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I am 61 years old and have student loan debt in my name for

 
PaulMJD's Avatar
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Customer 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?

 

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State/Country relating to Question: New York

Already Tried:
Deferrment and forbearance, I make $30 over the limit for income sensitive payments, interest only is too much also. As an aside, due to my ex-husband leaving me $30,000 in debt I had to file bankruptcy and paid $8,000 to the student loans and worked two jobs to do it. It has been 10 years since this happened and have been deferring and forbearing since then. Someone on the SallieMae line told me there is a process where I can "start over" and earn back my deferrments and forbearances.

Submitted: 1320 days and 8 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Expert:  PaulMJD replied 1320 days and 7 hours 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 1320 days and 7 hours 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.

Accepted Answer

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Expert:  PaulMJD replied 1320 days and 7 hours 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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Category: Legal
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Answered: 10/3/2009

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