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Rework terms to ease student loan headaches

Dr. Don TaylorDear Dr. Don,
My bankruptcy was discharged three months ago. I still have $50,000 in student loans that were not able to be discharged. Even though I don't qualify for the hardship exemption, payments for this loan total about 70 percent of my take-home pay. I have already consolidated the loan and have almost exhausted my forbearance time. If I were able to get a lower interest rate that would help some, but my credit won't allow me to get a personal loan for that much. What can I do?
Thank you,
-- Annika Agglomerate

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Dear Annika,
Since you weren't able to get the student loans discharged when you filed for bankruptcy, and you're near the end of the forbearance period on the loan, then you need to restructure the loan to extend the loan term. Personal loans aren't the answer. The answer is to change your

The Federal Student Aid Ombudsman describes five different repayment plans on its Web site:

An income contingent repayment plan (ICR) can give you the flexibility you need. As discussed on the Department of Education Web site:

This plan gives you the flexibility to meet your Direct Loan obligations without causing undue financial hardship. Each year, your monthly payments will be calculated on the basis of your adjusted gross income, family size, and the total amount of your direct loans. To participate in the ICR plan, you must sign a form that permits the Internal Revenue Service to provide information about your income to the U.S. Department of Education. This information will be used to recalculate your monthly payment, adjusted annually based on the updated information.

If your payments are not large enough to cover the interest that has accumulated on your loans, the unpaid will be capitalized once each year. However, capitalization will not exceed 10 percent of the original amount you owed when you entered repayment. Interest will continue to accumulate but will no longer be capitalized.

The maximum repayment period is 25 years. If you make payments under the standard plan or the 12-year extended plan and then switch to the ICR plan, those periods are counted toward your 25-year repayment period. Time spent in other plans or in deferment or forbearance does not count toward the maximum 25 years. If you haven't fully repaid your loans after 25 years under this plan, the unpaid portion will be discharged. You will, however, have to pay taxes on the amount that is discharged.

Don't stick your head in the sand hoping for things to blow over, because they won't. Work with your lender to change your loan terms before the loan goes in to default. If problems crop up, talk to the FSA Ombudsman to see if that office can help you and your lender to come to terms.

 

 
-- Posted: Oct. 15, 2004
     

 

 
 

 

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