Student Loan Bubble

For all the criticism the government takes for poor money management, they really do know how to bring in the revenue. They may not intend to bring it in, but they bring it in.

For example, the U.S. government has investments poised to make 55 cents on the dollar. And these investments are also almost impossible not to collect.

And these investments are you. Or at least those of you with government loans from law school.

Steven Harper, author of The Lawyer Bubble: A Profession in Crisis (affiliate link), reviews the problem — and the less than stellar proposed solutions coming from Congress and the White House…

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With the Notre Dame Fighting Irish’s attempt to win their first national championship in a quarter of a century, and at the same time, their attempt to end the Southeastern Conference’s years of dominance of the BCS, I am hoping that this return to glory by a once storied franchise will be accompanied by a return to glory for the storied legal profession.

When I was growing up, most thought of lawyers as highly educated, intelligent, and self-motivated (even to a fault) professionals. Many considered lawyers to be part of the upper echelon of society, and most people also believed that simply being a lawyer would result in a huge, guaranteed payday. And for most of college football history, the Fighting Irish received similarly high praise.

In recent years, however, both the legal profession and the Irish have been held up to strong criticism, and were unable to enjoy the same success people became accustomed to. Even while I was still in law school at my TTT, respected attorneys told me not to worry about the school I was attending, because by the time that I got to my second or third job, no one would care anymore. The little detail that everyone left out was just how much it would matter for that first job — because it’s rough to get to the second or third job when you can’t even find your first, no matter how hard you try.

Going along with the Fighting Irish’s return to the top, here’s a look at a few other things that were once closely associated with the legal profession that are no longer true, but would be welcomed back with open arms….

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Here at Above the Law, we frequently address law school loan debt and the many ways it has screwed over various members of the legal profession, including some of our own editors. As many of you know, both Elie and I graduated from law school with six figures of loan debt. And although we both have a seemingly insurmountable pile of debt to pay off, we’ve gone about doing so in different ways. He’s been paying collection agencies not to break his knees since 2007, and I’ve been paying my loans like a good little indentured servant since 2010.

But I’ve got to admit, that wouldn’t even be possible if it weren’t for income-based repayment (IBR), the magical plan that caps your payments at 15 percent of your discretionary income. With IBR, I’ve been able to continue making interest-only payments for about two years, gleefully awaiting the day that I’ll finally be able to dig into the principal amount — which will likely never happen, but hey, a girl can dream.

The pesky thing about IBR is that you have to reapply each year to tell your loan servicer that yes, you’re still ridiculously poor, and no, you still can’t afford to pay those insane amounts they’d expect you to fork over otherwise. I sent in my reapplication packet more than a month ago, specifically so that I’d know what my new payment amount would be for the upcoming bill’s due date.

So you can imagine my COMPLETE AND UTTER shock when I opened my mail this morning to see that with my glamorous “entry-level journalism salary,” I’d apparently been kicked off of my IBR plan.

Happy f**king New Year to me, right?

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Ed. note: Gradenfreude is a new series chronicling a recent law school graduate’s life after attending an unranked school. Feel free to email the author at TristanTaylorThomas@gmail.com, and he’ll respond ASAP. After all, it’s not like he has anything better to do.

When President Obama was debating Mitt Romney, he patted himself on the back because of the strides he took to give young people the chance to get an education by making student loans available.  I guess making loans available is all that really matters, because after all, who cares about having the loans paid off? That’s the one thing that he didn’t mention: once you accept the loans, you’ll be bent over a barrel for the rest of your life — unless, of course, you’re able to become a Senator and then write a couple of best-selling books.

I think that most students realize they’ll spend the vast majority of their lives paying off the loans they took out to further their educational pursuits.  What many may not realize is just how ridiculous the government is when it comes to getting their money back.  Their tactics and terms fall just short of being classified as Mafia-like. On the bright side, if there is one, at least no one’s broken my legs yet.

Although the government may allow for a deferment for economic hardship, if you have a full time job, it’s likely that you won’t meet the strict requirements to attain that deferment.  Because even when you work a job that only allows you to live in your parents’ basement, essentially as dependent upon them as you were in high school, the fine United States government still expects timely repayment.

That’s right: I currently make too much money to qualify for an economic hardship deferment, and I work for just over minimum wage.  Earning the least amount of money per hour that I ever have in my life, I am making too much money to earn the government’s pity….

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I’ve said countless times that discharging student debts through bankruptcy is nearly impossible because you must make a showing of “undue hardship.”

Showing undue hardship is a very high bar, and it takes a very long time. Prospective law students don’t really understand the difference between student loan debt and something like credit card debt until it’s way too late. And even when it’s too late, most people (and many lawyers) feel that it’s not even worth trying to convince a bankruptcy judge that a person holding a J.D. has the “certainty of hopelessness” required to get student debts discharged.

But an article this weekend in the New York Times suggested that more people should give “undue hardship” a whirl. Sure, the guy the Times chose to feature is freaking blind, but even absent a physical disability, the article suggests that undue hardship might be a real possibility for most people.

Hey, it doesn’t hurt to try. At least, it hurts less than the likely plan B of stabbing out your own eyes….

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Professor William Birdthistle

Welcome to the latest installment of Lawyers & Economics, our occasional video series on financial topics by Professor William Birdthistle of Chicago-Kent College of Law. He’s joined in some of these videos by an acting professional: Johnny Kastl, television actor turned 2L at Iowa Law, better known to some of you as Dr. Doug Murphy of “Scrubs.”

In the last video, Birdthistle and Kastl tackled the Greek debt crisis. Sadly enough, that problem remains unsolved, to the detriment of the world’s financial markets.

Today’s topic isn’t going away anytime soon either. If you have — or are thinking of taking on — student loans, keep reading….

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Dominique Strauss-Kahn

* Dominique Strauss-Kahn’s lawyer has a challenge for you: “I defy you to tell the difference between a naked prostitute and any other naked woman.” [Dealbreaker]

* It’s not often that Cravath partners leave for other firms, but it happens. Jeffrey Smith, former head of the environmental practice at Cravath, recently decamped for Crowell & Moring. [Am Law Daily]

* Former Bush Administration DOJ official John Elwood, now a partner at Vinson & Elkins, breaks down the Office of Legal Counsel’s recently issued opinion on recess appointments. [Volokh Conspiracy]

* Blawging, Flawging & the Mathematical Theory of Information. Also: what do laser hair removal in D.C. and lemon law in Wisconsin have in common? [Associate's Mind]

* Are Americans finally waking up to the higher education bubble? [Instapundit]

Professor Ann Althouse: birthday girl.

* It appears that Joseph Rakofsky, whose handling of a criminal case drew critical comment, struggles on the civil side too. Justice Emily Goodman returned a proposed order of his with this notation: “Decline to sign. Papers are incomprehensible.” [New York Personal Injury Law Blog]

* If you’re a trusts and estates lawyer or a reader of fiction, consider checking out this well-reviewed new novel by Patrick James O’Connor, which takes the form of an extended last will and testament. [Amazon (affiliate link)]

* Happy Birthday, Professor Althouse! [Althouse]

[A] law school could literally burn a huge sum of money and, as long as the flames were meant to teach something to the students — the craziness of the U.S. News algorithm, perhaps? — the school would benefit in the rankings.

New York Times journalist David Segal, responding to a reader’s question in relation to his series of articles about the economics of law schools. Segal’s latest article, For Law Schools, a Price to Play the A.B.A.’s Way (our coverage here), concluded the series.

(Additional excerpts from Segal’s responses, after the jump.)

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* The American Bar Association can’t handle law schools, yet Obama trusts them to vet potential judicial nominees. Well, seems like they’re doing a bang-up job with that, too. [New York Times]

* First the New Jersey bar exam results, and now more MF Global drama. Angry investors want to know if a lawsuit will help Jon Corzine remember where he put the missing $600M. [Bloomberg]

* Law school debt increased by $475M between 2008 and 2010. Grab a raincoat, because this bubble’s going to burst soon, and it’s not going to be pretty (except for Cooley Law; they’ll be rich). [Am Law Daily]

* And on that note, what on earth was Cornell Law thinking? Did they fail to realize that their Cooley rankings would plummet if they decimated their library square footage? [Cornell Daily Sun]

* UC Berkeley: “We never like to hurt our students.” Yeah, apparently that’s what the police are for. Occupy Berkeley protesters are suing the school over police brutality allegations. [Huffington Post]

Two petitions of possible interest showed up in our inbox today:

1. In favor of student loan forgiveness: This petition, reminiscent of Elie Mystal’s call for a student loan bailout, “strongly encourage[s] Congress and the President to support H. Res. 365, introduced by Rep. Hansen Clarke (D-MI), seeking student loan forgiveness as a means of economic stimulus.” (We mentioned H.R. 365 in Morning Docket.)

2. In favor of law school transparency: This petition, posted by Professor Paul Campos over at his formerly anonymous blog, calls for “the American Bar Association to require all schools it has accredited to release clear, accurate, and reasonably comprehensive information regarding graduate employment, by for example implementing the proposals outlined in Part III of the Law School Transparency Project’s white paper, A Way Forward: Transparency at U.S. Law Schools.”

We might have more to say about these petitions later. For now, we’ll just pass along the links (and you can argue the merits of these petitions in the comments).

Want a Real Economic Stimulus and Jobs Plan? Forgive Student Loan Debt! [SignOn.org]
Law School Petition [Inside the Law School Scam]

Earlier: Student Loan Bailout. Just Do It.
The Tenured Law Prof Turned ‘Scamblogger’ Reveals Himself

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