Steven L. Brown, Esquire

Tiffany & Brown

Counsel for Newport News Shipbuilding Employees’ Credit Union, Inc.

d/b/a BayPort Credit Union

770 Independence Circle

Virginia Beach, VA 23455

757-497-1449 telephone

757-497-1867 facsimile

steven@tiffanylawfirm.com

VSB #23740

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

NEWPORT NEWS DIVISION

In Re: THOMAS LEE DICKER Case No.: 19-51336-SCS

TRACEY LAVERNE DICKER Chapter 13

FKA TRACEY L. ARRINGTON

FKA TRACEY L. WILSON

 Debtors.

NEWPORT NEWS SHIPBUILDING 

EMPLOYEES’ CREDIT UNION, INC. 

D/B/A BAYPORT CREDIT UNION

APN NO.: _______________

Plaintiff,

v. 

TRACEY LAVERNE DICKER

FKA TRACEY L. ARRINGTON

FKA TRACEY L. WILSON

Defendant.

COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT

NOW COMES, Newport News Shipbuilding Employees’ Credit Union, Inc. d/b/a BayPort 

Credit Union (“Credit Union”) by counsel, and moves this Court to determine that the obligations 

owed to it by Tracey L. Dicker FKA Tracey L. Wilson (“Debtor”) is not dischargeable through 

this proceeding pursuant to 11 U.S.C. §523(a)(8). In support thereof, the Credit Union represents 

as follows:

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JURISDICTION AND VENUE

1. The bankruptcy court has subject matter jurisdiction over this case by virtue of

28 U.S.C. §1334(b).

2. This matter constitutes a core proceeding under 28 U.S.C. §157(b)(2)(I).

3. The venue of this action is proper, and in accordance with 28 U.S.C. §1409(a).

FACTS

4. The Debtors filed for relief pursuant to Chapter 13 on September 18, 2019.

5. R. Clinton Stackhouse was appointed Chapter 13 Trustee.

6. The Plaintiff is not-for-profit entity.

7. On or about June 29, 2015, the Debtor and Emoni Dempsey (“Dempsey”) filled out 

and submitted a Loan Application for a Private Education Line of Credit (“Application”), a copy 

of the Application is attached as Exhibit A.

8. On or about June 29, 2015, the Debtor and Dempsey signed the undergraduate 

Private Education Line of Credit Agreement “(Agreement”), a copy of the Agreement is attached 

as Exhibit B.

9. Pursuant to paragraph 4C of the Agreement, the Debtor and Dempsey agreed that 

the loan proceeds would be used only for Qualified Educational Expenses as defined by 26 U.S.C. 

Section 221 (d)(2) and 20 U.S.C. Section 1087.

10. Pursuant to paragraph 6c (page 3) of the Agreement and the Notice to Cosigner

(page 12), the Debtor and Dempsey agreed to pay costs of collection.

11. The Private Education Line of Credit Account Opening Disclosures are attached as 

Exhibit C.

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12. The Debtor and Dempsey borrowed certain sums of money pursuant to the 

Education Line of Credit in the amount of $66,256.00 less three (3) disbursements cancellations, 

copies of the statements evidencing the advances and cancellations are attached as Exhibit D.

13. The funds borrowed were sent directly to the school and were used for Qualified 

Education Expenses as defined in 26 U.S.C. Section 221(d)(2) and 20 U.S.C. Section 1087.

14. The current interest rate is 11.25% per annum. See Exhibit D.

15. The current balance of the debt is $78,167.05 as of August 19, 2020, with interest 

accruing on the debt.

COUNT I

16. The allegations contained in paragraphs 1 through 15 are incorporated by reference.

17. The Debtor and Dempsey obtained education loans from the Credit Union for 

which there is an outstanding and unpaid balance.

18. The Credit Union is a non-profit entity

19. Therefore the debt owed to the Credit Union is not dischargeable pursuant to 11 

U.S.C. Section 523(a)(8)(A).

COUNT II

20. The allegations contained in paragraphs 1 through 15 are incorporated by reference.

21. Pursuant to the Agreement the Debtor agreed that the loan proceeds would be used 

for and were used for Qualified Education Expanses as defined by 26 U.S.C. Section 221(d)(2)

and 20 U.S. C. Section 1087.

22. U.S. Code Section 26 is also known as the Internal Revenue Code.

23. Since the loan proceeds were used for Qualified Education Expenses the Debt is

defined as a qualified education loan, and therefore is non-dischargeable pursuant to 11 U.S.C. 

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Section 523(a)(8)(B).

WHEREFORE, Newport News Shipbuilding Employees’ Credit Union, Inc. d/b/a BayPort 

Credit Union prays that this Court enter an Order determining that the debt owed to the Credit 

Union be declared non-dischargeable pursuant to 11 U.S.C. §523(a)(8)(A) and (B); that this Court 

award Newport News Shipbuilding Employees’ Credit Union, Inc. d/b/a BayPort Credit Union a 

judgment against the Debtor in the amount of $78,167.05 plus interest at the rate of 11.25% and 

attorney fees and costs and grant such other relief as the court deems appropriate.

NEWPORT NEWS SHIPBUILDING 

EMPLOYEES’ CREDIT UNION, INC. D/B/A 

BAYPORT CREDIT UNION

By: /s/ Steven L. Brown 

Of Counsel

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