No Discharge For You! Bend Over For Access!

How’s this for legal reasoning? A judge refused a woman’s request for discharge of her student loans in part because she had been offered a job at a bank for $80,000. HOWEVER, because she had bad credit due to her loans, the bank withdrew the job offer. Unfortunately, the court didn’t find that it was “helpful to debtor’s case.”

Anyone who has a student loan had just better get used to bending over and really enjoying it, because the courts are not about to give anyone with a law degree a fresh start. Read it and weep:

[14] In this case, Debtor is a young, single woman with no dependents. She has an undergraduate degree and a law degree. She suffers from no physical or mental impairment to her ability to earn a living commensurate with her level of education. She has held several responsible positions as a paralegal for which she has been paid significant compensation. For example, in the position that she held at the time of trial, her annual salary was $51,500.00. According to her own testimony, a bank had offered her a position at an annual salary of $80,000.00.FN8

In short, Debtor is well educated, has acquired marketable skills in the legal field, enjoys good health and is not saddled with dependent care obligations that would prevent her from pursuing future employment. These attributes preclude her from proving that, for reasons beyond her control, she suffers from a total incapacity in the future to pay her student loan debts.
FN8.The fact that the bank withdrew the offer when Debtor revealed her personal financial situation is not helpful to Debtor’s case. Her financial situation is not a circumstance beyond her control.

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