The following student loan bankruptcy adversary case filing is presented here to help others dealing with the same issues.
Case Location: United States Bankruptcy Court, S.D. New York
Summary of Document Filed:
Adversary case 18-01874. Complaint against United States Department of Education (Fee Amount $ 350.). Nature(s) of Suit: (63 (Dischargeability – 523(a)(8), student loan)) Filed by Anthony M. Vassallo on behalf of Robin A Lynn. (Vassallo, Anthony) (Entered: 12/31/2018) 31 December 2018 PACER Document 18-01874-mew Doc 1 Filed 12/31/18 Entered 12/31/18 14:17:21 Main Document Pg 1 of 6 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ———————————————————–X In re: ROBIN A. LYNN, Chapter 7 Debtor. Case No. 18-11230 (MEW) ———————————————————-X ROBIN A. LYNN, Adv. Pro. No. _______ Plaintiff v. UNITED STATES DEPARTMENT OF EDUCATION (USDE), Defendant. ———————————————————X ADVERSARY PROCEEDING TO DETERMINE DISCHARGEABILITY OF STUDENT LOAN ROBIN A. LYNN (the “Debtor” herein) complains of the above defendant and respectfully alleges as follows: BACKGROUND AND NATURE OF THE ACTION 1. On April 30, 2018, the Debtor filed a voluntary petition for protection under Chapter 7 of the United States Bankruptcy Code in this Court. 2. Kenneth P. Silverman was appointed as the trustee. The Debtor attended her section 341 meeting on June 5, 2018. The meeting was closed on that date. 3. The Debtor now brings the instant adversary proceeding, seeking to have her student loan obligation to the United States Department of Education. (“USDE”) declared to be dischargeable in her current bankruptcy as an undue hardship pursuant to 11 U.S.C. § 523(a)(8) and Rules 4007 and 7001(6) of the Federal Rules of Bankruptcy Procedure. 18-01874-mew Doc 1 Filed 12/31/18 Entered 12/31/18 14:17:21 Main Document Pg 2 of 6 JURISDICTION & VENUE 4. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1334. 5. This action is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(i). This Court has jurisdiction by virtue of the aforementioned Bankruptcy Code and Bankruptcy Rules to determine the dischargeability of the Debtor’s educational loan. THE PARTIES 6. Debtor is an individual residing at 55 West End Avenue, New York, NY. 7. USDE is a governmental agency that, among other things provides student loans). 8. is a leading provider of asset management and business processing solutions for education, healthcare, and government clients at the federal, state, and local levels. BACKGROUND 9. Debtor Robin A. Lynn received a B.A. in Media Studies from Hunter College and an M.A. in Media Studies from The New School. Debtor has devoted much of her professional life to working in the not-for-profit sector. This is not a lucrative employment sector in terms of compensation, although personally satisfying. 10. The Debtor presently works in assisting the online platform for a not-for-profit educational institution, The New School, where she has worked for 7 years. 11. To fund her education at Hunter College, Debtor borrowed approximately $35,527 from USDE. The Debtor’s loan is serviced by Navient Solutions, Inc. (“Navient”). To the best of her knowledge, Debtor made payments on her loan totaling $10,000, until she faced a lengthy period of employment after September 11, 2001. The loan’s balance now has ballooned to $86,889.95, more than double the original principal loan amount. 2 18-01874-mew …