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Huge amount of private student loans

Date: Mon, 07/27/2009 - 06:37

Submitted by anonymous
on Mon, 07/27/2009 - 06:37

Posts: 202330 Credits: [Donate]

Total Replies: 9

Huge amount of private student loans


Hello, I have a question regarding my excessive amount of private student loans. I am in student loan debt around 380k. Undergrad for 6 years and grad school for 3 which Istill have not finished. This is a huge, gigantic burden because what I make per month is not even close to what the payment are per month. This is not even including normal expenses. My deferments/forbearance have been all used up and I have tried everything to see if SallieMae can restructure to make it somewhere reasonable.
I know they can sue me and blah blah blah, but I DO want to repay the loan and I have some funds per paycheck that I can afford to but the amount owed per month I physically cannot make because I don't even make that amount they want. Does anyone have any suggestions? Again these are private so I cannot do the income contingent plan either because it is just for federal.

If I file an adversary, are the chances in my favor that the judge would atleast cancel some of the debt down to get me a reasonable payment? Any help and assistance is greatly appreciated.


Probably no chance since you do not even meet the minimum on the brunner test. You have not met the minimum standard in repayment attempts.

Do you have any federal loans? Does your chosen profession even come close to offering a salary that could meet this obligation? I would hope that you have he letters MD behind your name for this type of debt.


lrhall41

Submitted by SOAPLADY on Mon, 07/27/2009 - 06:42

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Nope. I am strictly sales and I do not see my salary increasing to the amount that would even come close to make a payment of 2800 a month. There is NOTHING I can do, but let Sallie mae know that I am wiling to pay, but again cant even come close right now. Its strictly looking at paper and saying this is how much he makes, this is the payment. Its not close! What is the minimum for the brunner test?


lrhall41

Submitted by anonymous on Mon, 07/27/2009 - 07:08

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Private student loans are similar to normal consumer loans. You agreed to terms that do not include "pay what you can afford" like federal loans offer. This is why private loans should be minimally used or avoided if possible. What you are willing to pay will not prevent Sallie Mae from suing you. With you balance being so massive, that would make you a prime candidate.

The Brunner Test (which can be googled) requires an extended period of attempts for payment. The courts also look at you deferments and forebarances and do put some personal responsiblity on the student for how long it took them to finish their education and get into repayment.


lrhall41

Submitted by SOAPLADY on Mon, 07/27/2009 - 07:20

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Could you please explain what "suing" means from a student loan perspective. I have been told that before but I don't know what Sallie mae could get from that. If they sue me, they can part of my paycheck which would be the best thing that happens to me. Like I stated I have a 2800 month payment. They would make out better by settling the debt or just restructure to get a payment that is affordable.

From your expertise, have you ever seen anyone with this amount? And what was the outcome? Thanks!


lrhall41

Submitted by anonymous on Mon, 07/27/2009 - 07:26

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Suing means they take you to court and get a judgement....they then can garnish 25% or whatever your states limit is in garnishment. They can also lein bank accounts and property at the same time. Even with setting up affordable payments they will still sue you. It protects their interests. As for settling, they are still likely to want at least $300K

In all my years of collections I only saw balances this high a couple of times and they were both in the medical profession.


lrhall41

Submitted by SOAPLADY on Mon, 07/27/2009 - 07:34

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