Submitted by DD (not verified) on June 2, 2009 - 7:37pm.
As a borrower that became disabled I have found it IMPOSSBLE to find legal representation that would be willing to even attempt to represent me in bankruptcy court. The majority of them, or rather their paralegals, say you absolutely cannot discharge student loans for any reason whatsoever. When I cite the Federal statues and cite cases, I am told, it has never been done in this district. My loans have almost tripled due to interest, late fees, and so on as I have exhuasted all of my options with my loan company. I have legal training on the nonattorney level, I am aware of the requirements under the Undue Hardship clause and I feel that I may have a decent chance at it. I realize it is a daunting task. However, I cannot find an attorney in either states I have lived (TN and FL) who would even be willing to take on my case due to Judicial intpretation in their practicing districts even though there have been six cases in other states(districts) that have allowed it with the cases being very similar to my situation. The majority of them are not even aware of the undue hardship clause. Student loan companies do not work with you after their options have been exhausted. I will never own a home. I will never even be able to finance a car. I would gladly accept this for ten years but to ask a person to be financially burdened to this extreme for the rest of their life is rather cruel and burdensome. I will always have to be in fear of my income being garnished and thus not be able to live a minimal existence. In courts in the area I live in, denied an undue hardship discharge to a blind woman who was living in public housing and existing on foodstamps and $608.00 a month in Social Security Disability. Another case, a quadriplegic also living in public housing and on disability was also denied relief under the Undue Hardhip clause. Both of these individual's disability check is being garnished by student loan companies. Yet if either person had went out and foolishly charged over $100,000 in credit card debt, that debt would be discharged. The courts have to come to a fair, equitable standard and they have to use reason and realize that these rulings constitute cruel and unsual punishment for student loan debtors. One has to look at the totality of the circumstances rather than to have the mindset that every student loan borrower is trying to abuse the bankruptcy system to get out of student loan debt. I have been contacting my local representatives to no avail. It is not a matter of not wanting to pay, I would GLADLY pay the debt if I had the ability to do so. I am a responsbile citizen that had something uncontrollable and unfortunate happen to them.
Student Loans and the Undue Hardship Clause
As a borrower that became disabled I have found it IMPOSSBLE to find legal representation that would be willing to even attempt to represent me in bankruptcy court. The majority of them, or rather their paralegals, say you absolutely cannot discharge student loans for any reason whatsoever. When I cite the Federal statues and cite cases, I am told, it has never been done in this district. My loans have almost tripled due to interest, late fees, and so on as I have exhuasted all of my options with my loan company. I have legal training on the nonattorney level, I am aware of the requirements under the Undue Hardship clause and I feel that I may have a decent chance at it. I realize it is a daunting task. However, I cannot find an attorney in either states I have lived (TN and FL) who would even be willing to take on my case due to Judicial intpretation in their practicing districts even though there have been six cases in other states(districts) that have allowed it with the cases being very similar to my situation. The majority of them are not even aware of the undue hardship clause. Student loan companies do not work with you after their options have been exhausted. I will never own a home. I will never even be able to finance a car. I would gladly accept this for ten years but to ask a person to be financially burdened to this extreme for the rest of their life is rather cruel and burdensome. I will always have to be in fear of my income being garnished and thus not be able to live a minimal existence. In courts in the area I live in, denied an undue hardship discharge to a blind woman who was living in public housing and existing on foodstamps and $608.00 a month in Social Security Disability. Another case, a quadriplegic also living in public housing and on disability was also denied relief under the Undue Hardhip clause. Both of these individual's disability check is being garnished by student loan companies. Yet if either person had went out and foolishly charged over $100,000 in credit card debt, that debt would be discharged. The courts have to come to a fair, equitable standard and they have to use reason and realize that these rulings constitute cruel and unsual punishment for student loan debtors. One has to look at the totality of the circumstances rather than to have the mindset that every student loan borrower is trying to abuse the bankruptcy system to get out of student loan debt. I have been contacting my local representatives to no avail. It is not a matter of not wanting to pay, I would GLADLY pay the debt if I had the ability to do so. I am a responsbile citizen that had something uncontrollable and unfortunate happen to them.