STIPULATION FOR ENTRY OF AGREED JUDGMENT Page 1 of 3

LEIGHA SIMONTON

UNITED STATES ATTORNEY 

Dawn Whalen Theiss

Assistant United States Attorney

Texas Bar No. 24051755

1100 Commerce St., Ste. 300

Dallas, Texas 75242

dawn.theiss@usdoj.gov

Telephone: 214-659-8600

Facsimile: 214-659-8807

Attorneys for United States of America

Department of Education

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION

IN RE:

DIVINE N. NYIAWUNG, 

 Debtor 

DIVINE N. NYIAWUNG,

 Plaintiff,

v.

THE U.S. DEPARTMENT OF 

EDUCATION,

 Defendant. 

Case Number: 22-40639-MXM

(Chapter 7)

Adv. No. 23-04036-MXM

STIPULATION FOR ENTRY OF AGREED JUDGMENT

It is hereby stipulated to and agreed to by and between Divine N. Nyiawung and 

Defendant the United States Department of Education, that the parties seek the entry of an 

Agreed Judgment by this Court, and in support thereof, the parties state:
STIPULATION FOR ENTRY OF AGREED JUDGMENT Page 2 of 3

1. On March 28, 2022, Nyiawung commenced the above-captioned bankruptcy case 

by filing a petition under Chapter 7 of Title 11 of the United States Code, 11 U.S.C. §§ 101 et 

seq. (the “Bankruptcy Code”).

2. On June 6, 2023, Nyiawung commenced the above-captioned adversary

proceeding (the “Adversary Proceeding”) against the U.S. Department of Education by filing the 

Complaint to Determine Federal Student Loans Dischargeable for “Undue Hardship” under 11 

U.S.C. § 523(a)(8), see Adv. Pro. ECF No. 1 (the “Complaint”).

3. In the Complaint, Nyiawung seeks to discharge, pursuant to 11 U.S.C. 523(a)(8), 

the following student loan debt (the “Student Loan Debt”):

NSLDS Loan Number Balance as of July 10, 2023 Loan Status July 10, 2023

21 $122,355.23 Forbearance

20 $ 38,852.08 Forbearance

Total Balance ED 

HELD Loans 

$161,207.31

4. Pursuant to the November 17, 2022, Guidance for Department Attorneys 

Regarding Student Loan Bankruptcy Litigation, Nyiawung submitted an Attestation in Support 

of Request for Stipulation Conceding Dischargeability of Student Loans (the “Attestation”). 

5. After reviewing the Attestation, Education agrees that Nyiawung meets the 

criteria set forth in the Guidance and that the Court should discharge, pursuant to 11 U.S.C. § 

523(a)(8), the Student Loan Debt.

6. The parties desire to amicably resolve the matters at issue in this Adversary 

Proceeding and, therefore, have agreed to enter into the Agreed Judgment attached hereto as 

Exhibit B.
STIPULATION FOR ENTRY OF AGREED JUDGMENT Page 3 of 3

The parties hereby respectfully request that the Court enter the Agreed Judgment attached 

hereto as Exhibit B.

DATED July 17, 2024.

Respectfully submitted,

LEIGHA SIMONTON

UNITED STATES 

ATTORNEY 

 /s/ Dawn Whalen Theiss

Dawn Whalen Theiss

Assistant United States 

Attorney

Texas Bar No. 24051755

1100 Commerce Street, 

Third Floor

Dallas, Texas 75242-1699

Telephone: 214-659-8628

Facsimile: 214-659-8807

dawn.theiss@usdoj.gov

/s/ Kenneth L. Neeley

Kenneth L. Neeley

NEELEY LAW

Attorneys for Plaintiff

/s/ Kyle Schumacher

Kyle Schumacher

Josh Lane

Schumacher Lane PLLC

NEELEY LAW

Co-Counsel for Plaintiff

Certificate of Service

On July 17, 2024, I electronically submitted the foregoing document with the clerk of 

court for the U.S. Bankruptcy Court, Northern District of Texas, using the electronic case filing 

system of the court. I hereby certify that I have served all parties electronically or by another 

manner authorized by Federal Rule of Civil Procedure 5(b)(2). 

/s/ Dawn Whalen Theiss

Dawn Whalen Theiss

Assistant United States Attorney