Appendix E Trial
| Jurisdiction | United States |
Appendix E: Trial
In re:[REDACTED] Debtor
[REDACTED] Debtor-Plaintiff
vs.
U.S. DEPARTMENT OF EDUCATION, Creditor-Defendant.
Case No. [REDACTED]
Chapter 7 Bankruptcy
Adversary No. [REDACTED]
Judge:[REDACTED]
MOTION FOR leave TO FILE EXPERT REPORT
NOW COMES the Plaintiff, [REDACTED] through counsel, and files her motion for leave to file expert report, as follows.
1. Plaintiff is disadvantaged in this adversary through her inability to retain an expert witness, due to her inability to pay expert witness fees and travel expenses - Section 523(a)(8)'s catch-22. A person seeking the fresh start intended by Congress through a Chapter 7 bankruptcy has less (and obstructed) access to justice and the court system than other litigants due to the financial inability to retain an expert witness of her choice, an almost insurmountable obstacle for most debtors.
2. Only in late January 2013 did Plaintiff locate an expert who is in Chicago and is willing to testify without charging a fee. Plaintiffs counsel told Defendant's counsel that Plaintiff would be calling an economist, and it was agreed between counsel that the expert report would be provided via email delivery.
3. Counsel for Plaintiff relied upon Defendant's counsel's agreement to receive the expert report via email, and provided the report to Defendant's counsel on February 2, 2013 (rather than February 1, 2013, due to some computer issues at Plaintiff's counsel's end). Through inadvertence of Plaintiff's counsel, the report was not filed with the court until February 18, 2013.
4. In two emails, Plaintiff's counsel asked Defendant's counsel if Defendant's counsel had an objection to the late filing of the Plaintiff's expert report.
5. Defendant's counsel did not express any objection or opposition to the late filing of Plaintiff's expert's report.
6. The Plaintiff's expert report was previously provided (via email) to Defendant's counsel, and Defendant has not asked for the deposition of Plaintiff's expert, despite at least three emails, asking specifically if Defendant wanted to schedule the deposition, and to provide dates for such deposition. Defendant has not requested or scheduled this deposition.
7. No prejudice, harm or delay will occur as a result of the late filing of Plaintiff's expert's report, and the same report was provided to Defendant's counsel on February 2, 2013.
WHEREFORE, Plaintiff respectfully requests entry of an order granting her leave to file her expert report on February 18, 2013.
Respectfully submitted,
/s/[REDACTED]
By: [REDACTED] attorney for Plaintiff
IN RE: [REDACTED] Debtor.
__________ [REDACTED] Plaintiff,
v.
United States Department of Education; and Collector Corp., Defendants.
Case No. [REDACTED]
Chapter 7
Adv No.[REDACTED]
Judge[REDACTED]
Pursuant to the court's order of January 29, 2013, the following is the United States Department of Education's list of the witnesses and exhibits it may offer into evidence.
Witnesses
[REDACTED]
[REDACTED]
[REDACTED]
Other Senior Loan Analyst
United States Department of Education
[REDACTED]
[REDACTED]
Exhibit No. Description
1. National Direct Student Loan Promissory Note for $250 of Sept 26, 1985;
2. National Direct Student Loan Promissory Note for $250 of Dec 19, 1985;
3. National Direct Student Loan Promissory Note for $650 of Sept 3, 1986;
4. National Direct Student Loan Promissory Note for $650 of January 8, 1987;
5. Perkins Promissory Note for $1200 of October 5, 1987;
6. Perkins Promissory Note for $1200 of December 17, 1987;
7. Perkins Promissory Note for $525 of May 2, 1988;
8. Perkins Promissory Note for $525 of June 22, 1988;
9. Perkins Promissory Note for $900 of Sept 1, 1988;
10. Perkins Promissory Note for $900 of Dec 20, 1988;
11. Assignment of Perkins Loan Program of May 19, 1997, balance of $7,356.40;
12. Assignment of Perkins Loan Program of May 19, 1997, balanceof$3,413.24;
13. Guaranteed Student Loan Interim Promissory Note for $830 of Dec 1, 1986;
14. Guaranteed Student Loan Interim Promissory Note for $550 of March 3, 1987;
15. Guaranteed Student Loan Application and Promissory Note of Oct. 7, 1988;
16. Warranty Deed for [REDACTED] of July 16, 2004, purchased for $95,000, recorded as document [REDACTED];
17. Illinois Housing Development Authorities' Recapture Agreement for $2,500 of July 16, 2004, recorded as document [REDACTED];
18. Neighborhood Lending Services, Inc's Deferred Forgivable Mortgage for [REDACTED] of July 16, 2004, for $21,000, recorded as document [REDACTED];
19. University of Chicago Forgiveable Loan Agreement for $7,500, recorded as document [REDACTED]
20. Satisfaction/Discharge of Mortgage Defen'ed Forgivable Mortgage for [REDACTED] of July 16, 2004, granted by in favor of the Neighborhood Lending Services, Inc., in the sum of $21,000; recorded as document [REDACTED];
21. Illinois Housing Development Authorities, Recapture Agreement for $25,000 of October 20, 2011; recorded as document [REDACTED];
22. Garnishment Hearing Decision of September 20, 2007, with Financial Disclosure Statement, supporting documents and Administrative Wage Garnishment Hearing Financial Hardship Calculation Worksheet;
23. 2008 Federal Income Tax Return with Supporting Schedules;
24. 2009 Federal Income Tax Return with Supporting Schedules;
25. Payment Detail Screen (Rl04) - payments for period August 7, 2001 to Nov. 12, 2009;
26. Accounting of Plaintiff, [REDACTED]s Loan History NDSL & FFELP Loans;
27. Bankruptcy petition and schedules in the case, In re [REDACTED] [REDACTED]
28. Reaffirmation Agreement Cover Sheet and Reaffirmation Documents of November 21, 2011.
29. Plaintiff Answers to Compelled Requests for Production of November 21, 2012.
[REDACTED]
United States Attorney
By:/s/[REDACTED]
Assistant United States Attorney
[REDACTED]
[REDACTED]
[REDACTED]
In re:[REDACTED] Debtor
__________ [REDACTED] Debtor-Plaintiff
vs.
U.S. DEPARTMENT OF EDUCATION, Creditor-Defendant.
Case No. [REDACTED]
Chapter 7 Bankruptcy
Adversary No.[REDACTED]
Judge:[REDACTED]
Plaintiff, [REDACTED] through counsel, [REDACTED]files her list of witnesses who will be called to testify at the trial in the above matter.
Plaintiff, [REDACTED] and economist, [REDACTED]also, the following people may be called as adverse/hostile witnesses, all of whom are believed to be current employees of the Defendant, Dept. of Education, at its midwest regional office located at [REDACTED] [REDACTED] [REDACTED] [REDACTED]-[REDACTED] [REDACTED] [REDACTED] [REDACTED] [REDACTED] [REDACTED] [REDACTED] or, Supervisor/Person with most knowledge of Plaintiff's AWG file, documents submitted, hearings, and determinations.
Respectfully submitted:
__________/s/__________
By:[REDACTED]
[REDACTED]
[REDACTED]
[REDACTED]
[REDACTED]
[REDACTED]
In re:[REDACTED] Debtor
__________ [REDACTED] Debtor-Plaintiff
vs.
U.S. DEPARTMENT OF EDUCATION, Creditor-Defendant.
Case No.[REDACTED]
Chapter 7 Bankruptcy
Adversary No.[REDACTED]
Judge:[REDACTED]
Plaintiff, [REDACTED] through counsel, [REDACTED] files her list of exhibits, and separately serves copies of all referenced exhibits upon counsel for Defendant in PDF format contained on a CD that is being served upon counsel.
(continued on next page)
| Exhibit# | Title or Description |
| 001 | 2008-2010 IRS taxes and W2s |
| 002 | IRS 1040's, amended |
| 003 | 2011 Federal taxes |
| 004 | MVCC pay stub |
| 005 | MVCC DTP brochure |
| 006 | MVCC brochure pages/shows |
| 007 | Plaintiff's employment history 1985-now |
| 008 | APJ left University of Chicago |
| 009 | Bureau of Labor Statistics (Prepress, Artist) |
| 010 | Chicago Career Tech email |
| 011 | Job hunt, older clippings, notes, etc. |
| 012 | Job hunt log (06/18/12) |
| 013 | Job hunt log (11/17/12) |
| 014 | Illustrative Exhibit: Sixty-(plus) University of Chicago job applications |
| 015 | University of Chicago rejection emails (7) |
| 016 | University of Chicago rejection emails (3) |
| 017 | DHS LINK letter (to May 2013) |
| 018 | updated budget ($200) |
| 019 | Stroger hospital bills |
| 020 | AWG Financial Statement (showing 2012/current info/income) |
| 021 | (undated) Financial Disclosure Statement |
| 022 | 11/14/06 Financial Disclosure Statement |
| 023 | 11/14/06 Copies of bills/receipts |
| 024 | 07/12/07 Financial Disclosure Statement |
| 025 | 08/22/07 Financial Disclosure Statement |
| 026 | 03/31/08 Copies of bills/receipts |
| 027 | IHDA housing payment letter |
| 028 | Real estate email, real estate estimate |
| 029 | Condo association repairs, letter |
| 030 | Electrical repairs, $875 estimate |
| 031 | Condo assessment increases |
| 032 | NHS letter offering 4.7% mortgage rate |
| 033 | Tax assessment appeal acknowledgment letter 10/14/09 |
| 034 | Cook county property taxes, increase |
| 035 | Federal Student Loans Programs Data Book, Glossary of terms |
| 036 | "Chapter One" (2007-03-08) |
| 037 | Repayment Booklet |
| 038 | Illustrative Exhibit: Definitions - Webster's (significant portion, repay. Period) |
| 039 | TPD 3-year post-hardship monitoring (disabilitydischarge.com) |
| 040 | S.O.W.: Statement Of Work 2008 Collections Contract |
| 041 | Ensuring Student Loan Repayment |
| 042 | 05/10/93 demand letter, Univ. of MI $12,010.37 |
| 043 | "Borrower Inquiry", five PAID loans |
| 044 | Mi guaranty Indemnification Agreement (missing notes) |
| 045 | U-M statement, loans paid |
| 046 | Illustrative Exhibit: $2.36/day added consistently |
| 047 | Loan payment amounts |
| 048 | to 08/03/07 "Account Payments" |
| 049 | 1997 U-M... |
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