UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In re: )

) Bankr. Case No.: 19-13218-BFK

CURTIS C. CAIN, )

) Chapter 7

Debtor. )

)

)

CURTIS C. CAIN, ) Adv. Proc. No.: 20-01075-BFK

)

Plaintiff, )

v. )

)

NAVIENT SOLUTIONS, LLC, )

NAVIENT PRIVATE LOAN TRUST, )

NAVIENT CREDIT FINANCE CORP., )

AMERICAN EDUCATION SERVICES, )

TURNSTILE CAPITAL MANAGEMENT, LLC, )

JPMORGAN CHASE BANK, N.A. )

HUNTINGTON BANCSHARES INC. and )

THE HUNTINGTON NATIONAL BANK, )

)

Defendants. )

)

NOTICE OF MOTION TO APPROVE STIPULATION IN SETTLEMENT OF 

ADVERSARY COMPLAINT BETWEEN PLAINTIFF AND 

NAVIENT SOLUTIONS, LLC

Defendant, Navient Solutions, LLC (“Navient”), by and through its undersigned counsel, 

has filed a Motion to Approve the Stipulation in Settlement of Adversary Complaint between 

Navient and the Plaintiff, Curtis C. Cain, and seeks approval of the Stipulation by the Court. 

Your rights may be affected. You should read these papers carefully and discuss 

them with your attorney, if you have one in this bankruptcy case. (If you do not have an 

attorney, you may wish to consult one.) 

If you do not wish the Court to grant the relief sought in the motion, or if you want the 

Court to consider your views on the motion, then on or before June 29, 2021, you or your 

attorney must: 

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File with the Court, at the address shown below, a written response with supporting 

memorandum as required by Local Bankruptcy Rule 9013-1(H). Unless a written response is 

filed and served by the date specified, the Court may deem any opposition waived, treat the 

motion as conceded, and issue an order granting the requested relief without further notice 

or hearing. If you mail your response to the court for filing, you must mail it early enough so the 

Court will receive it on or before the date stated above. You must also mail a copy to the persons 

listed below. 

Johnie R. Muncy

Samuel L. White PC 

1804 Staples Mill Rd 

Ste 200 

Richmond, VA 23230 

804-290-4290 

Fax : 804-290-4298 

Email: jmuncy@siwpc.com

Attorneys for Navient Solutions, LLC

You must also attend the hearing scheduled to be held on July 6, 2021 at 9:30 AM in 

Courtroom I, United States Bankruptcy Court, Eastern District of Virginia, Alexandria 

Division, 200 South Washington Street, Alexandria, Virginia 22314. 

If you or your attorney do not take these steps, the Court may decide that you do not 

oppose the relief sought in the motion and may enter an order granting that relief. 

Respectfully submitted,

/s/ Johnie R. Muncy________

Johnie R. Muncy

Samuel L. White PC 

1804 Staples Mill Rd 

Ste 200 

Richmond, VA 23230 

804-290-4290 

Fax : 804-290-4298 

Email: jmuncy@siwpc.com

 Attorneys for Navient Solutions, LLC

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UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

In re: )

) Bankr. Case No.: 19-13218-BFK

CURTIS C. CAIN, )

) Chapter 7

Debtor. )

)

)

CURTIS C. CAIN, ) Adv. Proc. No.: 20-01075-BFK

)

Plaintiff, )

v. )

)

NAVIENT SOLUTIONS, LLC, )

NAVIENT PRIVATE LOAN TRUST, )

NAVIENT CREDIT FINANCE CORP., )

AMERICAN EDUCATION SERVICES, )

TURNSTILE CAPITAL MANAGEMENT, LLC, )

JPMORGAN CHASE BANK, N.A. )

HUNTINGTON BANCSHARES INC. and )

THE HUNTINGTON NATIONAL BANK, )

)

Defendants. )

)

MOTION TO APPROVE STIPULATION IN SETTLEMENT OF ADVERSARY 

COMPLAINT BETWEEN PLAINTIFF AND NAVIENT SOLUTIONS, LLC 

Now Comes the Defendant, Navient Solutions, LLC (“Navient”), on behalf of itself and 

named Defendants Navient Private Loan Trust and Navient Credit Finance Corp., by and through 

its undersigned counsel, and respectfully request that the Court enter an order pursuant to 11 

U.S.C. §105 and Fed. R. Bankr. P. 9019 approving the Stipulation in Settlement of Adversary 

Complaint between Plaintiff, Curtis C. Cain, and Navient, filed on June 9, 2021 in the abovereferenced adversary proceeding and as described below. In support of this Motion, Navient state 

as follows:

1. The Plaintiff is indebted to Navient pursuant to the applicable terms of fifteen 

(15) educational loan Promissory Notes (“Promissory Notes”), executed by the Plaintiff to obtain 

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educational loans (“Student Loans”), with approximate balances, as of the date of the filing of 

this adversary proceeding, as follows:

a. one (1) educational loan initially disbursed on or about September 18, 

2006, with a balance, including principal and interest, totaling $16,515.09;

b. one (1) educational loan initially disbursed on or about December 19, 

2006, with a balance, including principal and interest, totaling $22,422.68;

c. one (1) educational loan initially disbursed on or about December 22, 

2006, with a balance, including principal and interest, totaling $13,947.86;

d. one (1) educational loan initially disbursed on or about January 16, 2007, 

with a balance, including principal and interest, totaling $19,582.69;

e. one (1) educational loan initially disbursed on or about March 20, 2007, 

with a balance, including principal and interest, totaling $16,303.66;

f. one (1) educational loan initially disbursed on or about May 8, 2007, with 

a balance, including principal and interest, totaling $11,337.77;

g. one (1) educational loan initially disbursed on or about May 9, 2007, with 

a balance, including principal and interest, totaling $4,486.06;

h. one (1) educational loan initially disbursed on or about July 11, 2007, with 

a balance, including principal and interest, totaling $25,550.09;

i. one (1) educational loan initially disbursed on or about October 1, 2007, 

with a balance, including principal and interest, totaling $40,702.36;

j. one (1) educational loan initially disbursed on or about December 31, 

2007, with a balance, including principal and interest, totaling $5,719.31;

k. one (1) educational loan initially disbursed on or about February 11, 2008, 

with a balance, including principal and interest, totaling $7,512.91;

l. one (1) educational loan initially disbursed on or about April 10, 2008, 

with a balance, including principal and interest, totaling $19,553.55;

m. one (1) educational loan initially disbursed on or about April 25, 2008, 

with a balance, including principal and interest, totaling $8,940.80;

n. one (1) educational loan initially disbursed on or about July 23, 2008, with 

a balance, including principal and interest, totaling $15,938.38; and

o. one (1) educational loan initially disbursed on or about October 7, 2008, 

with a balance, including principal and interest, totaling $10,000.90.

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2. As of the date of the filing of this adversary proceeding, there was a balance due 

and owing under the Promissory Notes, including principal and interest, in the aggregate amount 

of approximately $238,514.11 (“Outstanding Balance”), with variable interest rates, and with 

interest accruing thereafter pursuant to the Promissory Notes. Of this amount, the Plaintiff is 

indebted to Navient as the student borrower on the loans referenced in paragraphs 1(a), 1(b), 

1(c), 1(d), 1(e), 1(f), 1(g), 1(h), 1(i), 1(j), 1(l), 1(m), 1(n), and 1(o) above (“Student Borrower 

Loans”), in the aggregate amount of approximately $231,001.20 (“Student Borrower Balance”). 

The Plaintiff is indebted to Navient as a co-borrower on the educational loan referenced in 

paragraph 1(k) above (“Co-Borrower Loan”), in the approximate amount of $7,512.91 (“CoBorrower Balance”).

3. The Outstanding Balance is currently due and owing on the Promissory Notes and 

the Student Loans evidenced by the Promissory Notes are non-dischargeable educational loans, 

pursuant to 11 U.S.C. §523(a)(8).

4. For so long as the Plaintiff does not default under this Stipulation, the Student 

Borrower Balance on the Student Borrower Loans shall be reduced to $75,000.00 (“Reduced 

Balance”), and the variable interest rates shall be reduced to a fixed rate of 1% (“Reduced 

Interest”), and the Plaintiff shall repay the Reduced Balance at the Reduced Interest rate as 

follows: $241.23 per month for a period of three hundred and sixty (360) consecutive months. 

The first monthly payment is due to be received by Navient on or before July 18, 2021, with 

subsequent payments to be received on or before the eighteenth (18th) day of each month 

thereafter.

5. The parties agree that the Plaintiff’s liability on the debt due Navient, arising from 

the Co-Borrower Loan only, identified in paragraph 1(k) above, shall be considered included 

within the general discharge entered in the Plaintiff’s main bankruptcy case on December 8, 

2020.

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6. All payments pursuant to this Stipulation shall note the Plaintiff’s ten-digit 

account number, ******4060 (redacted here for privacy reasons) on the payment, and shall be 

mailed to, “Navient Solutions, LLC, P.O. Box 9000, Wilkes-Barre, PA 18773-9000,” or to any 

other address provided to the Plaintiff by Navient in writing.

7. The following shall be considered Events of Default under the Stipulation: (a) the 

Plaintiff shall fail to make any payment due within thirty (30) days of the due date without 

securing Navient’s agreement to a forbearance of such payment(s); or (b) the Plaintiff 

commences any further legal proceedings against Navient, its predecessors, successors or 

assigns, seeking to discharge debt. 

8. Upon the occurrence of an Event of Default under the Stipulation, pursuant to 

Paragraph 10 of the Stipulation, any forgiveness of the principal and interest on the Student 

Borrower Loans revoked, and the Plaintiff will be liable for the full amount of the Student 

Borrower Balance, as referenced in paragraph 2 above, plus interest pursuant to the applicable 

terms of the Promissory Notes for the Plaintiff’s Student Loans (less any payments made 

hereunder which, following default shall be applied first to interest that would have accrued had 

this Stipulation not been in effect, and then to principal).

9. There is no penalty for prepayment under the Stipulation, but any prepayment, 

unless it is payment in full, does not relieve the Plaintiff of the obligation to make ongoing 

monthly payments.

 10. In the event the Plaintiff, pursuant to applicable Navient policy and the terms of 

the Promissory Notes, qualifies for, or the parties agree to, any deferment or forbearance of 

payment obligations, after the Stipulation is approved, interest will continue to accrue during the 

time of any such deferment or forbearance, at the interest rate(s) stated therein, so that the total 

amount to be repaid, and the monthly payments required, may increase from that stated therein.

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11. Should any issues arise, related to billing or repayment of the loans subject to the

Stipulation, wherein the Plaintiff believes that billing or collection efforts related to the loans 

subject to the Stipulation are not in accordance with the Stipulation, the Plaintiff has agreed that 

such issues should be directed to a Supervisor or Manager in Navient’s Bankruptcy Litigation 

Unit, who may be reached at 1-800-251-4127, or to any other telephone number provided by 

Navient in writing, or in response to a specific borrower inquiry. The parties to the Stipulation 

understand that any such communications, if not directed as specified in this Paragraph, may not 

be addressed in a timely manner, or in a manner specifically in accordance with the Stipulation. 

12. Except as provided in the Stipulation, all other terms of the Promissory Notes 

remain in effect and are incorporated by reference. 

13. Any amendment, modification, or waiver of any term or condition of the

Stipulation must be made in writing and signed by all parties hereto.

14. Upon approval of the Stipulation, the Plaintiff and Navient have agreed to the 

dismissal of the instant adversary proceeding, subject to the terms of the Stipulation.

[this space intentionally left blank]

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WHEREFORE, Navient requests this Court to approve the proposed Stipulation in 

Settlement of Adversary Complaint and enter the proposed Order.

Respectfully submitted,

/s/ Johnie R. Muncy________

Johnie R. Muncy

Samuel L. White PC 

1804 Staples Mill Rd 

Ste 200 

Richmond, VA 23230 

804-290-4290 

Fax : 804-290-4298 

Email: jmuncy@siwpc.com

 Attorneys for Navient Solutions, LLC

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CERTIFICATE OF SERVICE

I, the undersigned, do hereby certify that I am more than 18 years of age and not a party 

to the matter concerning which service was accomplished. I further certify that on the 9th day 

of June, 2021, a copy of Navient’s Motion to Approve Stipulation in Settlement of Adversary 

Complaint Between Plaintiff and Navient Solutions, LLC was served by mail or electronically 

pursuant to this Court’s CM/ECF procedures, upon the following persons:

Scott Emerson Brannan

ARM Lawyers 

115 East Broad Street 

Bethlehem, PA 18018 

610-297-0592 

Email: scott@armlawyers.com

Attorneys for Plaintiff

Via ECF

Michael Jacob Owen Sandler

Fisher-Sandler, LLC 

12801 Darby Brooke Court 

Suite 201 

Woodbridge, VA 22192

Attorneys for Plaintiff

Via ECF

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