Judges: Per Curiam
Filed: Feb. 11, 2019
Latest Update: Mar. 03, 2020
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted February 11, 2019* Decided February 11, 2019 Before WILLIAM J. BAUER, Circuit Judge AMY C. BARRETT, Circuit Judge MICHAEL Y. SCUDDER, Circuit Judge No. 18-2762 TODD WILLIAMS, Appeal from the United States District Debtor-Appellant, Court for the Northern District of Illinois, Eastern Division. v. No. 1:18-cv-1917 UNITED STAT
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted February 11, 2019* Decided February 11, 2019 Before WILLIAM J. BAUER, Circuit Judge AMY C. BARRETT, Circuit Judge MICHAEL Y. SCUDDER, Circuit Judge No. 18-2762 TODD WILLIAMS, Appeal from the United States District Debtor-Appellant, Court for the Northern District of Illinois, Eastern Division. v. No. 1:18-cv-1917 UNITED STATE..
More
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted February 11, 2019*
Decided February 11, 2019
Before
WILLIAM J. BAUER, Circuit Judge
AMY C. BARRETT, Circuit Judge
MICHAEL Y. SCUDDER, Circuit Judge
No. 18‐2762
TODD WILLIAMS, Appeal from the United States District
Debtor‐Appellant, Court for the Northern District of Illinois,
Eastern Division.
v.
No. 1:18‐cv‐1917
UNITED STATES DEPARTMENT OF
EDUCATION and EDUCATIONAL Elaine E. Bucklo,
CREDIT MANAGEMENT Judge.
CORPORATION,
Defendants‐Appellees.
O R D E R
After filing for bankruptcy, Todd Williams sought to discharge student‐loan
debts owed to the United States Department of Education and the Educational Credit
Management Corporation. Despite three higher‐education degrees, his admitted ability
to work full time, and only modest expenses, he argued that repaying anything on his
loans would cause him undue hardship, and they should thus be discharged under
* We have agreed to decide this case without oral argument because the briefs
and record adequately present the facts and legal arguments, and oral argument would
not significantly aid the court. FED. R. APP. P. 34(a)(2)(C).
No. 18‐2762 Page 2
11 U.S.C. § 523(a)(8). The bankruptcy court denied Williams’s request, and the district
court affirmed. Because these rulings are not clearly erroneous, we affirm.
Williams racked up hundreds of thousands of dollars in student‐loan debt while
pursuing three different degrees. He began college in 1982 and, over the next three
decades, obtained a bachelor’s degree in mathematics, a master’s in communications,
and a master’s in business administration. He financed his degrees with student loans
and now owes the defendants more than $400,000 (approximately half to each). Despite
his degrees, during the last six years he has worked only part‐time as a seasonal worker
at a floral shop. He earns about $10,000 annually; his yearly expenses are about $7000
(he lives with his aunt), producing a net annual income of about $3000. After filing for
bankruptcy, he agreed with each defendant to a repayment plan that is based on his
income. His repayment plan with the Department of Education requires him to pay
nothing, and if his circumstances do not change for 25 years, the Department will
forgive any remaining balance on this loan. His plan with the Credit Management
Corporation is similar; no payment is required for 25 years (though the record does not
say whether any balance will then be forgiven). Williams has made only one payment
of $140 towards his debt over the last 30 years.
Student loans are presumptively excluded from discharge by 11 U.S.C. § 523,
but a debtor may overcome the presumption by showing that repayment would impose
an undue hardship. Id. § 523(a)(8). This circuit uses the so‐called Brunner test, under
which Williams, the debtor, must show that (1) he cannot maintain a minimal standard
of living if forced to repay the loans; (2) his circumstances are likely to persist for a
significant portion of the loan repayment period; and (3) he has made good faith efforts
to repay the loans. See In re Roberson, 999 F.2d 1132, 1135 (7th Cir. 1993) (citing Brunner
v. N.Y. State Higher Educ. Servs. Corp., 831 F.2d 395, 396 (2d Cir. 1987)).
The bankruptcy court decided that Williams did not meet his burden. Williams
argued that he suffers from learning and speech issues that impede his ability to secure
higher‐paying work. But he furnished no expert testimony to substantiate his point, he
admitted that nothing prevented him from working full time, and his outdated reports
from doctors about his health issues were excluded as hearsay. Applying the first prong
from Brunner, the court decided that, because Williams currently had nothing to pay, he
could “pay” his loan and still maintain a minimal standard of living. For the second
prong, the court observed that no admissible evidence suggested that Williams could
not use his degrees to improve his financial condition. On the third prong, the court
ruled that Williams had not made a good‐faith effort to repay the loans.
No. 18‐2762 Page 3
The district court concluded that this decision was not clearly erroneous. It
bypassed the first prong (because courts have split on whether a “payment” of zero
dollars qualifies as a loan payment for the purpose of determining whether a debtor can
maintain a minimal standard of living). But based on the other two prongs, it upheld
the refusal to discharge the student debts. It further rejected Williams’s novel argument
that three laws—the Rehabilitation Act, 29 U.S.C. § 701, the Americans with Disabilities
Act, 42 U.S.C. § 12132, and the Individuals with Disabilities Education Act, 20 U.S.C.
§ 1400—modify the undue‐hardship analysis for student‐loan discharge.
On appeal, Williams unpersuasively revives his argument that these three
statutes modify the undue‐hardship analysis for student‐loan discharge. These laws
regulate those who provide educational and other services or programs to the disabled;
they do not purport to modify the bankruptcy code. The correct inquiry for the
bankruptcy court was whether refusing to discharge Williams’s student‐loan debt
would impose an undue hardship, see 11 U.S.C. § 523(a)(8); Tetzlaff v. Educ. Credit Mgmt.
Corp., 794 F.3d 756, 758–59 (7th Cir. 2015). We will reverse the bankruptcy court only if
its determination was clearly erroneous. Id. at 759.
No clear error occurred here. If Williams continues what he has done for the last
6 years, which he concedes he can do, he need not pay anything on his debts for the
next 25 years, at which point at least half the debt will be forgiven. That suggests no
hardship. But, like the district court, we can bypass that point. If Williams failed to meet
his burden on any of the Brunner prongs, then the bankruptcy court permissibly denied
the discharge. See Tetzlaff, 794 F.3d at 758–60. And Williams failed to provide any
admissible evidence of a good‐faith effort to repay his student loans. See id. at 760–61.
We look to his past efforts to pay down his loan, “rather than a resolve to pay the debt
in the future.” See Krieger v. Educ. Credit Mgmt. Corp., 713 F.3d 882, 884 (7th Cir. 2013).
Those efforts were virtually non‐existent. Despite his three degrees and his admitted
ability to work full‐time, he has worked only part‐time in a floral shop for the last six
years. No admissible evidence explains the lack of higher‐income work or why he has
not, with about $3000 of annual net income, paid more than $140 toward lowering his
debts. He contends that the bankruptcy court erred by excluding written reports
describing past disabilities, but the court properly excluded them as hearsay. See FED. R.
EVID. 801. The bankruptcy court thus permissibly ruled that Williams will not face
undue hardship if his student‐loan debts are not discharged. See Tetzlaff, 794 F.3d at 761.
AFFIRMED