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Robert Abraham Dalton
5 years ago
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1 Case -0-TWD Doc Filed 0// Ent. 0//:: Pg. of Page of Thomas K. Atwood SB # Hon. Karen A Overstreet Chapter: SE th St -- Attorney for debtor(s IN RE: UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE JULIE ANN BRADFORD JULIE ANN BRADFORD v. Plaintiffs Debtor(s. SALLIE MAE EDUCATION CREDIT FINANCE CORPORATION; SALLIE MAE INC; NORTHWEST EDUCATION LOAN ASSOCIATION; WELLS FARGO EDUCATIONAL FINANCIAL SERVICES, A DIVISION OF WELLS FARGO BANK NA; US DEPT OF EDUCATION; VL FUNDING; EDUCATIONAL CREDIT MANAGEMENT CORPORATION Defendant(s ADV NO: CASE NO. 0-0-KAO COMPLAINT TO DETERMINE DISCHARGEABILITY OF STUDENT LOANS Plaintiff/debtor JULIE ANN BRADFORD, by and through counsel, brings her complaint against defendant(s SALLIE MAE EDUCATION CREDIT FINANCE CORPORATION; SALLIE MAE INC; NORTHWEST EDUCATION LOAN ASSOCIATION; WELLS FARGO EDUCATIONAL FINANCIAL SERVICES, A DIVISION OF WELLS FARGO BANK NA; WELLS FARGO EDUCATIONAL ; US DEPT OF EDUCATION; VL FUNDING; EDUCATIONAL CREDIT MANAGEMENT CORPORATION and alleges as follows.

2 PARTIES, JURISDICTION AND VENUE. This action is brought to determine dischargeability of educational/student loans pursuant to USC (a(. This action is a core proceeding pursuant to USC Section (b((i, subject matter jurisdiction is present via USC and, and venue is proper pursuant to USC 0(a.. Plaintiff JULIE ANN BRADFORD is a single person and the debtor in Chapter case 0-0-KAO, filed on August, 0 with discharge issued September,. Defendants SALLIE MAE EDUCATION FINANCE CREDIT CORPORATION; SALLIE MAE INC; NORTHWEST EDUCATION LOAN ASSOCIATION; WELLS FARGO EDUCATIONAL FINANCIAL SERVICES, A DIVISION OF WELLS FARGO BANK NA; US DEPT OF EDUCATION; VL FUNDING; EDUCATIONAL CREDIT MANAGEMENT CORPORATION are lenders, guarantors, holders and servicers associated with educational/student loan funding. FACTS. Debtor is a year old female (turning on October, who incurred student loan debt primarily between 0 and 0. There are $,. in student loan claims filed in the present case among claimants. Debtor attended Everett Community College and Edmonds Community College, and earned her Associates of Technical Arts ( year in Accounting with a bookkeeping certificate. However, debtor suffers from medical conditions including Fibromyalgia that interfere with work, and she was unable to find employment in that field. Thomas K. Atwood WSBA # SE th St Case -0-TWD Doc Filed 0// Ent. -- 0//:: Pg. of Page of Fax: -0-

3 Debtor works full time as she is able as a licensing agent for a vehicle licensing service in Seattle. Debtor was able to finish her Chapter and obtain her discharge.. Debtor's budget shows gross income of $0. per month, net of $. and expenses of $.0 for net disposable income of $.. However, debtor is having additional health issues that may lower her ongoing disposable income, as well as attorney fees for this adversary. Debtor submits there are no funds available for creditors at this time.. It will be impossible for debtor to service the outstanding $,. in educational loans moving forward, and with her health issue and age, there is little chance her income will substantially improve in the future.. The filed and allowed loans believed at issue under USC (a( are: Claim #0 - Northwest Education Loan Association - NELA Amount: $,. Claim #0 - Wells Fargo Education Financial (assigned to Educational Credit Management Corporation Amount: $,. Claim #0 - VL Funding, c/o Sallie Mae Inc Amount: $,. Claim #0 - Salle Mae ECFC Amount: $0,0. Thomas K. Atwood WSBA # SE th St Case -0-TWD Doc Filed 0// Ent. -- 0//:: Pg. of Page of Fax: -0-

4 Debtor requests a reservation to amend and/or add defendants as other student loan, guarantee or assignment creditors become apparent, or to identify and name true parties in interest. CAUSE OF ACTION. Incorporate paragraphs through herein.. Debtor seeks a determination by this Court that excepting the above educational/student loans from discharge would impose an undue hardship on the debtor pursuant to USC (a(, and that after such determination deems the educational/student loans as discharged. United Student Aid Funds v. Pena (In re Pena, F.d 0 (th Cir. citing In re Brunner, B.R. (S.D.N.Y.. PRAYER FOR RELIEF. Debtor respectfully requests that the Court make a finding of undue hardship pursuant to USC (a( and enter judgment deeming the educational/student loans as discharged in full.. In the alternative if full discharge is not available, debtor requests an equitable finding for a partial discharge, following Saxman v. Educ. Credit Mgmt. BJR Corp. (In re Saxman, F.d, (th Cir. Wash. 0. Thomas K. Atwood WSBA # SE th St Case -0-TWD Doc Filed 0// Ent. -- 0//:: Pg. of Page of Fax: -0-

5 . Other such relief as the Court deems just, equitable and appropriate. Respectfully submitted, September, DATED /s/ Thomas K. Atwood Thomas K. Atwood Attorney for debtors(s Thomas K. Atwood WSBA # SE th St Case -0-TWD Doc Filed 0// Ent. -- 0//:: Pg. of Page of Fax: -0-

From Article at GetOutOfDebt.org

From Article at GetOutOfDebt.org Case 512-ap-00007-RNO Doc 1 Filed 01/09/12 Entered 01/09/12 163626 Desc Main Document Page 1 of 6 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE CHAPTER 7 STANLEY GLEASON