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UNITED STATES BANKRUPTCY COURT 

 SOUTHERN DISTRICT OF FLORIDA 

WEST PALM BEACH DIVISION 

www.flmb.uscourts.gov

In re: 

CHRISTI LEE STRAUB, Case No.: 21-13230-EPK 

 Chapter 7 

 Debtor. 

______________________/ 

CHRISTI LEE STRAUB, 

Plaintiff, 

vs. Adv. No.: 

 

MISSOURI HIGHER EDUCATION 

LOAN AUTHORITY and THE UNITED 

STATES DEPARTMENT OF 

EDUCATION and THE UNIVERSITY 

OF MINNESOTA 

Defendants, 

________________________/ 

ADVERSARY COMPLAINT TO DETERMINE 

THE DISCHARGEABILITY OF PLAINTIFF’S STUDENT LOANS 

 The Plaintiff/Debtor, CHRISTI LEE STRAUB (“Ms. Straub”), by and through her 

undersigned counsel, files this Adversary Complaint to Determine the Dischargeability of 

Plaintiff’s Student Loans owned by the Defendant THE UNITED STATES DEPARTMENT OF 

EDUCATION (“Department of Education”), and serviced by the Defendant MISSOURI HIGHER 

EDUCATION LOAN AUTHORITY (“Missouri Higher Education”), and also owned by the 

Defendant, THE UNIVERSITY OF MINNESOTA (all collectively “Defendants”), and states: 

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JURISDICTION 

1. This action is brought pursuant to sections 105(a) and 523(a)(8) of the Bankruptcy 

Code and Federal Rule of Bankruptcy Procedure 7001(6). 11 U.S.C. §§ 105(a), 523(a)(8) (2005); 

Fed. R. Bankr. P. 7001(6). 

2. This Court has subject matter jurisdiction over the matter pursuant to section 1334 

of Title 28 the United States Code. 28 U.S.C. § 1334. 

3. This matter is a core proceeding under section 157(b)(2)(A), (b)(2)(I), and (b)(2)(O), 

of Title 28 of the United States Code. Jurisdiction is proper because the Defendants are three of Ms. 

Straub’s creditors and were listed on her Schedules. 

4. All parties have been properly joined pursuant to Federal Rule of Bankruptcy 

Procedure 7020 because the question of whether Ms. Straub’s student loans are dischargeable is 

common to all the defendants in this action. 

PARTIES 

5. Plaintiff currently resides at 6106 Birch Drive, Fort Pierce, FL 34982. 

6. The Department of Education is an agency of the United States government. 

7. The Department of Education is the owner of the federal student loan at issue. 

8. Missouri Higher Education is the servicer of the federal student loan at issue in this 

matter. Missouri Higher Education is a non-profit company, with headquarters in Chesterfield, 

Missouri. Missouri Higher Education’s primary business is loan management, loan servicing, and 

asset recovery. 

9. The University of Minnesota is a public university with a campus in Minneapolis, 

Minnesota. 

10. The University of Minnesota is the owner and servicer of the private student loan at 

issue in this matter. 

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PROCEDURAL POSTURE 

11. On April 2, 2021, Ms. Straub filed an individual voluntary petition for bankruptcy 

under Chapter 7 of the Bankruptcy Code. 

12. Pursuant to Ms. Straub’s Schedule E/F, Ms. Straub listed the Creditor Missouri 

Higher Education as a disputed unsecured creditor in the total amount of $346,417.00. 

13. Pursuant to Ms. Straub’s Schedule E/F, Ms. Straub listed the Creditor University of 

Minnesota as a disputed unsecured creditor in the total amount of $3,646.00. 

14. Ms. Straub financed her education at the Thomas Jefferson School of Law through 

the federal student loan now owned by the Department of Education and serviced by Missouri 

Higher Education. 

15. Ms. Straub financed her medical school education at University of Minnesota with 

the private loan now owned by University of Minnesota. 

16. Ms. Straub seeks an Order confirming that these student loan debts are dischargeable 

because repaying these debts would impose an undue hardship upon Ms. Straub. 

BACKGROUND FACTS 

17. Ms. Straub attended the University of Minnesota’s Medical School at the age of 40 

in 1990. 

18. Ms. Straub obtained a private loan through University of Minnesota’s Alumni 

Association, which she used to finance her education at University of Minnesota’s Medical School. 

19. Ms. Straub also obtained federal student loans to cover living and other education 

related expenses. 

20. Preceding her enrollment at University of Minnesota’s Medical School, Ms. Straub 

divorced her abusive ex-spouse, sold her business, and her father passed away. 

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21. While enrolled at University of Minnesota’s Medical School, Ms. Straub was 

diagnosed with hypothyroidism, her mother was diagnosed with cancer, and Ms. Straub was left to 

take care of her mother and her HIV-positive brother. 

22. Ms. Straub requested to take a leave of absence from Medical School and was told 

she would be readmitted after she took two and a half months off and passed her boards exam. 

23. Ms. Straub was given no resources to study for her exam. 

24. Ms. Straub subsequently informed University of Minnesota that she would not be 

returning. 

25. Upon receipt of Ms. Straub’s decision not to return, University of Minnesota’s 

financial aid office immediately defaulted her private loan. 

26. The default made it impossible for Ms. Straub to continue her education in any 

medical program because of the University of Minnesota’s policy of restricting the request of 

transcripts and denying admission of persons who were in default on their student loans. 

27. After leaving the University of Minnesota’s Medical School, Ms. Straub then took 

the Law School Admissions Test. 

28. Ms. Straub was recruited by the Thomas Jefferson School of Law in San Diego 

because of her high MCAT scores and received a scholarship. 

29. The Thomas Jefferson School of Law did not require her transcripts for admission. 

30. While at the Thomas Jefferson School of Law, Ms. Straub worked in order to cover 

costs that her scholarship did not cover. 

31. The Thomas Jefferson School of Law found out about Ms. Straub’s employment and 

told her she needed to either quit her job or forego her scholarship. 

32. Ms. Straub kept her job because she needed the income. 

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33. Because of that decision, Ms. Straub lost her scholarship and took out federal student 

loans. 

34. In her final semester at the Thomas Jefferson School of Law, Ms. Straub requested 

a federal student loan to prepare for the bar exam. 

35. The Thomas Jefferson School of Law’s financial aid office advised her to wait until 

graduation to request the loan. 

36. Upon Ms. Straub’s graduation from Thomas Jefferson School of Law, she again 

requested a federal student loan to prepare for the bar exam and was told she was too late. 

37. Ms. Straub was left with a Juris Doctor degree and no way of financing her 

preparation for the bar exam. 

38. Upon Ms. Straub’s graduation from the Thomas Jefferson School of Law, her federal 

loans totaled $148,868.71. 

39. Ms. Straub was able to work secretarial jobs for temp agencies but was not offered 

any legal work because she had not taken the bar and was not a paralegal. 

40. Ms. Straub was not offered medical or lab work, either. 

41. In 2002, Ms. Straub’s federal loans (used to attend medical school and law school) 

were consolidated. 

42. Ms. Straub has not found employment since 2012 despite making several attempts 

to do so. 

43. Ms. Straub has sent out numerous resumes and applications (even for federal jobs), 

to no avail. Seeking employment consumed more than 40 hours per week. 

44. Ms. Straub has developed medical issues that inhibit her ability to find employment 

including arthritis in her knees which has rendered her in need of knee replacements and requires 

her to use assistive devices to stand and walk for any significant periods of time. 

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Current Income and Expenses 

45. Ms. Straub is a 71-year-old single woman with no dependents. 

46. Because of her age and medical conditions, Ms. Straub has been unsuccessful in her 

efforts to procure gainful employment that would leave her with enough disposable income to 

purchase more than the bare necessities. 

47. Ms. Straub’s monthly expenses total approximately $3,372.77 which includes food, 

housekeeping, utilities, transportation, cell phone service, life insurance, health insurance, car 

payments, and car insurance. (Bank. Case DE 1). 

48. Ms. Straub and her partner lived in a mobile home for many years. Every year, they 

feared that they would lose their home to a hurricane. After two and a half years of searching, they 

found a modest home that would stand up against the elements. 

49. Ms. Straub’s private student loan was returned to The University of Minnesota from 

a private debt collection agency as of February 11, 2021. 

50. As of February 11, 2021, Ms. Straub’s payoff for her private student loan from The 

University of Minnesota totals $3,645.50. 

51. As of February 25, 2021, Ms. Straub’s payoff for her federal student loan used to 

attend the Thomas Jefferson School of Law is $346,417.62 

52. Ms. Straub’s is currently on an income contingent repayment plan on the federal 

student loan used to finance her education at the Thomas Jefferson School of Law and the monthly 

payment amount is $0. 

53. Ms. Straub currently resides in a modest home, lives a modest lifestyle, and does not 

incur unnecessary expenses. 

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54. Ms. Straub’s repayment of these debts would impose an undue hardship on Ms. 

Straub because her income is approximately $936.00 from social security, while her monthly 

expenses are approximately $3,372.77. 

COUNT I: DISCHARGEABILITY 

55. Ms. Straub incorporates by reference the allegations in the above paragraphs. 

56. A debtor may challenge the dischargeability of student loan(s) by proving that 

excepting the debtor’s student loan(s) from discharge would impose an undue hardship on the 

debtor and dependents. 11 U.S.C. § 523(a)(8) (2005). 

57. The prevailing standard for defining undue hardship emerged in Brunner v. New 

York State Higher Educ. Serv. Corp., 831 F.2d 395 (2nd Cir. 1987) and has been adopted by the 

Eleventh Circuit. Gesualdi v. Educ. Credit Mgmt. Corp. (In re Gesualdi), 505 B.R. 330, 338 (Bankr. 

S.D. Fla. 2013). 

58. The Brunner test considers the debtor’s current ability to pay student loan 

indebtedness while maintaining a minimal standard of living, the debtor’s future ability to make the 

loan payments, and the debtor’s good faith in connection with the loan. Brunner, 831 F.2d at 396. 

59. According to the Department of Justice’s Means Testing Guidelines, it costs 

$1,923.00 per month to maintain a minimal standard of living in Florida. 

60. Based on her current level of income, Ms. Straub is approximately $987.00 short of 

maintaining even the minimum standard of living. 

61. Based on the above, if forced to repay the student loan at issue, Ms. Straub will not 

be able to maintain a minimal standard of living. 

62. There is a certainty that Ms. Straub will not be able to repay her loans within her 

lifetime because she is 71 years old and is unable to secure employment, despite numerous attempts 

to do so, due to her age and medical issues. 

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63. Ms. Straub’s income is currently solely derived from social security benefits and it 

is foreseeable that she will be receiving her continued monthly income without much variation. 

64. If Ms. Straub’s federal loans are forgiven rather than discharged, it would create 

undue tax burdens. 

65. Finally, Ms. Straub has made a good faith effort to repay this student loan based on 

her various attempts to secure employment, maximize her income, and minimize expenses. 

66. Altogether, Ms. Straub’s student loan debt should be discharged because repayment 

of this loan would impose an undue hardship. Specifically, Ms. Straub’s income is a fixed amount 

of approximately $936.00 from social security, while her monthly expenses are approximately 

$3,372.77. 

67. Therefore, Ms. Straub respectfully requests that this Court discharge these student 

loan debts. 

 WHEREFORE, Ms. Straub, requests that this Honorable Court enter a judgment 

determining that: the debt owed to the Defendants is discharged, despite the fact that the debt was 

used for educational purposes; the debt will be discharged in its entirety by virtue of this bankruptcy 

proceeding; and for any further relief that this Honorable Court deems just and proper. 

Respectfully submitted on this 18th day of May, 2021. 

VAN HORN LAW GROUP, P.A. 

330 N. Andrews Ave., Suite 450 

Fort Lauderdale, Florida 33301 

(954) 765-3166 

(954) 756-7103 (facsimile) 

Chad@cvhlawgroup.com 

By: /s/ Chad T. Van Horn, Esq. 

Chad T. Van Horn, Esq. 

Fla Bar #64500 

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