Appendix D Motion for Summary Judgment
| Jurisdiction | United States |
Appendix D: Motion for Summary Judgment
IN RE: [REDACTED] Debtor
[REDACTED] Plaintiff,
v.
IOWA STUDENT LOAN LIQUIDITY CORPORATION and EDUCATIONAL CREDIT MANAGEMENT CORPORATION, Defendants.
Bankruptcy No.[REDACTED]
Adversary No.[REDACTED]
DEFENDANTS' JOINT MOTION FOR SUMMARY JUDGMENT
Defendants Iowa Student Loan Liquidity Corporation ("Iowa Student Loan") and Educational Credit Management Corporation (ECMC), by and through their respective undersigned counsel, submit this Joint Motion for Summary Judgment. A brief in support of this motion, a statement of undisputed facts, and a supporting appendix are filed contemporaneously with this motion.
[REDACTED]
[REDACTED]
By:__________
[REDACTED] [REDACTED]
[REDACTED]
[REDACTED]
[REDACTED]
[REDACTED]
[REDACTED]
ATTORNEY FOR DEFENDANT IOWA STUDENT LOAN LIQUIDITY CORPORATION
IN RE: [REDACTED] Debtor
[REDACTED] Plaintiff,
v.
IOWA STUDENT LOAN LIQUIDITY CORPORATION and EDUCATIONAL CREDIT MANAGEMENT CORPORATION, Defendants.
Bankruptcy No.[REDACTED]
Adversary No.[REDACTED]
DEFENDANTS' JOINT STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
Defendants Iowa Student Loan Liquidity Corporation ("Iowa Student Loan") and Educational Credit Management Corporation (ECMC), by and through their respective undersigned counsel, submit this Joint Statement of Undisputed Material Facts in Support of their Motion for Summary Judgment.
1. Plaintiff-Debtor [REDACTED] is 38 years old. (Dep. 4.)
2. She is unmarried, and has no dependents. (Dep. 6.)
3. During her entire adult life, she has always been gainfully employed, attending school, or both.[REDACTED] Interrog. Ans. Nos. 3, 16.)
4. Her recent employment history includes several positions within [REDACTED] and she has worked full-time in the [REDACTED] health care system since 2009. (Dep. 1619.)
5. With the assistance of student loans, [REDACTED] has achieved an associate's degree, a bachelor's degree, and a master's degree. [REDACTED] Interrog. Ans. No. 16.)
6. She does not suffer from any mental or physical disability, or any other impediment that prevents her from working. (Dep. 52.)
7. No doctor has ever advised her that she could not, or should not, work. (Dep. 52.)
8. [REDACTED] attended [REDACTED] Community College from 1992-1994, graduating with an associate's degree in education. [REDACTED] Interrog. Ans. No. 16.)
9. She thereafter attended [REDACTED] University from 1994-1997, graduating with a major in history and a minor in political science, and earning a secondary education degree. [REDACTED] Interrog. Ans. No. 16; Dep. 10.)
10. [REDACTED] primarily funded her education at [REDACTED] University with student loans. (Dep. 9-10.)
11. [REDACTED] then entered the workforce for approximately eight years. During this period, however, she also took master's level courses through the University of [REDACTED] in pursuit of a master's in education. (Dep. 86-87.)
12. [REDACTED] funded these courses with student loans. (Dep. 40.)
13. In 2005, [REDACTED] quit her employment and began a full-time master's level program at [REDACTED] University. She graduated in 2007 with a master's in public administration. [REDACTED] Interrog. Ans. No. 16; Dep. 14).
14. [REDACTED] funded her master's education with student loans. (Dep. 14.)
15. [REDACTED] applied for and received both government-sponsored and privately-funded student loans from a wide variety of lenders.
16. Through voluntary loan consolidations by [REDACTED] ECMC now holds [REDACTED] consolidated federal student loans, and Iowa Student Loan holds [REDACTED] consolidated private student loans.
17. A third student loan provider, Sallie Mae, possesses an additional private loan for [REDACTED] but was not named in this adversary proceeding.
18. In October 2007, [REDACTED] applied to consolidate all of her private student loans with Iowa Student Loan. (Dep. Ex. C.)
19. [REDACTED] actually held no private student loans with Iowa Student Loan at the time, although Iowa Student Loan had previously provided federal student loans to [REDACTED] Her private student loan consolidation application included loans held by Sallie Mae, Key Bank, and two student loans with AES. (Dep. Ex. C.)
20. The interest rates with these private student loan lenders ranged from 9.25 percent to 10.5 percent. (Dep. Ex. C.)
21. In December 2007, Iowa Student Loan approved [REDACTED] requested consolidation of three of her private student loans (but not the Salle Mae loan), resulting in a consolidated private student loan balance totaling just over $99,000. (Dep. Ex. F.)
22. Per the consolidation agreement, interest on her consolidated private student loan is fixed at 8.4 percent. (Dep. Ex. F.)
23. [REDACTED] at all times clearly understood that her repayment term was 20 years. (Dep. 106.)
24. Throughout the period she was applying for the private loan consolidation with Iowa Student Loan, never made mention of any limitations or issues that might...
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