Being sued for private student loan debt.?

[dodya]

My wife went to law school, and took out a ton of debt. some public (perhaps $50K), some private (about $30K -- which is the reason for the suit). Well, she became unemployed in March 2009. Stupid move. We wanted to relocate to a better economy. Well, we came back to former city in late 2009 and have been shacking up w/ her folks ever since. We've had our first child. I am in the middle of trying to start a business and literally just paying for the business right now. She's hoping to get back to full time work here pretty quickly. She's got a couple of possibilities on the table. Well, we're in TN and her law school was in Calif. A law office in Nashville is operating as a collection agent for this private debt. The original loan company wouldn't hardly work with my wife through the unemployment, and for the past two years, the only employment she's had is seasonal tax assistance work. Less than $8K per year. Our annual income is ridiculously low.

This lawyer has filed suit against my wife and now we don't know what the hell to do... (IF SOME OF YOU THINK THAT JUST BECAUSE MY WIFE IS A LAWYER SHE SHOULD BE ABLE TO HANDLE THIS... , PLEASE TAKE NOTE, MY WIFE HAS NO EXPERIENCE IN BANKRUPTCY AND DEBT COLLECTION SUITS... SO IT'S NO DIFFERENT THAN A FAMILY PRACTICE PHYSICIAN PERFORMING A BRAIN SURGERY OR HEART TRANSPLANT. THERE'S NO CONNECTION THERE.).

She's being sued, and it's not like we're sitting on any cash. What little cash she has (less than $2K, she's trying to get back in good standing with the bar association since she's been absent for a couple years... and now... this bullcrap hits. I didn't make the economy go south, and neither did any of you folks... so be kind in your response. I don't need a lesson on ethics... the world literally fell out from beneath a lot of people and if you're one of the lucky folks not to get situationally screwed, consider yourself fortunate and try not to be judgmental. We didn't plan for this to happen. And we feel awful about it.

My question I guess is, for any of you lawyers that know bankruptcy... I'm well aware that student debt cannot be discharged by standard bankruptcy proceedings, although there is possible statutory law that was introduced in April 2010 (don't know if it passed) which can, in certain circumstances - as I understand it - make it easier to discharge private student debt, but I'm uncertain how to go about finding out what part of that legislation might apply to my wife.

Anyway, what is the likely outcome of this? Would a collection attorney really put up money to sue us for essentially nothing? You know the old adage "You can't squeeze blood out of a turnip." ?? Or do they just want to solicit personal information from us so that they can verify that my wife hasn't actually been intentionally stiffing anyone... she's just been legitimately underemployed and unemployed?

Thanks for the help.

[slaine]

The outcome is that your wife will have a judgment against her and that judgment will earn better than market interest over its life which is probably 20 years. At some point, it will become collectable and you can be sure that the holder of the judgment will be keeping tabs on your wife to see whether she's in a position to begin repaying. Her credit score will be adverely affected and this will impact her throughout her life from getting insurance to maintaining a bank account. You will have to be careful nkt to mingle funds, accounts and property with her.

It's tragic.

[donough]

Welcome to the hell of student loan debt. and sorry to say this, but the banks and Sallie Mae do believe you can squeeze blood out of a turnip. I think there is even a repayment plan now based on income. However, you will be paying for YEARS. YOur $20,000 can easily balloon to over $200,000 in total repayment. Student loans are legalized loan sharking. One thing to check into for at least the public loan, there may be loan forgiveness for working with low-income groups (maybe like doing tax work for the poor during tax season). Good luck.

[ashly]

I don't know the answer to your question but I honestly hope someone can help you. My husband had a stroke on christmas morning and we are pretty much in your shoes now. Just 4 months ago things were great and now our life is a mess. I hope someone helps you.

[tahmelapachme33]

they will go forward and get the judgment anticipating that at some point in the future your wife will have income again. The judgment is for 10 years and can be renewed for an additional 10 years (although it loses its priority).

At this stage, unless you are in a position to truly come up with a feasible payment plan you are kind of stuck. It doesn't help that the Bar will not look kindly at a judgment when your wife wishes to become active again, or take the TN bar exam.

I am not aware of any way you can discharge student loans in BK although it may well be worth a consultation with a BK attorney to confirm that.