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    Student loan fugitives

    When faced with unaffordable monthly payments and relentless creditors, some see leaving the country as their only way out.

    NEW YORK (CNN) -- Carl, a Florida native now living overseas, is afraid to move back to the United States. That's because he can't afford to pay his student loans.

    Carl (who doesn't want his last name used) stopped making his $450 monthly payments after his family incurred some unexpected medical expenses, and his $55,000 private loans went into default. That's when the phone calls from debt collectors started, and Carl decided not to come back.

    "It was made clear that if I ever came home, I'm screwed," says Carl.

    Today, he estimates his private loans are more than $70,000. Though he hopes to move home one day, for now, staying abroad is the only option he can see.

    "If it means I have to live in exile from friends and family...well, that's the breaks. So be it. But I won't put my family in a situation where they are afraid," he says.

    While most Americans are burdened with debt of some kind, student loan repayment can be a particularly scary prospect for young people struggling to start a career. Payments are often higher than expected, and the loans can't easily be discharged. Added pressure from debt collectors causes some grads to flee their loans by fleeing the country.

    "These are people new to borrowing and they didn't understand what they were getting into," says Mark Kantrowitz of Finaid.org, an online student loan information Web site. "It's a very sorry situation that it comes to students feeling they have no option than to leave the country," he says. "It's a sign the system is broken."

    To date, there is about $60 billion in defaulted student loan debt according to Chris Lang of the New York-based debt collection agency, ConServe. But while skipping town to avoid paying student loans isn't very common - Lang estimates that only about 2% to 4% of delinquent student loan debt is owed from students abroad - for some, it seems like the only way out.

    International addresses make it more difficult to find people, and collection companies would usually need to hire an international counsel or a third party collector to recoup the debt, cutting into their profits and reducing their incentive to go after a debtor.

    "It increases our expenses to go overseas," says Justin Berg of American Profit Recovery, a debt collection agency in Massachusetts. "Our revenues are cut by more than half," he says.

    Very little relief
    Chris left the country to help pay his debt, not to avoid it. But when that didn't work out, he saw his foreign address as the only way to escape.

    Chris (who doesn't want his last name used) graduated with about $160,000 in student loan debt with a master's degree in music.

    "At the time I thought I could handle it. I thought the most I'd be paying was $600 a month," he says.

    But his payments were $2,400 a month. So Chris started looking for jobs overseas. He thought he'd be able to earn more and pay off his loans. But it didn't turn out that way. His salary was even less than what he was making back home. He realized there was no way he could make his payments, so he changed his address.

    "They think I'm living somewhere in Arizona," he says. His last payment was a year and a half ago.

    "I am upset at myself. I could have gone to a cheaper school," Chris says. "But I'm most angry at the fact that for anyone who has debt that's not student loan debt, there's relief. You can get into $150,000 worth of credit card debt and you can declare bankruptcy and you can go on with your life. But with student loans, you're being punished for being a better person."

    While getting student loans discharged through bankruptcy is no easy task, that doesn't mean it can't be done.

    "There's a mythology that private student loans can't be discharged. But sometimes they can and should," says Kantrowitz.

    To get your student loans discharged, you must file an undue hardship petition. To qualify, you have to satisfy three conditions: First, you must not be able to repay your student loan and also maintain a minimal standard of living based on your income and your expenses. Second, your situation must likely persist for a significant portion of the repayment period of the loan. Finally, you must have made good faith efforts to repay the loans.

    In about half of cases of people who do file for this hardship petition, debt will be partially or totally discharged, says Kantrowitz.

    Lifting the burden
    If you're having trouble paying your student loans there are steps you can take, according to Kantrowitz.

    If your income isn't sufficient to repay a federal loan, you can apply for an economic hardship deferment or forbearance which would suspend or reduce your monthly payments. To find out if you qualify for these programs, check out the hardship calculator at http://www.finaid.org/.

    If your money problems are longer term - say your career path doesn't pay well - there are some alternate payment plans that you can explore. An extended repayment plan could lower your payments. But it also increases the life of your loan so you'll wind up paying more in the long run.

    If you have federal loans through the Direct Loan program, you may qualify for an income contingent repayment plan. In this case your payments are based on your income and your debt load .

    These steps must be taken before you default on your loan. If your loan is already in default, you won't qualify for deferments or forbearances. If you can't resolve an issue, contact the Federal Student Aid Ombudsman at http://www.ombudsman.ed.gov/ or call 1-877-557-2575.

    If you have defaulted on a federal loan, you can rehabilitate yourself. It will require you to make nine to twelve full payments of some agreed-upon amounts within a certain time period to the Department of Education. For more information on this, contact the Department at 1-800-621-3115.

    And there's another way to get help if you're buried under student loans. Talk to a non-profit counselor.

    The counseling session should be free of charge. Make sure you ask if the agency works with student loans. And in addition to helping you with your student loan payments, these agencies can work with you to manage your spending and your budget. If you are put on a managed debt program, there is typically a small fee. To find a non-profit credit counselor in your area go to the National Foundation for Credit Counseling at www.nfcc.org.

    By Jen Haley, CNN
    October 24, 2008: 7:12 AM ET

    The information provided is not, and should not be considered legal advice. All information provided is only informational and should be verified by a law practioner whenever possible. When confronted with legal issues contact an experienced attorney in your state who specializes in the area of law most directly called into question by your particular situation.

    #2
    Thanks for the article HRx. This really frustrated me filing for BK. I still have to keep 30k of college debt So,it's truely not a fresh start for me. Thanks boomers & lobbyist for pushing that on the younger generation. I am sure we'll see a swing of people chosing not to go to college.

    Comment


      #3
      Originally posted by Mi Bankruptcy View Post
      Thanks for the article HRx. This really frustrated me filing for BK. I still have to keep 30k of college debt So,it's truely not a fresh start for me. Thanks boomers & lobbyist for pushing that on the younger generation. I am sure we'll see a swing of people chosing not to go to college.

      Sorry you are frustrated but the "boomers & lobbyist" didn't hold a gun to your head when signing on the dotted line.

      There are alternatives. There's the GI bill that would have helped out with college for one thing.

      The credit card game and bankruptcy is one thing because the banks know they will lose on some and win on most people and it's part of their business model. It's the TAXPAYERS that will pay if you default on your loan at least for federally backed loans.

      As a boomer I can only say "you're welcome". ;)
      The essence of freedom is the proper limitation of Government

      Comment


        #4
        Well, being that generations under the Boomers need to have more education to make less money and Boomers control congress for the past 20-30 years, It was one of the few ass-u-mptions I could come up with. This does not include that the law wasn't changed until 1998 one can only draw so many conclusions. Of course, my father says... Assumption make a A$$-U-Me ..LOL. Of course, as the boomers start to see their 401ks depleted I am sure they will complain loud enough to force BK laws to change( again)

        Comment


          #5
          I think the studen loan situation of the last few years has been very predatory.

          When I graduated high school, I wasn't able to get much assistance at all and is one reason I never finished college.

          The problem I have with it is they are basically giving a loan to someone based on a future set of skills/income that could never materialize. Indeed many college grads do not find work in their field or find it at a much reduced pay than anticipated.

          I know though had it been as easy to get when I was going I probably would have made the same errors, it wasn't until the last year that I learned how to use money much more wisely.

          The sad truth is that it made these educations available but so many jobs have left the country due to bad policies that the students once they graduate are not working in their field or at expected pay. Part of this is the error all of us makes. When in college we see a field pays 60k=90k and we figure we'll make 90k when we get out, then of course after a bit settle for a job in the 40-50k range as the job market has changed so much since we started school and graduated. With an income of half what was anticipated they really can't make it.

          I think the article is good to point out that you can try means to modify it. The problem is by the time someones looking for that info its generally already defaulted .
          May 31st, 2007: Petition Filed by my lawyer
          July 2nd, 2007: 341 Meeting Held
          September 4th, 2007: Discharged and Closed.

          Comment


            #6
            School's have already started seeing a trend of students transferring out of the more expensive private colleges into public colleges as a way of saving a pretty penny. This trend is supposed to continue and growth too.
            The information provided is not, and should not be considered legal advice. All information provided is only informational and should be verified by a law practioner whenever possible. When confronted with legal issues contact an experienced attorney in your state who specializes in the area of law most directly called into question by your particular situation.

            Comment


              #7
              Originally posted by Mi Bankruptcy View Post
              Well, being that generations under the Boomers need to have more education to make less money and Boomers control congress for the past 20-30 years, It was one of the few ass-u-mptions I could come up with. This does not include that the law wasn't changed until 1998 one can only draw so many conclusions. Of course, my father says... Assumption make a A$$-U-Me ..LOL. Of course, as the boomers start to see their 401ks depleted I am sure they will complain loud enough to force BK laws to change( again)
              I totally disagree with your first sentence. I am 56 and have 4 children; ages 35, 34, 30 and 21. The two oldest are doing fantastic money wise, both college educated, able to obtain financing, grants and scholarships to pay for most of their schooling after they graduated high school. It is the "field" they went into and they networked to get the right job. The 30 year old has his own roofing business and did not go to college (he really worked his butt off I have to say that) and the youngest is in college now and has Stafford loans to repay. She stayed at home instead of living on campus to save money. Boomer kids want things handed to them and that is the fault of the boomer parents who tried to give their kids things they were never able to have due to their generation of frugal parents. Thankfully with 4 kids in the house I was at least able to instill on them that we just could not hand them everything they needed and keep our sanity and jobs so they learned they had to work for what they wanted. Educational choices in today's world is what will bring the younger generation(s) the bucks they are looking for; complaining about their boomer parents won't. Hand holding is for little kids.

              Also, there were many boomer children that became billionaires from this recent mortgage meltdown. They certainly didn't care of the effect it would have on their parents or on the next generation under them.
              _________________________________________
              Filed 5 Year Chapter 13: April 2002
              Early Buy-Out: April 2006
              Discharge: August 2006

              "A credit card is a snake in your pocket"

              Comment


                #8
                I agree with Flamingo & Mi Bk on boomers always feel they are entitled to everything. I have said here on other threads my opinions on the "spoiled rotten boomers".

                I also feel you can't blame An entire generation. Some boomers burned the flag (and are now running the country or trying to), others fought in Vietnam and the wars we had since then. The generation before the boomers told people that didn't have the same skin color to get to the back of the bus. Others of the same generation defeated Hitler. We cannot blame everyone before us for our bad choices.
                The essence of freedom is the proper limitation of Government

                Comment


                  #9
                  Originally posted by banca rotta View Post
                  I agree with Flamingo & Mi Bk on boomers always feel they are entitled to everything. I have said here on other threads my opinions on the "spoiled rotten boomers".

                  I also feel you can't blame An entire generation. Some boomers burned the flag (and are now running the country or trying to), others fought in Vietnam and the wars we had since then. The generation before the boomers told people that didn't have the same skin color to get to the back of the bus. Others of the same generation defeated Hitler. We cannot blame everyone before us for our bad choices.
                  The Baby Boomer generation starts in 1943, so they didn't defeat Hitler....

                  The Silent Generation defeated Hitler . It was also elements of their generation that moved towards civil rights while others vehemently opposed it. (after all the earliest boomers were on in their early 20s when Martin Luther King Jr. was assassinated).
                  May 31st, 2007: Petition Filed by my lawyer
                  July 2nd, 2007: 341 Meeting Held
                  September 4th, 2007: Discharged and Closed.

                  Comment


                    #10
                    Wow, that article really hit home- I owe a little over $60,000 for a private student loan and I went into the wrong field for sure - I was only making $19,000 - I was granted a deferment until December, but once that comes we are royally screwed
                    It is sad that I thought I was doing better than my parents had as I was the first in the family to go to college - now we are filing bankruptcy and trying to figure out how we are ever going to even pay for food when we only make $35,000 and have a $500 per month student loan.

                    Comment


                      #11
                      Originally posted by JRScott View Post
                      The Baby Boomer generation starts in 1943, so they didn't defeat Hitler....

                      The Silent Generation defeated Hitler . It was also elements of their generation that moved towards civil rights while others vehemently opposed it. (after all the earliest boomers were on in their early 20s when Martin Luther King Jr. was assassinated).


                      I know. I stated "the generation before the boomers".
                      The essence of freedom is the proper limitation of Government

                      Comment


                        #12
                        Originally posted by HRx View Post
                        School's have already started seeing a trend of students transferring out of the more expensive private colleges into public colleges as a way of saving a pretty penny. This trend is supposed to continue and growth too.

                        Great!! This is exactly what's needed to make "more expensive colleges" into less expensive colleges so future generations will be able to afford them again without so much debt.

                        It's currently happening with homes, cars and soon college. It's good that these costs will be normal again. This will automatically help many people instead of the few. It will work better then president elect "Robin Hood's" economics of wealth redistribution.
                        The essence of freedom is the proper limitation of Government

                        Comment


                          #13
                          I came from a poor background. I was the first to go to college and had to pay for it myself.

                          I went to cheaper colleges and still have 43k in student loan debt AND only got a job that pays in the mid 30's after college.

                          I need to file bankruptcy for my other debt but will NEVER have a fresh start due to the student loans.

                          Comment


                            #14
                            Originally posted by inpain66 View Post
                            I came from a poor background. I was the first to go to college and had to pay for it myself.

                            I went to cheaper colleges and still have 43k in student loan debt AND only got a job that pays in the mid 30's after college.

                            I need to file bankruptcy for my other debt but will NEVER have a fresh start due to the student loans.

                            I seem to hear about a lot of these stories on a personal level and also when listening to Dave Ramsey. A lot of callers call in with the six figure college debt earning 30k a year as a social worker.

                            I know the market conditions always change from when you start school to when you graduate but do you or anyone else research these things? Do you see what the average person in your chozen field earns and balance it out with the debt?

                            With these sad situations it seems like it pays to not go to college. No one needs to pay so much for so little. It also could be that you are starting with mid 30's and will eventually move higher, faster then if you didn't go to college.
                            The essence of freedom is the proper limitation of Government

                            Comment


                              #15
                              Originally posted by JRScott View Post
                              The Baby Boomer generation starts in 1943, so they didn't defeat Hitler....

                              The Silent Generation defeated Hitler . It was also elements of their generation that moved towards civil rights while others vehemently opposed it. (after all the earliest boomers were on in their early 20s when Martin Luther King Jr. was assassinated).
                              Baby boomer generation started at the end of 1945, early 1946. War in Europe ended in April/May 1945. War in the Pacific ended in August of 1945. It takes 9 months for babies to be born. So anyone born in 1946 is a baby boomer.

                              Comment

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