UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

In re: )

ALICE JEAN VASKO, ) Case No. 16-14014-BFK

) Chapter 13

Debtor, )

______________________________)

SUPPLEMENTAL RESPONSE TO DEBTOR’S OBJECTION TO PROOF OF CLAIM

Creditor, Educational Credit Management Corp. (“ECMC”), by counsel, hereby 

supplements its response (ECF # 43) to the Debtor’s Objection to Proof of Claim (ECF #25), and 

states as follows:

1. When the Department of Education (“ED”) assigned the Debtor’s four student 

loans to ECMC on or about December 14, 2016, the four loans had not been paid in full, 

according to ED’s records. See Declaration of Chad Keller (“Keller Aff.”), attached hereto as 

Exhibit 2, which is adopted and incorporated herein by reference, at ¶ 16.

2. The National Student Loan Data System (“NSLDS) records for the Debtor’s 

student loans erroneously showed a status code of “DP – Defaulted Paid in Full” between 

December 23, 2016 and March 24, 2017. See Keller Aff., Ex. 2, at ¶¶ 12-13.

3. The paid-in-full status reporting to NSLDS by ED’s Debt Management and 

Collection System (“DMCS”) during this time period was in error as the Debtor’s loan balances 

had transferred to ECMC but were not paid or otherwise satisfied. See Keller Aff., Ex. 2, at ¶ 13.

4. Verification of loan status is not one of the matters for which Customer Service 

Representatives (“CSRs”) at ED’s Student Loan Support Center (“SLSC”) are generally charged 

with answering. See Keller Aff., Ex. 2, at ¶ 14. Moreover, CSR’s at ED do not have access to the 

actual student loan database used by the entity that actually holds or has responsibility for 

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servicing student loans. Id. Thus, the CSR who spoke to Ms. Vasko on March 20, 2017, 

necessarily would have relied on the erroneously code in the NSLDS database. Id.

5. ED’s DMCS records indicate that the Debtor’s loans were assigned to ECMC on 

or about December 14, 2016 in the amount of $67,181.61. See Keller Aff., Ex. 2, at ¶ 15.

6. Neither ED’s records, nor ECMC’s records, establish that the Debtor’s student 

loan debt has been “paid in full” or has been “forgiven.”

WHEREFORE, ECMC respectfully requests that the Debtor’s Objection to Proof of 

Claim be DENIED.

Respectfully submitted,

Date: August 21, 2017.

 /s/ Jeffery T. Martin, Jr.

Jeffery T. Martin, Jr., VSB #71860

Henry & O’Donnell, P.C.

300 N. Washington Street, Suite 204

Alexandria, VA 22314

703-548-2100

Fax: 703-548-2105

 /s/ Frank J. Mastro

Frank J. Mastro, Admitted Pro Hac Vice

Schlossberg, Mastro & Scanlan

18421 Henson Blvd., Suite 201

Hagerstown, MD 21742

301-739-8610

Fax: 301-791-6302

Attorneys for Creditor,

Educational Credit Management Corp.

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 21st day of August, 2017, I served a copy of the 

foregoing Response to Debtor’s Objection to Proof of Claim via ECF upon:

George E. Marzloff, Esq. Thomas Gorman, Esq.

The Marzloff Law Firm, P.C. 300 N. Washington Street, Suite 400

385 Garrisonville Road, Suite 112 Alexandria, VA 22314

Stafford, VA 22554 Chapter 13 Trustee

gmarz2@marzlaw.com

Attorneys for Debtor

 /s/ Jeffery T. Martin, Jr.

Jeffery T. Martin, Jr.

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