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Need help / advice on a big debt decision

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  • Need help / advice on a big debt decision

    hello,

    i am having difficulty with a student loan decision and am wondering if i could get some input from people with experience in the same boat.

    i incurred my loan in 1991, when i was in my early 20s. my father asked me to take out student loans, but that he would pay them off later. i was able to get them without a co-signer. it was for a degree i didn't want (JD), and when i held up my end of the bargain - finished school; passed the bar - and he didn't, i was bitter and angry and miserable.

    i have lived my life being that way because i never wanted to be an attorney. stupid me, i thought i was somehow getting back at him, so i made no real attempt to make any significant dent in paying them back. i then suffered anxiety; depression; the whole ball of wax. i have never really practiced a day in my life and have regretted my decision to go to law school.

    cut to 2008. i took advantage of IBR and on my loan amount of $95,000, i only paid $200/month. did it alleviate the anxiety and depression? nope. today, my loan is $160,489.07. my estimated pay out date is 2032. i don't make much money and truly need a program like IBR to survive. but then...

    an older relative (on a fixed income) was a beneficiary to a life insurance policy. she has seen me struggle with this loan, and wants to help. she offered to pay off the entire amount, i called my student loan company to see if they would agree to a settlement but they won't because i am on IBR and in good standing. the representative suggested that i stay on IBR until 2032.

    i then called a student loan attorney who said that he wouldn't even try to settle my debt and instead offered this advice: to NOT pay off my loan; stay on IBR and just change my attitude. he told me to never get married; never be more than marginally employed (meaning: make no more than $65,000 a year) and never show any assets that can be traced to me. when i told him that the anxiety of having this loan was getting to me, he told me to just see a shrink but that i would be stupid to pay off anything and that my concerns about the tax consequences once my loan balance is forgiven are "unfounded". in his opinion, he doesn't think the government will force any person receiving loan forgiveness to actually have to pay a huge tax bill.

    my gut tells me that he is wrong; that by 2032, my loan will be triple what it is today and that i will then be in my 60s and really screwed. i also feel like the right thing to do is to pay off my loan; and long for a day without this hanging over my head. BUT... borrowing $160,981.07 from an 83 year old woman on a fixed income is also weighing on me. i will make her the beneficiary of my life insurance policy in case i pre-decease her and also pay her $ every month, but still.

    any thoughts on what you would do if faced with the same decision?

  • #2
    Paying off this debt is the right thing to do as you said.

    What do you do for a living? What does the rest of your financial picture look like?

    It sounds like your Dad forced you to go to law school, then didn't hold up his end of the bargain to pay your loans off. I can assume that you are no longer close with him or some of the rest of your family?

    Your attorney is wrong. Don't take that debt to your grave. It sounds like it is ruining your life.

    We'll need more info about you to provide more detailed advice.
    Brian

    Comment


    • #3
      response to bjl584

      Hi Brian,

      Thank you for answering my question.

      I am a paralegal now (10 months in this position), as I feel like I had to do something related to my degree. I relocated to WA and did not take the WA bar. I took and passed the CA bar in 1994, but never really practiced. I don't enjoy it, and after I pay off my loan, I think i will get as far away from anything to do with it. I have jumped from job to job and industry to industry over the years. The rest of my financial picture is OK, as I have no other debt. I have a tiny bit of retirement savings and live with my boyfriend, who is a homeowner. The silver lining to incurring this huge student loan is that it has kept me from incurring any other debt.

      My dad just passed last month, and the financial windfall the elderly relative received is from his estate. Unfortunately, my dad and I weren't close after he didn't keep up his end of the bargain and I found out that he had a second family during the time I was in law school. Fortunately, though, I saw him 3 days before he died (he couldn't speak due to having a massive stroke), and was able to tell him that I love and forgive him. I am ready to finally put all of this behind me and stop the woe-is-me BS that i have been carrying all of these years.

      The attorney that gave me the "advice" was very demeaning. In many ways, he sounded just like my dad. It was shocking to me that his view was "let the government pay for your loan and if they don't, plead your case to the IRS when your loan is forgiven". The recent events in Louisiana, shows me that disaster recovery aid is what the government should be assisting with; not student loan debt.

      Thank you so much for your input. I am fortunate to be able to pay off this loan and get the monkey off my back!!

      Comment


      • #4
        what is your income?

        what other monthly expenses do you have?

        do you have any other savings?

        any possibility of earning more income? part time job? new full time job?
        Brian

        Comment


        • #5
          If the windfall that the relative received was from your father's estate and your father is the one who offered to pay off the loans but never did, then graciously accept the family member's generous gift and be done with it. Think of it as your father finally paying off the loan they way he was supposed to. If the elderly relative has offered to pay, then the relative probably received more money than they feel that they need and can cover it. Worst case, keep in touch with that relative and if they ever have financial hardships, offer to help as much as you can afford to do so.

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