August 8, 2018
Background as to Debtor:
- Enrolled in Southern Illinois University from 1982 – 1985 but did not graduate
- Completed his undergraduate studies at Arizona State University and earned a bachelor’s degree in mathematics and statistics in 1989.
- Obtained a Master of Business Administration from University of Texas in 1995.
- In 2010 the debtor received a Master of Art in Communications from Governor’s State University.
- Education was 100% financed.
- Only paid back $140 of his student loan debts and was on a zero-pay plan due to his low wages.
- Filed for Chapter 7 Bankruptcy in November 2015
- Only worked at a flower shop during the Spring, lived with his Aunt and only contributed to household expenses.
- Was 52 years old and after paying expenses had discretionary income.
- Petitioned the Court that his Student Loan debt should be discharged as part of his bankruptcy.
- Claimed he had a learning disability which affected his speech and suffered anxiety.
- Debtor’s representation of himself and written papers to the Court were very clear and well done.
- Although the Debtor stuttered at times, he presented his case well and was very clear.
- Debtor even argued evidentiary objections at the pretrial conference.
- Debtor was very well prepared in the case and organized in his legal arguments.
- Court found that there is no basis for concluding that with his advanced degrees and capable pro se representation, the Debtor lacks marketable job skills.
- Debtor did not make any good faith effort to repay the student lean and gave no explanation to the Court.
- Debtor’s student loans were not excepted from discharge; he owed the student loans in full.
- Debtor was underemployed due to self-imposed restrictions.