Bennett v. American Student Assistance (In re Young)
Bennett v. American Student Assistance (In re Young)
Opinion of the Court
ORDER AWARDING A DEFAULT JUDGMENT AGAINST DELTA MANAGEMENT ASSOCIATES, INC., DISMISSING THE CLAIMS AGAINST AMERICAN STUDENT ASSISTANCE, AND SETTING FOR TRIAL THE ISSUES AS TO EDUCATIONAL CREDIT MANAGEMENT CORP.
This matter is before the Court on the Complaint of Cynthia M. Bennett
FACTS
Ms. Bennett obtained a guaranteed student loan from American Student Assistance.
Ms. Bennett filed for relief pursuant to chapter 7 of the Bankruptcy Code on February 26, 1996. Bennett listed the loan in schedule F of her petition as an unsecured nonpriority claim and alleged that it was over seven years old. Bennett did not file an adversary proceeding to determine the dischargeability of the debt. On June 6, 1996 the Court entered an order discharging the debtor.
In August 2000, Delta Management Associates, Inc. (“Delta”) demanded payment from Ms. Bennett in the amount of $6,045.78 for her student loan debt. The demand notice stated that she must act by September 5, 2000 or her wages would be garnished. The notice also stated that Ms. Bennett would have the opportunity to inspect and/or request copies of records relating to her debt and that basic information about her debt would be provided free of charge “along with our response to your hearing request.” By letter dated August 24, 2000, Bennett’s counsel notified Delta of Ms. Bennett’s discharge and that the loan debt “was over the required age for discharge” at the time the case was filed. Bennett and her counsel received no response from Delta. In September 2000, Delta entered an administrative garnishment against Bennett’s wages without ob-taming permission from this Court. On October 25, 2000, Ms. Bennett filed this adversary proceeding. The complaint was served on Delta and American Assistance by certified mail return receipt requested on November 2, 2000. The return receipt from Delta was postmarked November 9, 2000, and the return receipt from American Student Assistance was hand dated November 7, 2000. Delta assigned the debt to ECMC on November 9, 2000 and ECMC answered the complaint on November 27, 2000. ECMC’s appearance in this matter is limited to defense of the claim that the debt was discharged. ECMC stated it assumes no liability for any action or inaction by Delta for violations of the Fair Debt Collection Practices Act. Delta and American Student Assistance have failed to appear or answer the complaint or provide Ms. Bennett or this Court with any documentation of the debt. Counsel for Ms. Bennett, Franklin V. Anderson, expended a total of seven hours representing Ms. Bennett in this matter.
LAW
Ms. Bennett’s complaint sought damages for violation of the discharge injunction and violation of the Fair Debt Collection Practices Act. At trial, the Debtor dismissed the discharge violation claim against American Student Assistance and Delta and proceeded only on the Fair Debt Collection Practices Act claim against Delta.
Section 809(a) of The Fair Debt Collection Practices Act requires a creditor, within five days after the initial communi
Section 813 of the Fair Debt Collection Practices Act provides civil liability for actual damages sustained as a result of a violation of the act. Section 813 limits the amount of liability to $1,000 for an individual. Ms. Bennett’s attorney’s fees incurred for this matter total $ 1,050. Therefore her actual damages are in excess of the limit and the full $1,000 limit should be awarded.
THEREFORE, IT IS ORDERED AND ADJUDGED:
1. Cynthia M. Bennett is awarded a default judgment against Delta Management Associates, Inc. in the amount of $1,000.
2. The complaint against American Student Assistance is dismissed with each party to bear its own costs.
3. The trial of the complaint against Educational Credit Management Corporation is set for May 22, 2001 at 10:00 a.m.
. Cynthia M. Bennett is the named plaintiff in this case. She was previously known as Cynthia Marie Young.
. Since Delta management is the collection agent and ECMC is the assignee, the Court assumes American Student Assistance was the original lender to Ms. Bennett.
. One hour was subtracted to account for the fact that the two hour hearing on this matter involved defendants American Student Assistance and Educational Management Corp. as well as Delta.
. The dismissal of the discharge violation came after the Court ruled as to ECMC that there was no discharge violation since no suit to determine dischargeability of the debt had yet been filed.
Reference
- Full Case Name
- In re Cynthia Marie YOUNG, Debtor. Cynthia M. Bennett v. American Student Assistance, Delta Management Associates, Inc., Educational Credit Management Corp.
- Status
- Published