Morgan v. CT Corporation et al

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
INELL F. MORGAN,
Debtor.
____________________________
INELL F. MORGAN,
Plaintiff,
v.
UNITED STUDENT AID FUNDS,
INC.,
Defendant.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. 03-02086
(Chapter 7)
Adversary Proceeding No.
04-10029
OPINION
The parties appeared before this court on May 10, 2005, for
a pretrial conference. The defendant agreed not to contest the
plaintiff's Statement of Indisputable Facts. Although not
agreeing to stipulate to those facts, the defendant agreed to
permit the court to decide the proceeding based on those facts.
The facts make out a case of undue hardship under 11 U.S.C.
§ 523(a)(8). The plaintiff's doctor states that the plaintiff
The decision below is signed as a decision of
the court.
Signed: May 10, 2005.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 04-10029 Doc 25 Filed 05/13/05 Entered 05/13/05 10:35:16 Desc Main
Document Page 1 of 2

2	O:\JUDGTEMP\Morgan vs United Student Decsn.wpd
“is a Chronic Renal Failure, Hemodialysis dependent patient with
Renal Ostodystrophy, morbid obesity and severe bilateral knees
and hip Osteoarthritis,” that “[s]he is wheelchair bound and
totally dependent for mobility,” and that she is “therefore
considered to be disabled for life.” Based on her current income
of $131 per month after paying for nursing home care and based on
limited assets, she cannot repay the debt owed the plaintiff
without the undue hardship of foregoing such ordinary necessities
as dental care, eye care, laundry, toiletries, and hair care, and
minimal incidental expenditures on newspapers and magazines.
This situation is likely to persist based on her permanent
disability.
A judgment follows declaring the debt to be dischargeable,
notwithstanding 11 U.S.C. § 523(a)(8), based on undue hardship.
[Signed above.]
Copies to:
All counsel of record.
Case 04-10029 Doc 25 Filed 05/13/05 Entered 05/13/05 10:35:16 Desc Main
Document Page 2 of 2