UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF KENTUCKY
ASHLAND DIVISION
IN RE:
PAUL PLEAS JORDAN
SHELIA SUE JORDAN
DEBTORS CASE NO. 91-00217
PAUL PLEAS JORDAN
SHELIA SUE JORDAN PLAINTIFFS
VS. ADV. NO. 91-1179
MOREHEAD STATE UNIVERSITY DEFENDANT
MEMORANDUM OPINION
This matter is before the Court on the plaintiffs' Motion for Summary Judgment that a $1600.00 debt to the defendant Morehead State University for a student loan should be discharged pursuant to 11 U.S.C.
'523(a)(8)(B). This Court has jurisdiction of this matter pursuant to 28 U.S.C. '1334(b); it is a core proceeding pursuant to 28 U.S. '157(b)(2)(I).The sole issue before this Court is whether repayment of the student loan debt would impose a hardship upon the debtors and their dependents. An affidavit filed by plaintiff Shelia Sue Jordan states that plaintiff Paul Pleas Jordan has been declared permanently and totally disabled by the Social Security Administration, and that he receives $701.00 per month in disability benefits thereby. Shelia Sue Jordan and the couple's two children each receive $122.00 per month in dependents' benefits. The total income for the family is therefore $1,067.00 per month. The family's monthly expenditures total $1,149.44, including $200.00 per month for medical and drug expenses.
Shelia Sue Jordan has further stated that their son has developed benign head tumors which cause severe back pain and headaches requiring daily medication. She states that application has been made for SSI disability benefits for their son, and that they are awaiting an ALJ hearing on this application. She further states that her own health is poor, that she suffers from irritable bowel disorder and experiences constant stomach and abdominal pain. She states that she has been prescribed three medications for her own medical problems, but that she has not obtained these medications because they would cost $125.00 per month, and the family cannot afford the expense. She states that she is not able to work because of her medical problems and the constant care she must provide to her husband and son.
The facts as stated by plaintiff Shelia Sue Jordan are uncontroverted by the defendant Morehead State University, and in the opinion of this Court, establish that repayment of the subject student loan would impose a hardship upon the debtors and their dependents. The debt should therefore be discharged pursuant to 11 U.S.C.
'523(a)(8)(B). This Court will enter a separate Order sustaining the plaintiffs' Motion for Summary Judgment.Entered this ____day of February, 1992.
By the Court -
_______________________________
Judge
Copies to:
Beth Lewis Maze, Esq.
Morehead State University
mjordan.opi