought a voluntary Chapter 7 petition (Case No. 14-07464-CL7). Her Schedule F (Bankr. ECF No. 1, p. Í7) includes a September 5, 2008 obligation to “Citibank N.Y. State.” Brown’s schedules give no other description of the debt. And because this was a “no asset” case, no proofs of claim were filed. See Fed. É. Bankr. P. 2002(e). On…