Sun, Jul 05, 2009

Business

Student-loan forgiveness generally in short supply

By Steve Bucci
bankrate.com
Tucson, Arizona | Published: 03.11.2007
Q How long can they pursue a student-loan debt (from six years ago)? Does it have a statute of limitations? Thank you.
A Perhaps you have heard the expression that nothing is certain except for death and taxes. Well, student-loan debt is just one step behind owing the IRS on the ladder of debt longevity. And the IRS is only below St. Peter when you meet him at the pearly gates! (Although IRS agents do get into heaven, they lack jurisdiction there!) After all, the government either provides or secures the funds for student loans, so having to repay them should be no big surprise.
To answer the question you asked, no, student loans do not have a statute of limitations. Under most circumstances, you must repay the loan. Partial or full discharge or forgiveness of student loans is possible. My learned friends at the California Bankruptcy Attorneys tell me that there is still a limited-discharge right with respect to student loans for a "hardship." The kindly attorneys sometimes refer to this as the "iron lung" discharge because in their experience, unless you are expecting to be in an iron lung the rest of your life, it is unlikely that you will get the discharge of your student loan.
The court will need to be convinced that not only your present income but also your income for a long time to come will prevent you from paying the loan back. Permanent disability may give you a chance at this. If you go this route, check with an attorney. I am not now nor have I ever been accused of being an attorney, and this is definitely a situation where you want get a legal opinion on which to rely.
Among ways to pay down, discharge or cancel student loans:
Volunteer work: AmeriCorps (domestic arm of the Peace Corps) or the Peace Corps both offer education awards that can be used for tuition or to pay off student loans. Americorps will award $4,725 for a year's worth of successful service.
Military service: Those serving in the Army National Guard may be eligible to receive up to $10,000 through the Student Loan Repayment Program. Check with a local recruiter to determine your eligibility.
● Career choice: Teachers in schools that serve low-income students, work where there is a shortage of teachers in a particular subject or who teach disabled students in a public or nonprofit school are eligible for up to 100 percent of loan discharge.
The National Health Service Corps offers forgiveness programs to doctors who practice in regions that lack adequate health care. In addition, some medical facilities recruit candidates by dangling loan forgiveness.
Debt Adviser