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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110400
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am 61 years old and have student loan debt in my name for

Resolved Question:

I am 61 years old and have student loan debt in my name for two of my daughters. One has been brain injured in an accident so her promise to pay is a moot issue. Is there any way her portion of the loans can be cancelled. The loans in her name are in the process of being cancelled due to the fact that she will never work again. It has been a long process but in my case they say they ae in my name so it is a no go.

My loans defaulted to NYSHEC and I made arrangements to pay and after my first payment they prompty sold them back to SallieMae and the process started all over again. If I could get rid of the one daughter's loans and interest it would be a lot easier. Is dying the only answer?
Submitted: 7 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 7 years ago.
Student loans MAY be forgiven in bankruptcy but are very rarely forgiven by the bankruptcy courts. Unfortunately, student loans, absent showing some significant financial hardship, are really something that just do not go away. There is a process where they will recalculate your loans and cancel out the deferrment and forebearance time, but you still end up having to repay the loans with the interest and it is just something that is one of the hardest things in the world to make go away.

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Customer: replied 7 years ago.


I understand and agree and being able to get my forbearances and deferrments back would be helpful.


In your opinion would it be helpful to contact a local attorney who could help with just the portion of debt owed for my disabled daughter or is that a losing battle? Also, what kind of an attorney would be best suited for this.

Expert:  Law Educator, Esq. replied 7 years ago.
Unfortunately, getting these debts wiped clean is pretty much an impossible battle and hiring an attorney would likely be a losing battle. For the disabled daughter you could apply for a discharge of the loan based upon the permanent total disability and you need to apply for that through Sallie Mae and if they deny it then getting an attorney to pursue that discharge would be worth it.
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