Question:
what happens to a debtor who simply
doesn't have and never will have
the money to pay a nondischargeable
debt like student loans?
Answer:
There are
some loan forgiveness programs if
you work in a designated "underserved
area" in specific professions
(public health, teaching). Peace
Corps and VISTA type programs simply
freeze your loans (no increased
interest) for the duration of your
service. The Army Reserve (and maybe
other branches) has a loan forgiveness
program if you join under a designated
"critical specialty".
I joined as an RN, but had to specifically
join under "surgical"
in order to get loan forgiveness.
For each year I served in the Reserves,
the government paid off $3K of my
loans. It doesn't matter what schooling
the loans were for, job-related
or not.
It's true
that the IRS is a nasty creditor,
but a lot has happened in recent
years to soften that image (and
the IRS's behavior): First, the
recent hearings on Capitol Hill
of IRS debtor "horror stories"
have put pressure on the IRS to
"reform" itself, lest
Congress intervene by ping new laws
to weaken its powers. Secondly,
the IRS introduced the "Offer
In Compromise" Plan several
years ago to allow tax debtors to
be forgiven a portion of what they
owe in exchange for what they can
afford to pay now. Unfortunately,
no such "Offer in Compromise"
plan has been introduced for student
loan debtors, who find themselves
unable to pay back government-backed
student loans, years after graduating.
You can either pay 100% (plus penalties
and interest) or you live underground
in constant fear of garnishment/judgment.
Congress has recently upped the
pressure by making student loans
nondischargeable FOREVER, thanks
to the Higher Education Amendments
of 1998 (it used to be that student
loans were dischargeable after maturing
7 years). Some have likened this
scheme to a virtual debtor's prison,
wherin an SL debtor can be in debt
the rest of one's life, with no
hope of attaining solvency or avoiding
harment and collections proceedings,
short of hitting the Lotto. Ironically,
the law now treats student loan
debtors more harshly than tax dodgers
and delinquint dads.
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