Oregon law school graduate beats back $50,000 in student loans

The financial advice gets repeated as a mantra: Student loans are the one form of debt that can't be forgiven, even in bankruptcy. But a Klamath Falls man has proven that's not always true.
Mike Hedlund waged a 10-year legal battle to force his lender to discharge most of the $85,000 in federal student loans he built up while earning his 1997 law degree from Willamette University in Salem. He argued that, even when working full-time and living frugally, he could not repay that much money and also maintain a minimal standard of living for himself and his family.
Last week, in a decision that could affect debtors in eight states, a panel of the Ninth Circuit Court of Appeals in Pasadena, Calif., ruled in Hedlund's favor.
It upheld a bankruptcy judge's ruling that Hedlund proved all three factors necessary to have $53,000 of his debt forgiven: He made a good faith effort to repay the money; he can't earn enough to both repay the money and maintain a basic standard of living; and his inability to earn substantially more is likely to persist.
One twist to the case: Hedlund was unable to make much use of his expensive law degree. He failed the Oregon bar exam twice in his first year out of law school, then locked his keys inside his car on the way to his third scheduled test, and so missed it entirely. He did not try again.
Instead, Hedlund got a $40,000-a-year job as a Klamath County juvenile probation officer, a job he still holds.
"I had planned on making $200 an hour instead of $20 when I agreed" to take out loans totaling about $100,000, Hedlund said.
But testimony from an employment expert convinced judges that Hedlund holds a good-paying job for Klamath Falls and wouldn't likely earn a whole lot more as a starting lawyer there, particularly if he worked in the public sector.
Hedland expressed happiness and relief to have won, lowering his debt to $32,000 plus interest.
"I owe a car instead of a house now," he said. "It's huge for me. What I've wanted all along is something I can afford," not having the slate wiped clean, he said.
He and his wife have three daughters, and his wife works one day a week. He coaches soccer on the side to supplement his income and continues to live frugally, he said. "We don't go on many vacations, other than day trips. My newest car is six or seven years old and our other one is a '96 Explorer."
"I am happy that maybe this will help someone else in their dealings with the student loan people," he added.
When Hedlund graduated from Willamette, he owed two student loan companies. He struggled to pay either of them, but reached a deal with the smaller lender to repay $18,000 at $50 a month.
He tried to negotiate a repayment plan with the firm he owed $85,000, called Pennsylvania Higher Education Assistance Agency, but that lender would not agree to a plan Hedlund felt he could remotely afford.
That lender exists to make money to help Pennsylvania students afford college, and it currently holds $39 billion worth of student loan debt. A previous director stepped down in 2007 after a state audit revealed he'd issued millions in lucrative, undisclosed bonuses to managers and executives.
In 2003, Hedlund filed in federal bankruptcy court to have most of his remaining loan discharged. His parents footed his legal bill.
When a judge agreed that all but $30,000 should be wiped clean, the Pennsylvania agency appealed, setting off a 10-year legal odyssey that twice reached the Ninth Circuit. Hedlund filed to represent himself before that high court, but Ninth Circuit judges awarded him pro bono representation by an experienced San Francisco firm.
The Portland-based lawyer who represented the lender said Friday he would ask an official with the agency to comment on the decision. None did.
Natalie Scott, a Eugene lawyer who represented Hedlund, said lawyers for the loan agency suggested that forgiving most of Hedlund's loans would "open the flood gates" to healthy college graduates claiming they couldn't earn enough and demanding their loans be forgiven.
Scott said thinks a smaller set of borrowers will be affected, because Hedlund's actions and circumstances were particularly compelling. He tried repeatedly to work out a payment plan that he could deliver on; he made some payments; he worked full-time at a good-paying job and applied for jobs paying more; and he put up with having $280 a month garnished from his wages for 16 months without objecting.
Only when the second lender garnished $1,000 in one sweep, leaving him without money to support his wife and baby, did he file to erase most of his loan, she said.
"He had to make his showing, all this evidence, to get part of his loan discharged," Scott said. "This wasn't a case of, 'Oh, I went to school and I didn't get this dream job I thought I was going to get, so now I'm not going to pay what I owe.' He had made his best effort to pay."
--Betsy Hammond