UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In re Patricia Denise Daley

Brown,

Debtor

Patricia Brown,

Plainti

v.

Navient Private Student

Loan Trust, and

National Collegiate Student

Loan Trust 2004-2, 2005-3,

and 2006-3

Defendant

Case No.: 19-36611-KLP

Adv. No.:

Chapter 7

Complaint to Discharge

Private Student Loan

Debt

Parties

1. Plaintiff: Patricia Brown is a citizen of the United States. Wh

she filed the underlying bankruptcy case, Patricia resided in Ki

George, Virginia, which is within the jurisdiction of the Eastern

District of Virginia.

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Patricia Brown v Navient et al

Complaint to Discharge Private Student Loan Debt

2. Defendants: Defendant National Collegiate Student Loan Trust

2004-2. 2005-3, and 2006-3 are statutory trusts formed in

Delaware. Each trust can be served through its registered agent,

Wilmington Trust Company, at Rodney Square North 1100 N.

Market St, Wilmington DE 19890.

Navient Private Student Loan Trust is a statutory trust formed in

Delaware. It can be served through its registered agent, Deutsche

Bank Trust Company Delaware, 111 Continental Drive, Suite 102,

Newark DE 19713. A copy of the complaint and summons will also

be provided to Navient Solutions, Inc., PO Box 9500, Wilkes-Barre

PA 18773-9500.

Jurisdiction and Venue

3. This adversary proceeding is brought under 11 USC § 523(a)(8)

and Rule 7001(9) of the Federal Rules of Bankruptcy Procedure

and its civil analog, 28 USC § 2201.

4. This Court has jurisdiction over this adversary proceeding under §

157(b) and § 1334(b) of the Judiciary and Judicial Procedural Rules.

5. Venue is proper in the Eastern District of Virginia under 28 USC §

1409 because this matter arises in and is related to a bankruptcy

case filed in this distric

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Complaint to Discharge Private Student Loan Debt

Final Order Consent Statement

6. Patricia consents to the bankruptcy court's entry of final orders 

judgment.

Nature of the Action

7. This is an action to determine the dischargeability of student loan

debt pursuant to 11 U.S.C. § 523(a)(8).

Factual Allegations

8. Patricia Brown has incurred various student loans, including both

federal and private loans, for her education. She obtained her

Bachelor's Degree in Criminal Justice Administration from the

University of Phoenix, undertaken with the hope of enhancing

her employability and financial stabilit

9. Specifically, Patricia is seeking discharge of 4 private stude

loans, which are as follows:

● Navient Private Student Loan Trust: Principal $18,410.00 at

15.50% interest.

● National Collegiate & Trust Loan 2004-2: Principal

$20,000.00 at 6.85% interest (currently under judgment).

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Complaint to Discharge Private Student Loan Debt

● National Collegiate & Trust Loan 2005-3: Principal

$21,740.00 at 8.49% interest (currently under judgment).

● National Collegiate & Trust Loan 2006-3: Principal

$21,740.00 at 11.83% interest (currently under judgment).

10. Patricia’s federal student loans, totaling approximately $110

thousand, are in a repayment plan based on her income with a

monthly payment of $0. The federal student loans are not the

subject of this complaint.

11. Each Trust filed suit against Patricia over a decade ago and ha

gotten judgments, rendering the entire balance of the debt

immediately due and owing. The Trusts have initiated aggressive

collection efforts, including wage garnishment, bank accou

levies, and liens on real property.

12. Patricia has pursued various employment opportunities across

different states, primarily in administrative, educational, a

management roles. Despite these efforts, her wages ha

consistently been insufficient to meet her family's living expen

while also repaying her student loan debt.

13. Patricia's late start in higher education and her subsequent entry

into the job market during the 2008 global recession further

compounded her financial difficulties. As a woman in her

Patricia has faced additional challenges in securing well-paid

employment.

14. Patricia is married with two children, and her husband is a 100%

disabled former military service member. The family's financi

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Complaint to Discharge Private Student Loan Debt

situation is further strained by her husband's disability and the

associated care responsibilities.

15. Recently, Patricia has been out of work due to severe

hypertension, which has led to hospitalization, mandated bed

rest, and daily medication. This medical condition has impaired

her eyesight, limiting her ability to drive or work with computer

screens.

16. As a result of these cumulative factors, Patricia is currently unable

to maintain a minimal standard of living for herself and her

dependents while repaying her student loan debt.

Count 1: Undue Hardship

17. Patricia re-alleges and incorporates by reference all preceding

paragraphs.

18. Patricia is currently unable to maintain a minimal standard of

living for herself and her dependents if forced to repay her

private student loan debt. Her limited income, compounded by

her husband's disability, her own severe health issues, and the

responsibilities of caring for two children, leave her without

sufficient resources to cover both her living expenses and l

repayments.

19. The financial hardship Patricia is experiencing is likely to persi

for a significant portion of the repayment period of the stude

loans. Given her age, her deteriorating health condition, and the

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challenges she faces in securing stable, well-paying employment,

her prospects for achieving a level of income that would enable

loan repayment are extremely limited.

20. Patricia has made good faith efforts to repay her student loan

Despite her constrained financial situation, she has soug

employment consistently and has managed her finances to t

best of her abilities. Her efforts have been hindered by facto

beyond her control, including the economic downturn and her

health condition.

***Continued on Next Page***

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Patricia Brown v Navient et al

Complaint to Discharge Private Student Loan Debt

Prayer for Relief

WHEREFORE, Patricia Brown respectfully requests that this Court

enter an order:

● Declaring the student loan debt owed to Navient Private

Student Loan Trust, and National Collegiate Student Loan Trust

2004-2, 2005-3, and 2006-3 to be dischargeable; and

● Awarding any other relief the Court deems just and proper.

Respectfully submitted,

Attorneys for Patricia Brown

/s/ Stanley Tate (PHV Pending)

Stanley Tate • Bar No.: 66564MO

222 S Meramec

Suite 202-1096

St Louis MO 63105

314.884.1886 • 314-561-7036 fax

tate@tateesq.com

/s/ Jason M. Krumbein

Jason M. Krumbein VSB#43538

1650 Willow Lawn Dr.

Suite 201

Richmond, VA 23230

804.592.0792 • 804.823.5265 fax

JKrumbein@KrumbeinLaw.com

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