Is Stern entitled to a discharge of his student loans on grounds of undue hardship? James Stern

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Is Stern entitled to a discharge of his student loans on grounds of undue hardship?

James Stern took out student loans to attend Bates College and Syracuse College of Law. Afterward, he had difficulty finding a job as a lawyer, so he opened his own practice. Both he and his wife earned less than $20,000 a year.
A client sued Stern for malpractice. Although Stern won, his malpractice premiums increased so much that he could no longer afford the insurance. Believing that his debt and default on his student loans made him unemployable as a lawyer, he moved with his wife to her native country, France. Unfortunately, he did not speak French and, therefore, could not obtain a job, even as a street sweeper. His wife’s total income over six months in France was $2,200. Even more unfortunately, their expenses in France were higher than in the United States.
Stern owed $147,000 in student loans: $56,000 in principal and $91,000 in interest. He calculated that paying this debt would cost $1,167 per month over 30 years. He asked the court to discharge these student loans on grounds of undue hardship. As he put it, “I’m never going to be able to get a house, I’m never going to be able to have a car, and I won’t—you know, I want to have kids. I want to be responsible, and I can’t—I can’t possibly pay this amount and have a life, not with what I expect I’ll be able to earn.”

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Business Law and the Legal Environment

ISBN: 978-1111530600

6th Edition

Authors: Jeffrey F. Beatty, Susan S. Samuelson, Dean A. Bredeson

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