back to indexRPF0214-Jay_Fleischman_Interview
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Holiday today. I bring a lot of different types of content to you here on the show and 00:00:18.320 |
Some days it's fun and it's light and some days it's technical 00:00:23.840 |
Very rarely do I succeed in bringing together? 00:00:26.960 |
Really awesome technical content presented in a really fun and interesting format. But today 00:00:36.560 |
If you have student loans, or if you have anybody with student loans, or excuse me, you know anybody with student loans 00:00:43.440 |
Make sure that before you make any changes or do anything with those student loans you first listen to today's show 00:00:53.840 |
Welcome to the radical personal finance podcast, my name is joshua sheets and i'm your host. Thank you for listening 00:01:13.040 |
I appreciate your being here today. I've got an education for you. You already got the schooling 00:01:20.880 |
I get excited when I get to learn something and I learned a bunch 00:01:25.680 |
During the course of conducting today's interview. My guest is jay fleishman. He's an expert on student loans. You're gonna love this 00:01:33.920 |
It's a real treat to be able to talk with somebody who's an expert and who can just give you great ideas 00:01:48.320 |
In a really actionable way and today's interview is really going to be a treat for you 00:01:51.840 |
I think you're really going to enjoy it. You're going to want to grab a pen and paper and this is a show 00:01:54.640 |
You're going to want to listen to uh more than once if you 00:01:57.600 |
Have student loans, especially I know that I personally 00:02:01.600 |
Am have list i'm going to listen to this show 00:02:04.720 |
A couple of times to make sure that i've fully grasped the information even though I conducted the actual interview 00:02:12.320 |
Jay is an attorney as you'll hear in just a moment and also he hosts a podcast called the student loan show 00:02:18.160 |
And he reached out to me and offered to come on the show 00:02:20.080 |
He's a listener of the show and and i'm so glad that I had him on was a great interview 00:02:24.240 |
Grab a pen grab a piece of paper get ready to take notes and 00:02:27.840 |
Enjoy learning about some radical strategies that you can use to help you with your student loan 00:02:35.040 |
Jay welcome to the radical personal finance podcast. I appreciate you being with me today. Thanks for having me joshua 00:02:41.760 |
It's nice to have a subject matter expert on the show and I hope to dig a little bit into 00:02:48.320 |
Issues surrounding student loans, but i'd like to start with just an introduction 00:02:52.100 |
Would you be willing to share a little bit about your background and history? 00:02:55.600 |
And specifically as it relates to your involvement with the topic of student loans 00:02:59.200 |
Sure, I have been a consumer protection attorney since the end of 1995 00:03:08.140 |
focusing on the field of consumer bankruptcy protection, so that was really where I I 00:03:13.920 |
tell people I grew up as a bankruptcy lawyer and 00:03:20.720 |
Did only bankruptcy work for a very very long time and then about four years ago 00:03:28.800 |
Not knowing what to tell my clients who had student loan problems because for the most part student loans cannot 00:03:35.200 |
Be resolved through a bankruptcy proceeding and at that point I became 00:03:44.200 |
Another attorney by the name of joshua cohen who is a student loan attorney 00:03:48.880 |
And he practices out of vermont. He was in connecticut at the time and 00:03:54.560 |
I sat down and had lunch with him one day and he agreed to spill his secrets to me and I agreed to 00:04:01.360 |
Do my best work, uh for for people who had student loan problems and ever since then really i've been 00:04:13.300 |
Uh federal student loans as well as private student loans on behalf of of ordinary borrowers. So you have a national practice then 00:04:21.040 |
Working across the country or specific to one location. I I handle federal student loan resolution 00:04:30.000 |
Private student loan resolution. I only handle in new york and california because those are 00:04:37.120 |
Those loans are primarily going to deal with state-based questions and those are the only two states where i'm admitted to practice law 00:04:45.840 |
Let's start with the differences between private and federal student loans pretend that i'm interested in going to college and i've decided i'm going to borrow 00:04:53.920 |
Some loans to pay for my college tuition bills and i've got offers for private loans 00:05:03.040 |
How would I start to approach that process and what should I be aware of on the back end? 00:05:08.160 |
Especially as a prudent consumer a prudent borrower knowing knowing that there's always a risk that I might have some trouble 00:05:14.960 |
Paying these things off on their pre-agreed upon terms 00:05:18.480 |
Well federal student loans can only be taken out directly from the u.s 00:05:24.400 |
Department of education and that's been the case for the past six years 00:05:29.120 |
In order to be able to get federal student loans. You need to file your fafsa 00:05:38.640 |
Undergraduate or graduate school has gone through that process. It's an online form it 00:05:44.560 |
Enables the government to determine your eligibility for federal financial aid 00:05:52.400 |
Um, that's that's really the entry point for it 00:05:56.800 |
Um federal student loans are always going to be fixed rate 00:06:01.360 |
They are always going to be at rates that are mandated 00:06:08.240 |
By the federal government so that your federal student loan that you take out for fall semester of 2015 00:06:14.340 |
Is the same federal student loan that i'm going to take out for fall semester of 2015 00:06:29.120 |
Money that you want to take if you're taking student loans the reason for that is 00:06:37.840 |
Second of all federal student loans are not credit based 00:06:42.480 |
So if you take out a loan for your own education, there is no credit check 00:06:48.720 |
It doesn't matter if you've got good credit or bad credit 00:06:52.160 |
You're still going to get the same loan and you're still going to get the same rate 00:07:02.240 |
Um, you've got your standard repayment. That's 10 years. You've got your extended repayment 00:07:07.680 |
You've got your extended graduated repayment. You've got income-based repayment options. You've got deferment 00:07:13.140 |
You've got forbearance options. You've got a whole host of different ways that you can structure 00:07:22.640 |
Private student loans are no different than any other private bank loan 00:07:27.920 |
You go in you negotiate a rate with your bank. Most of them are going to come with variable interest rates 00:07:35.520 |
Most of them are going to require co-signers because they are all going to be credit based 00:07:49.420 |
A $25,000 loan that you're going to have to pay off within 10 years 00:07:53.740 |
That's what you've got. Those are the terms of your loan just like any other bank loan 00:07:59.740 |
You don't have any income-based repayment options. You don't have any debt forgiveness options loan discharge options 00:08:08.120 |
Disability options you've you've got no protections 00:08:13.980 |
That are outside what you would normally have in any other bank loan 00:08:18.300 |
With regard to the private loans are do those face the same? 00:08:22.780 |
Lack of ability to discharge in a bankruptcy proceeding as the federal loans do yes, they do and that's really 00:08:34.060 |
um federal student loans because they there are so many repayment options the fact that you can't 00:08:40.760 |
Discharge them in a bankruptcy proceeding for the most part there 00:08:44.920 |
There are circumstances where you can discharge a student loan in bankruptcy, but for the most part 00:08:52.120 |
um, the fact that the federal student loans are going to survive bankruptcy 00:08:58.920 |
As big of a problem given the fact that the federal government offers so many repayment options 00:09:07.800 |
No repayment options. No real ability to discharge those student loans. You're you're getting the worst of both worlds 00:09:15.240 |
What's the fact pattern that seems to emerge if you were going to look across your client base in the cases that you handle? 00:09:21.880 |
What would you say is probably the most common scenario that you wind up with where somebody has a lot of student loans? 00:09:29.720 |
A litigation event and really struggling what happened in those those cases? 00:09:43.000 |
The maximum amount that they were allowed to take 00:09:49.800 |
That their employment was going to be okay that they were going to graduate from school 00:09:55.080 |
They were going to get their degree or their certification 00:09:57.660 |
They were going to get a job that was going to pay them enough to repay the student loans 00:10:03.380 |
Reality is that that's not the case. That's not the economy that we live in and an undergraduate education 00:10:15.540 |
Do you find then that many of your clients are just kind of what i'll call 00:10:20.180 |
Stereotypical undergraduate graduates they went to school went to college. They spent I don't know 00:10:25.860 |
$15,000 a year and they got $60,000 student loans and graduated with a traditional bachelor's degree 00:10:30.660 |
Or do you find that you're dealing with clients who? 00:10:33.300 |
Decided to go to law school and quit after year two or decided to go to dentistry school and quit 00:10:39.460 |
No, no for the most part. It is folks who have gone through an undergraduate education 00:10:44.360 |
Come out the other end with the expectation that they'd be able to get a job and that that job was going to pay them enough 00:10:51.060 |
To not only provide for a living wage, but also provide for the ability to repay that student loan debt 00:10:59.300 |
Very very infrequently. Have I seen somebody who has begun? 00:11:06.980 |
For one reason or another hasn't been able to to complete it 00:11:10.180 |
it's pretty heartbreaking because when you go back and look I think it seems to be different, but 00:11:15.700 |
You start researching a little bit. I'll just call it the student loan scandal. I've read a few 00:11:24.100 |
There's some pretty shady stuff that's happened in the dishing out of these loans and i'm not ready to 00:11:29.460 |
Build a legal case at the moment, but there's at least enough shady stuff that i've read about and it's heartbreaking because 00:11:35.620 |
I've sat there as a financial planner. I haven't sat there as a bankruptcy attorney 00:11:40.100 |
But i've sat there as a financial planner kind of looking at the balance sheet and here i've faced a husband and wife and one of 00:11:48.420 |
My experience sixty thousand dollars for a soft kind of fuzzy undergraduate degree and 00:11:54.020 |
You know communications or counseling or something and I work in making thirty five thousand dollars a year and that 00:12:04.020 |
I'm all for being a well-educated well-rounded person 00:12:06.900 |
But speaking on financial terms that bachelor's degree had no impact on their life whatsoever 00:12:12.520 |
And they wandered in foolishly to this situation. It's a heartbreaking 00:12:21.540 |
I mean think back to when you were 18 years old and going to college. I was 00:12:30.340 |
You were just a normal 18 year old and your parents probably said you've got to go to college because that's what you do 00:12:37.060 |
Because you're gonna have a better life. You're gonna make more money and the world's gonna be far better for you. So 00:12:46.900 |
Had drunk the kool-aid you drank the kool-aid you came out on the other end of it thinking a degree itself 00:12:54.660 |
Was going to be your ticket to a better financial situation 00:13:00.880 |
Necessarily making a determination in advance of what that degree was going to be, you know, I went into 00:13:10.100 |
And I went into college and on day one. I declared a major 00:13:19.140 |
Just a few weeks after that was when the market crashed and I was still an economics major and that's what I was going to be 00:13:34.100 |
You need to make sure that the major that you're going to choose 00:13:40.500 |
Is going to be something that's got a financial 00:13:46.240 |
Trajectory or a career trajectory that's going to take you where you where you need to be 00:13:52.160 |
Because if you're going to be a communications major an english literature major or a history major 00:13:59.260 |
Unless you've got a plan to go to grad school of some sort 00:14:07.820 |
Set of skills that you're going to walk out with right. You're just not um 00:14:13.100 |
And a lot of what's happened in the student loan market you talk about the student loan scam a lot of this happened 00:14:19.740 |
because of the changes in the bankruptcy code in 00:14:23.580 |
2005 up until 2005 you were able to discharge 00:14:30.540 |
Just like any other debt any credit card or personal loan or what have you? 00:14:40.120 |
2005 was when the bankruptcy law was changed and 00:14:43.400 |
It was amended to roll private student loans in the same way that federal student loans were rolled in now at the same time 00:14:52.640 |
You had the mortgage market was was still going full swing right I mean everybody was still buying houses 00:15:00.040 |
But what was happening was the mortgage market was in such a state that 00:15:19.840 |
The investors were starting to dig deeper and deeper and deeper into the subprime 00:15:25.840 |
Arena to be able to get more people into the system to be able to create 00:15:31.280 |
more of these securitized trusts to be able to get a 00:15:38.160 |
When that started running out the Wall Street? 00:15:46.480 |
securitize private student loans the exact same way that they securitized mortgages and 00:15:54.320 |
Like mortgages there was very little risk of downside in 00:16:04.040 |
There's very little risk of downside because what's the worst that can happen we get the house back 00:16:09.200 |
That's the worst that can happen and if the value of the house goes down a little bit fine 00:16:16.600 |
But we're never gonna lose our shirt that that was the thinking behind 00:16:21.160 |
Behind the way that the risk was put together 00:16:23.840 |
For student loans it was very similar. What's the risk of loss in a private student loan? 00:16:30.440 |
Well, they don't pay and then we sue and then we get a judgment 00:16:33.880 |
And we get a garnishment there we freeze bank accounts or we put liens on real property 00:16:39.200 |
But they can't go into bankruptcy and discharge the obligation so we've got a very small amount of downside 00:16:46.880 |
That's really when the private student loan market took off 00:16:51.240 |
because all of the financial institutions were able to securitize those student loans and 00:17:00.400 |
Be able to create additional investment vehicles for people who are hungry for them 00:17:06.040 |
So suddenly you had this limitless market now when you've got a limitless market for money 00:17:17.920 |
You look at higher education you look at the standard 00:17:21.260 |
Colleges and universities, but you also look at the for-profit 00:17:35.800 |
They sit down and they realize well, wait a minute we can increase 00:17:40.720 |
Our tuition to any amount of money that we want 00:17:45.360 |
Because we know that a student walking in can always get a private student loan 00:17:53.880 |
we know that we can part of the sales package is 00:17:58.640 |
You don't have to worry about any of the money 00:18:00.800 |
All you have to do is take out a loan and you'll pay it back later when you're making all this money after your graduation 00:18:12.680 |
Ridiculous numbers that's that's when you start seeing this hockey stick of the increase in tuition 00:18:20.400 |
So one feeds the other that's the great student loan scam and everybody was complicit in it 00:18:30.480 |
Have do you have an opinion on the involvement? 00:18:33.120 |
As far as different people's the involvement in influence over getting that law changed 00:18:43.520 |
I'm kind of opening you up kind of just I'm just interested in hearing you talk about it because it really 00:18:48.720 |
Frustrates me from that perspective, but I'm interested in your perspective on the actual political and legal maneuverings 00:18:55.200 |
that resulted in that. Oh my god. Well, the the political maneuverings had been going on for years 00:19:02.000 |
They've been trying to get the bankruptcy code changed for years. I started practicing I 00:19:11.720 |
In December of 1995 and the code had just been changed in 94 00:19:23.440 |
Believe that the political landscape started shifting in 00:19:26.720 |
1998 that was when they started trying to get the law changed so it took them from 98 to 00:19:37.240 |
It was there was an enormous amount of money behind it 00:19:48.920 |
I'm very active in the National Association of Consumer Bankruptcy Attorneys. So I was watching a lot of 00:19:55.480 |
the the lobbying efforts that NACPA was undertaking to 00:20:01.200 |
to bring to light the stories of the consumer because 00:20:10.280 |
that the financial institutions were waving was 00:20:19.080 |
honestly going into bankruptcy and the bankruptcy system is 00:20:27.200 |
That's that's what they said. That's what they said it was 00:20:31.840 |
People who file for bankruptcy are dishonest. They're trying to pull one over on the system. They're deadbeats 00:20:39.720 |
They're dragging down the rest of the economy. We need to be able to curtail their ability 00:20:45.520 |
to seek the protection of the bankruptcy court court that was that was what they came out with and 00:20:51.360 |
It president Clinton fought against it and and he his administration was was 00:21:04.000 |
and then later administrations and you know, the winds changed 00:21:09.680 |
And ultimately they were able to get it passed. Now. The thing is with respect to student loans 00:21:25.080 |
We were the only ones who were watching that specific provision 00:21:35.480 |
we were the only ones that were talking about the change were the only ones that were watching the change and 00:21:41.800 |
Nobody else was paying attention to it. The press didn't talk about it. It was impossible to get a story in 00:22:00.520 |
Poor students who just want a better life and look at the short end of the stick that they're getting. 00:22:06.400 |
I think this is an issue that I was dead wrong on in the past when I was younger I 00:22:14.960 |
you know, I very much had the perspective of the story of people are abusing the bankruptcy code and 00:22:21.320 |
I don't remember the specific influences of that, but I very strongly had that 00:22:27.400 |
that perspective and I remember I think I remember even when that law changed in in '05 00:22:34.600 |
Kind of being very much in the pro. Yeah, finally, you know somebody cracking down on this bankruptcy 00:22:40.600 |
This on all these these these these people these unethical people who are out declaring bankruptcy 00:22:49.040 |
I think I was flat out wrong on that and I've learned over the last 10 years 00:22:53.760 |
My experience has been I'm sure you know as a financial plan with limited exposure 00:22:58.520 |
I'm sure that there have been a few I'm sure there are some people who abuse the bankruptcy system 00:23:03.680 |
But my experience has been most of the people that I've done financial counseling with who have been in that situation 00:23:09.080 |
Hasn't been through abuse. It may have been through foolish decisions 00:23:13.640 |
Oftentimes it was due through I mean and I'd love for you to comment on the primary reasons 00:23:18.960 |
but things you know medical events unexpected medical events loss of business things like that and 00:23:24.400 |
when I started studying it and I realized how 00:23:27.440 |
important there's a strong argument to be made for how important the the 00:23:32.400 |
Relatively and again correct me in a moment and anything I've gotten wrong here 00:23:36.280 |
But on how the relatively liberal bankruptcy provisions of the United States as compared to many other countries 00:23:42.520 |
How important that has been to the growth of economy the ability of an entrepreneur? 00:23:47.240 |
especially and an individual to kind of reset and be able to start over again and not be stuck with 00:23:54.000 |
Charles Dickens version of a debtor's prison for the rest of their life 00:23:58.240 |
Yeah, it's it bankruptcy is a financial is a financial safety net and 00:24:04.400 |
It's always been that way or in the modern iteration of the bankruptcy laws 00:24:10.800 |
it's been a financial safety net that allows you to 00:24:23.000 |
Think beyond where you are and and yeah, there are some people who just make bad financial decisions and 00:24:31.400 |
Like I said, I've been a bankruptcy lawyer since the end of 1995 00:24:35.600 |
there have been there have been those people that come in and sit down in front of me and I just 00:24:42.120 |
We look at each other and we say yeah, you know, that wasn't the smartest move you've ever made but 00:24:50.320 |
all that often at all and and and this was something that I 00:24:56.800 |
Didn't realize when I set off on my career path 00:25:12.480 |
One of the big reasons for people to go into bankruptcy is love it's amazing 00:25:21.360 |
Family members co-signing for cars for other family members 00:25:33.320 |
Grandparents were brought into bankruptcy only because they co-signed for a grandchild's 00:25:40.000 |
automobile first car out and now what we're seeing is a 00:25:45.400 |
Lot of the people who are being brought down by private student loans our grandparents 00:25:52.240 |
Because because private student loans again, they're credit based 00:25:57.000 |
Now if you look at an 18 year old and then you look at their parents 00:26:02.760 |
well, their parents probably don't have great credit because they've just been through the ringer of 00:26:11.680 |
They've they've had diminished income they have 00:26:16.040 |
Diminished value of their assets. Maybe they went through financial hardship on their own 00:26:21.920 |
so who do you look to you look to the grandparents you look to the 00:26:27.480 |
The retiree who's got a stable income who probably owns their house 00:26:32.880 |
Outright if not darn close to it who isn't making any major financial investments right now 00:26:39.480 |
There's there's no new money going out. They're the stable one 00:26:43.360 |
So the grandchild goes to the grandparent ask them to co-sign the student loan because they're the ones with the best credit in the family 00:26:53.160 |
I I have a client in my office who has a hundred and forty six 00:27:08.320 |
who had hoped it to you know live in the American Dream and 00:27:22.920 |
been dragged into court by National Collegiate Student Loan Trust who is 00:27:49.640 |
And so I want to talk about some specific advice and then if we have time 00:27:55.360 |
And it's back into even that situation that you're in with that with that client 00:27:59.680 |
But let's start kind of a little bit farther back and try to help people avoid 00:28:06.720 |
Let's try to help people avoid that and the comment I have to throw in one of my one of my favorite Bible verses on 00:28:13.920 |
Proverbs on co-signing I just I love this because I love the language of it 00:28:18.520 |
but I'll read it my child if you co-sign a loan for a friend or 00:28:23.120 |
Guarantee the debt of someone you hardly know if you've trapped yourself by your agreement and are caught by what you said 00:28:30.800 |
If you possibly can you've placed yourself at your friends mercy now swallow your pride go and beg to have your name erased 00:28:40.880 |
So in my mind, that's a good place to start for a co-signing that's from from Proverbs 6 6 00:28:47.080 |
But I just had to throw that in because it's one of my it's one of the simplest things to avoid 00:28:55.000 |
Heart of compassion that starts to tug at our heartstrings of saying I really love this person 00:29:00.400 |
I want them to get a good education. I want them to have a nice car 00:29:03.680 |
I want them to be able to buy this house their life is gonna be 00:29:06.720 |
Improved but I tell you the number at least my observation the number of times it works out 00:29:10.760 |
Well are far fewer many fewer than the times it works out poorly 00:29:15.720 |
Yeah, let's start at the beginning and assume that I have gone to school 00:29:21.760 |
I have made some I've taken out student loans and I've gotten out of school 00:29:27.760 |
I've got some student loans. I've got a you know, I've got a car payment. I've got a mortgage 00:29:32.240 |
I've got ten thousand bucks of credit card debt. So 00:29:36.360 |
Median income doing all right, you know, my wife and I are both working 00:29:40.160 |
But then all of a sudden we find out that we're having a kid and then fast-forward a few months 00:29:44.720 |
She has a difficult pregnancy and she's on bedrest. She loses her job. We have a child 00:29:50.480 |
maybe the child has some special needs and so she's not gonna be able to work and now I'm kind of stuck and 00:29:56.640 |
The month is more than the money and I I'm still sort of making it but I recognize that 00:30:06.000 |
What if you had the opportunity to give somebody some advice at that situation where the plan? 00:30:10.880 |
Isn't working out quite as well as it was supposed to be and we're we can see that we're gonna start to have some problems 00:30:16.480 |
Knowing what you know, what would you want to proactively do in that situation? 00:30:21.560 |
Well talk about stacking the deck against somebody in that fact. I had to give a little bit 00:30:30.240 |
I'm waiting for you to tell me that they're tied to the train tracks 00:30:35.080 |
And you know the train is approaching I I I'm actually going to back out 00:30:41.000 |
From that fact pattern because I'm I I'm gonna tell you what to do the day you graduate from college 00:30:48.280 |
Okay, because I like that even better. There's there's one thing that you can do on that day 00:30:54.880 |
You know when you graduate from college you get a six-month 00:30:59.600 |
Window until you have to start paying your student loans, right? Yes federal student loans. You get us you get a six-month window 00:31:20.480 |
The first thing you do for your federal student loans is you get yourself into one of the income based 00:31:31.600 |
It is different than for people who graduated some time ago, and I'll I'll review the two the two 00:31:38.200 |
The two options for new graduates. It's called pay as you earn or new IBR 00:31:46.000 |
It allows you to set your student loan payments at ten percent of your 00:32:00.200 |
Disposable adjusted gross income is household adjusted gross income from the bottom line of your tax return 00:32:07.800 |
Post post retirement contributions. Yep bottom line. I'm on last class. Okay. Yep last line at the 1040 00:32:19.080 |
150 percent of the poverty level for a household of your size 00:32:29.200 |
Now if you think about it when you come out of college 00:32:33.080 |
What is more than likely going to be your adjusted gross income for the year immediately prior? 00:32:41.280 |
It's gonna be really low isn't it right? It's gonna be either 00:32:45.400 |
You know, maybe you'll maybe you work part-time 00:32:48.520 |
Maybe you made minimum wage maybe a little over that maybe it's zero 00:32:54.080 |
So if you put yourself into IBR or pay as you earn that day 00:32:58.880 |
You're paying for for new loans pays you earn is 10% old IBR is 15% 00:33:10.800 |
Exactly. You can be in repayment at zero dollars a month 00:33:15.800 |
That's right. Yep, and you recertify once a year 00:33:23.960 |
That why do you want to get yourself into one of these income based repayment options because for newer loans the 10% 00:33:31.000 |
Repayment option at the end of 20 years of repayment 00:33:34.920 |
The unpaid balance is discharged for old loans 00:33:44.160 |
We're talking only about federal loans here, right only federal loans and is discharged without regard to the size of the balance 00:33:52.840 |
without regard to the size of the balance now just a caveat as 00:33:57.840 |
Of right now the way that the regs are written 00:34:08.240 |
That's 20 or 25 years down the road and number two. You only pay taxes on 00:34:18.240 |
Debt settlement income to the extent that you're solvent when you get the 1099 00:34:24.600 |
So if you're in solvent 20 or 25 years from now, and it's not that hard to be in solvent 00:34:34.040 |
You may not even have to pay taxes, but that's that's kicking the can very far down the road 00:34:39.760 |
In addition if you come out of school and you work in public service 00:34:49.320 |
municipal government or a 501 c3 not-for-profit 00:35:01.680 |
The unpaid balance is forgiven no 1099 and it's only 10 years 00:35:08.320 |
Okay, okay, so here's the scenario so my show is called the radical personal finance 00:35:18.800 |
I've decided that I need to build a social network that is strong 00:35:23.280 |
So I'm going to choose to go to an Ivy League school. Unfortunately, I don't have a lot of I don't have a lot of 00:35:28.120 |
Background I'm gonna max out the federal loan system with as many loans as I can get from the federal loan system 00:35:34.960 |
I'm gonna go ahead and set up my Ivy League school and I'm gonna focus on building my social network 00:35:39.960 |
once I get out I'm going to establish my own 501 c3 to 00:35:45.440 |
To you know be the change that I wish to see in the world 00:35:48.760 |
And it's gonna take me at least 10 years to build this thing and because I'm good at living cheap 00:35:54.160 |
I don't really need to even though I'm the executive director. I don't need to bring that much out of it as 00:36:07.160 |
Relatively low and I am gonna go ahead and since I am the executive director 00:36:11.840 |
I am gonna go ahead and put in place a pension plan 00:36:15.280 |
And establish that and I'm gonna defer the maximum contribution to that pension plan for the first 10 years of running that 00:36:21.360 |
Organization while we get things going because we believe that it's in the best interest of all of our 00:36:29.600 |
Of the nonprofit not-for-profit organization be able to defer the maximum amount of money their retirement accounts 00:36:37.760 |
So long as you are employed full-time by that 501 c3 00:36:43.080 |
Sounds like a great plan to me. I like it. This is good 00:36:46.880 |
So keep going. Yeah, absolutely. So that that's your federal money and 00:36:52.560 |
By the way, you should be maxing your federal money 00:36:57.120 |
If you're good, like I said at the beginning if you're gonna take money take the federal first 00:37:01.680 |
It's the cheapest it gives you the most options and what's the current interest rate on federal student loans at the moment? 00:37:10.800 |
Hang on. They just announced what the rate was going to be for July 00:37:17.040 |
This ballpark is fine. No, I want to give you the real number 00:37:34.560 |
5.84 for unsubsidized. Let me explain the difference between subsidized and 00:37:44.680 |
Subsidized student loans the federal government pays the interest while you are in school 00:37:57.960 |
Interest accrues from the minute that you take out the loan 00:38:01.160 |
So if you take out a five thousand dollar loan, you're gonna owe more than five thousand dollars on graduation day 00:38:08.000 |
If it's unsubsidized if it's subsidized on graduation day, you'll owe five thousand dollars 00:38:17.880 |
But as you can see the rates are fairly low and they're fixed once you take out the loan 00:38:26.800 |
The interest rate remains the same until it is paid off 00:38:31.040 |
For the federal loans for the private student loans. They are all variable 00:38:41.040 |
The interest rate adjusting on a monthly basis 00:38:52.560 |
You have no discharge options. You've got no forgiveness options 00:39:01.960 |
between federal or private if you can bring your IBR payment down or 00:39:20.920 |
Because you want to get rid of them as quickly as you can right now 00:39:26.240 |
If you can't make the private student loan payment, let's talk about that 00:39:33.200 |
What happens if you can't make the payment, right? 00:39:36.800 |
Don't make partial payments doesn't help you it doesn't 00:39:42.840 |
Make the lender like you the lender isn't a person. They're an institution 00:39:57.880 |
There is no difference between a private student loan and a bank loan or credit card. So what happens is 00:40:11.200 |
After 180 days they charge off the account, which is just an accounting term. It doesn't mean that you don't owe the money 00:40:21.200 |
You go to a collection agency. You go to a second tier collection agency and then ultimately you find yourself 00:40:36.280 |
There is a statute of limitations a time limitation 00:40:44.800 |
to file legal action against you once you go into default and 00:40:51.000 |
That amount of time is going to vary state by state 00:40:56.800 |
So you want to talk to somebody you want to talk to a lawyer in your state to find out how much time they have? 00:41:04.920 |
Not every private student loan is going to file a lawsuit against you 00:41:13.800 |
Some of them will sometimes they will sometimes they won't there's no way of knowing but if you can't make the payments 00:41:26.400 |
you know at that stage of the game what I tell my clients if they come to me and they're 00:41:32.720 |
Three years past you on their private student loans and they say I want to I want to settle the student loan. I want to 00:41:40.280 |
deal with the collection agency or I want to start making payments again because 00:41:44.760 |
Because I I don't want it past you on my on my credit anymore 00:41:50.160 |
What I tell my clients is at that point the damage is already done 00:41:55.780 |
your credit score is already shot you've already got the collection on your credit report and 00:42:06.240 |
Somebody files legal action against you if you're that far past due 00:42:25.500 |
If you're that far behind and it's not easily caught up then go ahead and just wait for litigation and then go ahead get 00:42:31.480 |
Representation and and go and fight it there. Yeah, absolutely 00:42:35.760 |
You're dealing because you're dealing with a lawyer instead of dealing with a collection agency. There's a very different mindset 00:42:42.600 |
And as I tell my clients all the time when you're just in collections 00:42:50.760 |
You ask them for documentation or information whether they give it to you or not. It's all voluntary 00:42:56.000 |
You ask them for a settlement whether they agree to it or not. It's all voluntary on the flip side. They ask you for money 00:43:05.120 |
You bring it into court suddenly you've got discovery. You've got disclosure rules. You've got rules of evidence 00:43:17.600 |
over every legal hurdle to prove the case and to prove the amount of money that you owe and 00:43:24.240 |
That they're even collecting in a timely fashion 00:43:31.200 |
When you're in that litigation the collection agency's attorney is there 00:43:35.840 |
Obviously if you have assets then I would assume their goal is to attach your assets 00:43:41.840 |
But is there more likely goal considering you probably don't have money. You probably had something happen 00:43:47.280 |
Is there more likely goal garnishment of wages? Is that what they're working towards? 00:43:50.760 |
Is their goal of the successful lawsuit against you? 00:43:53.920 |
They're working towards all of it. Some states don't allow wage garnishment some states really 00:44:00.300 |
Yeah, some states don't have wage garnishment. I believe I believe if memory serves correctly that Texas does not have wage garnishment 00:44:07.700 |
There are some states that have unlimited homestead, which means that they cannot put a lien against your real estate 00:44:15.760 |
Florida has unlimited homestead. Texas has unlimited homestead other states have limited homesteads 00:44:23.000 |
In some states a judgment is automatically a lien against real estate in other states 00:44:29.640 |
They need to jump through some extra hoops to be able to get the lien put on some states have higher wage garnishment 00:44:36.160 |
some states in in in community property states a 00:44:42.120 |
Judgment can be executed against all community property assets. What that means is if you're married in 00:44:54.240 |
What's yours is mine and what's mine is yours which means that my wife's income 00:44:59.360 |
Is in the absence of a prenuptial or postnuptial agreement my wife's income is community property 00:45:10.380 |
They sue me they get a judgment against me. They can execute against my wife's wages. They can garnish my wife's paycheck 00:45:28.400 |
Be a lot simple, I guess it's always a lot simpler if you pay him up pay it pay things off early 00:45:37.000 |
you know, I used to be leery of attorneys and then I had a client who was a bankruptcy attorney and 00:45:41.400 |
I started talking to him about some of these details and from then on I learned what I didn't know and from then on I 00:45:48.640 |
Just said cut and I would send so many people I said you're in trouble here called call the bankruptcy attorney 00:45:53.880 |
And there is a reason you want good representation to come out ahead in these situations 00:46:03.880 |
because and and we talked earlier about those 00:46:08.360 |
Securitization scheme and and how the assets and how the debts get transferred and poured over into these investment vehicles 00:46:15.500 |
What we're finding is that the paperwork is just as shoddy in 00:46:22.200 |
student loans as it was in the mortgage market which which means that 00:46:28.480 |
it's never a slam-dunk case on either side of the fence if if you're defending the lawsuit and 00:46:35.840 |
Either you know enough about the lay of the land or your attorney knows enough about the lay of the land 00:46:43.000 |
you really have a lot of leverage to be able to 00:46:49.640 |
Negotiate some pretty favorable settlements in some situations 00:46:53.680 |
Because it's it's not a slam-dunk case on the part of the lenders 00:46:59.520 |
Are you getting have you had any cases where because of paperwork? 00:47:04.800 |
Irregularities will use the politically correct term that you've had a complete discharge of the debt I 00:47:20.160 |
I'll get to the point where I've done full discovery on the case 00:47:25.200 |
And I've recognized that there are holes in the case and that they don't have they don't have a slam-dunk whatsoever 00:47:32.040 |
I'll go back to my client let my client know but my clients position is 00:47:40.120 |
Well, even if there's a hole in their case they could still conceivably win 00:47:48.960 |
Because they could it it all comes down to a judge and it all comes down to it what an individual 00:47:54.760 |
human being is going to rule whether or not those holes in their case and whether or not the lapse in chain of 00:48:10.640 |
to a person have all at that juncture said to me I 00:48:15.800 |
Don't want to take the risk. I'm not willing to take any risk whatsoever 00:48:22.360 |
Leverage that we can settle it far more aggressively than might otherwise be the case 00:48:36.880 |
I I have not gotten to the point where I have done a complete discharge of 00:48:43.280 |
that private student loan in a litigation context because 00:48:51.960 |
Sometimes it doesn't matter who's wrong or right? 00:48:54.960 |
Sometimes it just matters whether the judge had a bad cup of coffee that morning, right? 00:49:02.280 |
I mean when you get if you can negotiate an aggressive settlement at some point in time 00:49:06.120 |
the the reality is the borrower borrowed the money and that also 00:49:11.680 |
Satisfies some of the the moral obligation to repay and if you can negotiate a fair settlement 00:49:17.720 |
Where both parties interests are protected then I I can understand why most I can understand why most people would 00:49:29.200 |
I want to ask a question when you're originally talking about 00:49:32.040 |
The decision to make right when you graduate from college and I'm glad that you shared that 00:49:36.920 |
Because that's not something that I've ever known to advise people, but I I like that advice 00:49:42.080 |
Is there if you don't take advantage of that deferral? 00:49:45.720 |
Is there any way to save that and for example use that six month deferral in the future if you? 00:49:51.000 |
Ran into financial stress or anything like that 00:49:56.160 |
There are financial hardship forbearance is that that you can engage in 00:50:03.800 |
Depending upon depending on based upon just like okay. We saved that six month 00:50:07.680 |
Scenario that's a one-day thing no no that's user to lose it, but but again bear in mind if if 00:50:21.800 |
$75,000 a year before your student loan payment was 00:50:31.640 |
Income based repayment or pays you earn you pick up the phone and you call your servicer 00:50:36.840 |
And you say I just lost my job. I want to recertify my IBR now and 00:50:45.880 |
The amount of money that's due on a monthly basis without 00:50:53.440 |
I've got it. Yeah, go ahead good if you've got a zero dollar income then 00:51:01.840 |
You ratchet your payments down to 10% of zero dollars right okay, right? 00:51:07.560 |
So that what you shared it's incredibly valuable, and I want to manage the time of our interview here 00:51:15.760 |
I've got a question that came in from a listener, but I want to make sure that if you have for example additional 00:51:21.840 |
Suggestions in the same line that you started to answer my question from here's what you do from college 00:51:26.860 |
That you that you continue with that. Do you have an additional? 00:51:31.440 |
Recommend do you have additional recommendations for the scenario? 00:51:35.040 |
I outlined or for that college student who's gone ahead and followed that initial advice in 00:51:39.800 |
Give additional recommendations along that line I do to to to a limited extent if you've got private student loans 00:51:47.920 |
You want to be able to go back to the lender and find out what their procedure? 00:51:55.680 |
co-borrower release is a lot of lenders offer the ability to get a 00:52:14.440 |
the ability to get your co-borrower release if you've made two years worth of regular payments and 00:52:21.360 |
You're financially able to handle the loan on your own now of course that's gonna 00:52:25.120 |
Bring a lot of other things into play for example your your income level and your assets and things like that 00:52:30.760 |
but you want to try to set yourself up for that because 00:52:34.880 |
Ideally, I'm sure you'd like to let grandma off the hook right if you can I'm sure grandma would like that too 00:52:41.880 |
So that's really the next thing that that I would recommend 00:52:48.640 |
Unfortunately, there's very little that can be done with respect to a private student loan so the best advice is 00:52:56.600 |
Take as much money as you possibly can and pay that thing down as quickly as you can 00:53:02.980 |
And and I know that that's that's advice. That's non advice 00:53:08.240 |
But that's really the best that that anybody's gonna be able to tell you to do that having been said once you once you secure 00:53:17.840 |
Once you've gotten on your on your feet financially 00:53:20.680 |
Assuming that you're making your private student loan payments in a timely manner 00:53:25.080 |
There are places where you can refinance your private student loans now that didn't exist even two or three years ago 00:53:37.320 |
But there are tons of companies out there that are now helping people refinance their private student loans 00:53:43.480 |
So if you're if you're making those payments on a timely basis 00:53:48.320 |
That's gonna make you that much more attractive as a borrower for refinance on the student loan debt 00:54:03.520 |
I'm blanking prosper prosper and lending Club. Oh, yeah. Yeah, it's like that even 00:54:08.440 |
even if you could get an unsecured loan through that system and maybe it would be better in some regards if the terms could be 00:54:14.480 |
Negotiated to be better than the private student loan at least that way you transition that debt away from a non bankruptable debt to a bankrupt 00:54:21.480 |
Double debt which you know my in my mind is a win 00:54:24.480 |
Absolutely, there's not a big as long as there's not a big cost a big big additional interest cost to do so 00:54:36.920 |
paid off their private student loans with their credit cards using a zero balance interest rate it just and 00:54:43.600 |
Whether that's a smart move or a non smart move 00:54:46.360 |
To your point it takes it out of the non discharge ability provision at the bankruptcy code for student loans 00:54:56.760 |
Your area of expertise with regard to somebody is in bankruptcy or is is in distress what could be done? 00:55:04.320 |
But I want to lead into it with this question 00:55:06.760 |
And I'd like you to answer this question and then give any other generalized advice around it 00:55:11.480 |
This is a question from a list and I actually answered it on a show a few weeks ago 00:55:14.880 |
I didn't focus specifically on the management of the student loan issue 00:55:19.340 |
I focused on answering the investment question 00:55:21.840 |
But even after the facts on my audience wrote in so Joshua you missed it you missed you here were a couple of ideas that 00:55:26.400 |
You didn't cover so here's the here's the the short question from a listener listener said I read 00:55:32.480 |
It says right now. I need help with the crazy student loan issue 00:55:34.960 |
I'm currently paying almost $600 a month for a 00:55:38.200 |
$102,000 student loan at 7% a couple of key things 00:55:43.160 |
My credit is shot due to a bankruptcy filed last year the loan is with the Nelnet through the Department of Education 00:55:50.360 |
The question is should I pay down the loan or find an investment that will pay me $600 to offset the payment? 00:55:56.760 |
Right now the $600 is preventing me from moving forward on anything financial 00:56:01.240 |
I'm expecting a lump sum of money in February like 00:56:04.440 |
$60,000 and I'd love to invest it where I can earn six hundred dollars or more a month to offset the payment any ideas 00:56:10.640 |
How would you answer that within the context of managing the student loan intelligently? Oh 00:56:14.560 |
And I remember the question and I remember the follow-up that was 00:56:19.440 |
Are you listening to the show? Yeah, that was okay was 191. I think right right right when you did the follow-up 00:56:27.680 |
the point that your listener brought up about the 00:56:30.640 |
The tax benefit of the $600 and the tax deductibility of the of the student loan. I thought was a useful one 00:56:37.660 |
with respect to first first of all, we know that this is a 00:56:48.640 |
Income based repayment is an option at least in theory 00:56:52.480 |
So that's the first thing that I would look at to bring down that payment. That's the first thing that I would look at 00:57:02.280 |
Now the question is should I pay down the student loan using the windfall or should I invest it? That was the question 00:57:09.240 |
I answered that I don't know in this scenario 00:57:11.520 |
My advice was pay down the loan because the risk the the type of investment that would return 00:57:17.000 |
Six just the question of okay. I got $60,000. You would need a 12% 00:57:22.280 |
consistent monthly dividend essentially to be able to pay off the loan under those payments and if you calculate the 00:57:29.440 |
Amount of time it would take to pay off the loan 00:57:31.560 |
At $600 a month at $102,000 student loan at 7% you're looking at like 60 years of repayment 00:57:37.280 |
So my observation was don't pay in this situation 00:57:41.300 |
I would focus a hundred percent on paying down the student loan if you have a high income and I just put the 00:57:46.820 |
$60,000 against it or if you have a bad income a low income 00:57:52.740 |
$60,000 potentially just keep the loan at minimum payments and focus on building up a high income 00:57:58.020 |
Maybe starting a business buying a subway franchise, etc 00:58:02.480 |
Generate enough capital where you can throw off a hundred thousand dollars of profit in a few years and wipe the thing out 00:58:08.160 |
But as far as actually managing the loan, do you do you have any intelligent ideas that could help him? I 00:58:19.120 |
The reason why I wouldn't pay down the loan it will there are a couple of reasons first of all 00:58:22.940 |
I would look into income based repayment and pays you earn first because that's going to bring that loan payment in line with your income 00:58:31.860 |
Second of all, you've got the tax deductibility of at least a portion of the money that you're paying 00:58:37.480 |
On your student loan annually, so there's there's that but third of all and this is this is the main reason 00:58:53.100 |
That's that's the key part of that entire question 00:58:57.580 |
If you just came out of bankruptcy and your credit is shot if you run into a financial 00:59:06.620 |
at this stage of the game, you've got no means of financing that and 00:59:10.620 |
So that windfall at least a portion of that windfall 00:59:15.100 |
I would think that you'd want to have that available to you because if you need the money 00:59:20.340 |
You're not gonna have any other way of borrowing it, right? 00:59:25.300 |
So you want to have at least some of that windfall available in addition to your point that well if there's a financial 00:59:32.340 |
Event then you want to know that you think that you've minimized the risk with respect to the student loan 00:59:40.220 |
Remember if there's a financial event you can ratchet your payment down on those student loans 00:59:48.820 |
change the conversation with respect to federal loans from how much do you owe and 00:59:59.420 |
Because suddenly you don't care about how much you owe quite as much as you used to 01:00:08.100 |
Because you've got that you've those payments are far more 01:00:16.100 |
The 7% interest rate is that a higher rate because of the bankruptcy event 01:00:28.060 |
Very year by year based upon when you took the loan out 01:00:32.780 |
But once you take the loan out it is set in stone for the remaining 01:00:37.300 |
Life of that loan the only time that your federal student loan interest rate changes is if you have multiple 01:00:47.380 |
And you consolidate through the US Department of Education direct loan program in that case the interest rate 01:00:54.940 |
Becomes a weighted average of the interest rates of the loans that are consolidated 01:01:01.460 |
Do you have advice regarding consolidating loans versus not consolidating loans 01:01:06.420 |
You get one bite at the apple for consolidation of your federal student loans 01:01:11.820 |
You only get one bite at the apple. It is a saving grace if you are ever in 01:01:21.220 |
it is a quick and dirty way of getting yourself out of default and 01:01:25.780 |
Out of any enforcement mechanisms that the US Department of Education has against 01:01:31.380 |
Defaulted student loan borrowers that's administrative wage offset tax refund offset 01:01:37.140 |
Regular litigation legal action, so I don't like 01:01:46.380 |
Because I like keeping it in my back pocket. I never knew that that's a useful tip 01:01:55.700 |
So if you are I you know I've got three loans 01:01:59.820 |
I've been paying them, but I had a hiccup. I got laid off again my wife got pregnant now. She's back 01:02:04.340 |
Okay, we can pick it up. We've been in default 01:02:06.340 |
So you're saying that I've been in behind four months if I go ahead and consolidate 01:02:14.500 |
Because it wipes the default or what how does it help me? 01:02:20.980 |
Federal student loans go into default when they are 270 days past you okay? 01:02:25.660 |
That's default anything prior to that is delinquency, so let's let's say that you're 01:02:32.900 |
370 days past you because I want you in default for the purposes of this conversation 01:02:37.740 |
There are two ways of getting your federal student loans out of default one is rehabilitation 01:02:43.620 |
The other is consolidation you get one bite at the apple for each one 01:02:54.100 |
defaulted federal student loans, and you're out of default in 01:02:57.660 |
30 to 90 days somewhere in that range okay, or 01:03:02.460 |
You can rehabilitate which is also one bite at the apple it involves making nine 01:03:09.620 |
Monthly payments within a 10 month period of time 01:03:15.420 |
To the debt collector that is handling the federal student loan at the end of the nine months 01:03:21.900 |
At the end of the nine payments rather because it could conceivably be ten months at the end of the nine payments 01:03:29.340 |
Your loan comes out of default and goes back into active status 01:03:35.340 |
The fact that you were in default on your federal student loan gets taken off of your credit report 01:03:44.940 |
Nice like that yeah, you only get one bite at the apple for that also in 01:03:51.900 |
Terms of because the next question becomes well how much would those monthly payments be the monthly payments are the? 01:04:03.940 |
reasonable and affordable under current regulations are 01:04:08.420 |
Deemed to be the amount that the payment would be if you were in IBR or pay as you earn 01:04:26.660 |
That is the best time to rehabilitate your student loan because under reasonable and affordable 01:04:36.620 |
Rehabilitation payment it's got to be at least five bucks a month 01:04:42.460 |
You can rehabilitate your student loans at five bucks a month make nine monthly payments of five bucks 01:04:53.060 |
Brings you out of default into active repayment you elect IBR or pay as you earn 01:04:59.380 |
You're unemployed, and you're making payments at zero dollars a month 01:05:07.220 |
Yeah, I like I gotta go listen to your entire podcast 01:05:12.180 |
I like this at you and I you and I have brains that probably work similarly like I like these little angles that you've been 01:05:18.100 |
Able to come up with you know my my knowledge of student loans is is extremely limited 01:05:23.420 |
And so I'm glad to have some of these ideas that you've been sharing with us super useful. I'm happy to help 01:05:29.500 |
I'm happy to happy to share the information with your listeners Joshua 01:05:33.060 |
Are there any other broad based pieces of advice that you would have for somebody in? 01:05:38.300 |
Various stages of problems in addition to what you've covered so far 01:05:42.460 |
I have one piece of advice for student loan borrowers and 01:05:47.900 |
That is to stay away from the companies that you see online 01:06:00.580 |
validation companies or student loan counselors 01:06:03.860 |
There have been more than a few of them that the government has taken down in recent months 01:06:11.460 |
Because they are scamming people out of money when it comes to federal student loans 01:06:19.660 |
You can do your own pay as you earn they're both two-page forms 01:06:24.340 |
you can get them directly from the US Department of Education you can call your servicer and 01:06:30.460 |
Most of the time they'll do that. They'll do it for you over the phone 01:06:33.940 |
You can rehabilitate yours your defaulted federal student loan on your own and it doesn't cost you any money 01:06:40.980 |
You can do a federal student loan consolidation on your own doesn't cost you any money 01:06:50.880 |
There are some people who will come to me for example and say look I know I don't need anybody to do it 01:06:58.580 |
I know I don't have to spend any money on it at all, but I don't want the hassle 01:07:03.380 |
I don't have the time. I'm afraid of making a mistake. Can I hire you to do it? Yeah, I'm happy to do it 01:07:12.980 |
It's it's a fraction because I recognize that my value is in my knowledge 01:07:23.140 |
Typing out a two-page form and in fact, I do everything humanly possible to dissuade people from hiring me for that 01:07:29.140 |
Because I gotta tell you I think it's a waste of money 01:07:38.640 |
When it's a private student loan and you're in default 01:07:42.980 |
That's when there's real value in hiring somebody to do something for you 01:07:49.660 |
That person should always be a lawyer because if you're going into litigation 01:07:53.780 |
Only a lawyer can represent you and it ideally should be somebody who's local to you 01:07:59.400 |
Because if if you're being hauled into your local court and your lawyer isn't local 01:08:06.380 |
You've got to start asking questions about how that lawyer is going to effectively manage 01:08:16.700 |
You made an easy transition for me I was just gonna ask you how do 01:08:24.660 |
If you're working specifically with with student loan 01:08:27.620 |
Litigation, how do you guys set your fees and how can someone expect that to actually work as far as the financial? 01:08:36.340 |
Benefit, you know that your client for example. Oh 01:08:42.860 |
I do not set my fees based upon the amount of money that they owe. Okay, I 01:08:47.140 |
That's and that's universal for the most part for federal student loan stuff 01:09:01.860 |
It's I do it more as a public service than anything else 01:09:07.100 |
For litigation defense that also tends to be a flat fee. Obviously, it's more expensive than 01:09:17.020 |
Personally set it as a flat fee because I know that my clients 01:09:22.580 |
Need to have some certainty in how much they're getting into 01:09:33.380 |
Arch a client on an hourly basis as far as I'm concerned and that's based upon what my normal hourly basis is 01:09:40.580 |
Know that other lawyers do it on an hourly basis 01:09:43.420 |
There are some lawyers that do it flat fee different different strokes for different folks. I think that the most important thing for 01:09:53.220 |
Who the person is what kind of experience they have what kind of training they have? 01:10:00.740 |
What organizations they're active members of not just I'm a member of ABC Bar Association, but what are they active in? 01:10:08.500 |
You know, what sort of continuing education are they undertaking? 01:10:14.740 |
Spend some time. That's that's what the internet is for spend some time 01:10:20.460 |
Getting to know your potential service providers before you even pick up the phone and talk to somebody 01:10:29.540 |
Two final questions one continuing the theme of the debt help 01:10:34.880 |
Companies, this is an area of financial advice that I've really 01:10:38.820 |
struggled to know what the right answer is and I've just kind of been forced to go based and kind of parrot the answer 01:10:43.960 |
That I've heard from some other people, but if somebody's in a situation that's broader than student loans 01:10:49.660 |
They may be that may or may not include student loan defaults, but it's broader than student loans and they're struggling 01:10:56.340 |
And they're trying to decide. Okay. I need some help. I need some consumer credit counseling 01:11:03.660 |
Perspective you can give on the layout of the of the landscape, you know 01:11:08.620 |
For example National Consumer Credit Counseling affiliate 01:11:11.580 |
I was at is that the name their affiliate of the national organization or the private kind of where are the gotchas in that? 01:11:20.060 |
Goodness there. There are so few of these companies that I like 01:11:31.000 |
Far as credit counseling is concerned credit counselors will typically deal with only limited types of debts 01:11:41.680 |
the one company that I tend to send people to does work with 01:11:53.540 |
They're not going to be able to deal with say 01:11:55.740 |
Repossessions or foreclosure avoidance, you know 01:12:01.860 |
That's that's as close as I can really tell you 01:12:05.940 |
You want a company that's been around for a while. You want a company that ideally is a member of 01:12:12.220 |
NFCC which is the National Foundation for credit counseling 01:12:26.460 |
Television after 10 o'clock at night or during what would normally be business hours. Don't call them 01:12:35.900 |
That's my rule of thumb and and it it tends to serve my clients pretty well 01:12:41.580 |
There are a lot of fly-by-night companies a lot of a lot of the 01:12:49.900 |
And I'm using my air quotes here the credit counseling companies became 01:12:54.700 |
loan modification companies during the during the the mortgage meltdown or 01:13:01.180 |
short-sale companies and now they've become student loan companies and you know, they're 01:13:07.300 |
it's the same people over and over and over again and 01:13:14.860 |
money attracts good people and it attracts scum and 01:13:21.060 |
Between them is always a constant challenge for us. No question about it. No question about it. Your best bet is really 01:13:28.940 |
to talk to some the first person that anybody should talk to is somebody who's got a license in 01:13:35.620 |
something whether it's a certified financial planner like you are or a lawyer like I am or a 01:13:42.260 |
CPA or an enrolled agent because they're likely going to know somebody who is 01:13:53.020 |
Last question is actually a business question and it has to do with the impact of your podcast on your legal practice 01:14:02.580 |
I'm not sure how long you've been doing your podcast, but it seems like you've got quite a number of episodes here and 01:14:11.180 |
Impact has been of actually creating your show and how it's helped or hurt your business 01:14:18.780 |
Here's something that you don't know about me. I 01:14:21.020 |
Started podcasting in 2005 really? Yeah, I had a show called the dad podcast 01:14:27.620 |
I was the dad podcast or the debt podcast. Yeah, okay. See you BT got a podcast 01:14:45.860 |
Really for me more than anybody else's means for me to try to understand 01:14:51.580 |
The new bankruptcy law that was being rolled out in 2005 01:14:55.000 |
And so I figured that the best way to learn about it was to talk about it. So and at that time 01:15:03.540 |
Podcasting did enormous things for my practice. It helped me secure speaking engagements it drove 01:15:15.700 |
Direct clients, but it drove a lot of referrals from other professionals 01:15:20.860 |
And that was in the baby days of podcasting. I mean it it was 01:15:28.620 |
Now the student loan show I do the student loan show and I'm launching another show 01:15:35.860 |
with a colleague of mine at consumer ledger, which is 01:15:44.620 |
Running on and off with with another consumer bankruptcy attorney 01:15:48.180 |
But the student loan show really has done a lot for my practice actually again more through referrals 01:15:56.220 |
and more through speaking engagements and more through just generally 01:16:09.900 |
Think that podcasting is phenomenal. I do my favorite thing about your site 01:16:13.940 |
You've got this thing right on your site says have a question 01:16:16.220 |
You put your name your email enter your question and you have a drop-down means has answered on the show 01:16:20.900 |
And then you have the I want a one-on-one analysis 01:16:23.980 |
This is brilliant because it allows potential 01:16:28.180 |
Clients of yours to ask you their question and you can respond number one 01:16:33.460 |
You get a great you go to gate you get you get a great capture form here 01:16:37.540 |
That is low that is low risk because I'm just submitting it for the show 01:16:41.840 |
You get consistent material for your show to be able to answer these questions and obviously you have their email address 01:16:49.260 |
You can write out a paragraph back to them and even if they do or don't click one-on-one analysis 01:16:54.780 |
You're still getting the lead either way you can respond and you can help them and then if they're a right fit for your service 01:17:01.980 |
You might just send them to go fill out this form and is what you need 01:17:04.540 |
Which is simple and easy for you to do or if you say I can help you and here's what you should consider or here's 01:17:10.020 |
This is a brilliant setup here for you as far as very friendly consumer friendly marketing. I think this is awesome 01:17:19.660 |
Every personal service provider, that's what I'm convinced. I've got a couple of attorney friends of mine 01:17:25.340 |
I've been trying to convince them to start a podcast and for many reasons 01:17:30.220 |
But when you get into such a specialized area and more and more, I think we all need to be practicing 01:17:35.460 |
I'm kind of doing the hard road here trying to be the generalist and it shows when I answer questions 01:17:39.540 |
Incompletely because of my lack of knowledge in a specialist area 01:17:43.140 |
But I'm trying to kind of be the broad based strokes here and see if this works this works 01:17:47.940 |
but as far as an actual service provider, this is I 01:17:54.500 |
studentloanshow.com and you know, listen to the show if you have an interest in learning more 01:17:59.460 |
But at least just look at this have a question format because this is some of the most consumer friendly 01:18:04.700 |
Marketing I can imagine doing and I hope it's bringing you clients like gangbusters. It is. Thank you. I 01:18:16.340 |
And if you look at my law firm website, which is consumer help central.com. I did that one entirely on my own 01:18:28.940 |
Putting things together that make sense for my potential clients and you're doing hard work. You're doing this five days a week 01:18:35.980 |
You're doing every day. That's but that's bananas, you know, that is but you know what? So here's a specific example 01:18:47.020 |
For years. I always loved listening to financial radio and the biggest influence was Dave Ramsey 01:18:52.260 |
And he really encouraged me and I owe him a real debt of gratitude one of these days. I'm gonna meet him 01:18:57.900 |
I really want to interview him. I just haven't haven't asked for it yet 01:19:01.380 |
But one of these days I want to meet him and express that to him personally 01:19:03.940 |
But as I've gone on even the thing that you said about consolidating student loans 01:19:08.420 |
That is different than Dave's advice was and I made a mistake now 01:19:12.700 |
I were perceived looking back at my own student loans because what Dave had told me was 01:19:18.060 |
Consolidate your student loans. And so I dutifully at that phase of my life 01:19:22.700 |
I dutifully went out and I had taken out I had three student loans through Sally Mae for college and 01:19:27.540 |
I went ahead and consolidated them and then I was working because Dave said to consolidate them and I didn't you know 01:19:32.500 |
I hadn't even graduated yet, but I just kind of did it right away even while I was still in school and 01:19:38.660 |
I worked like like a crazy man my senior year in college and actually wrote a check to Sally Mae two weeks before I 01:19:43.460 |
Graduated and paid them all off before I graduated which was one of my personal financial goals 01:19:47.260 |
But little things when I go back and start to dig into subjects more deeply little things 01:19:54.900 |
Matter and what just the just the tips that you gave there of number one about consolidation and number two about 01:20:02.060 |
The the discussion of go ahead and set this up on an income based repayment plan. Those tips are gonna save 01:20:11.060 |
Tremendous amount of money and when we have the time in this kind of format to get into these things 01:20:16.860 |
In detail and some of them then the primary impact not most mainstream consumers are not going to listen to my show 01:20:25.780 |
But the hardcore people will and then that allows me to multiply the information because then you know listener Ed and listener Jane 01:20:34.180 |
They'll take that and their their niece or their nephew is getting ready to say 01:20:38.900 |
Hey, listen, let me teach you a little financial tip here that you need to apply to your situation and we can accomplish just an incredible 01:20:44.820 |
Change so I'm just kind of creating the I'm kind of creating the job 01:20:48.860 |
I want to have but I also it's it's kind of that mixture of mission and 01:20:55.540 |
Know it's in it for their stuff in it for me, too 01:20:57.680 |
I'm building a business that I want to have them building a lifestyle business 01:21:01.020 |
but there's also a little bit of impact and when we get to the point of 01:21:04.560 |
You know that even back to the student loan scam the crap that's been pulled in the past with all that marketing 01:21:11.440 |
I'm I don't want that to happen again, and it'll you know Bush administration did that one, you know Clinton, whatever 01:21:19.280 |
Obama administration, but there be another administration there be another thing and we're little by little with independent media 01:21:30.440 |
it's got people running scared because it's harder and harder for the banksters to control the narrative of 01:21:35.620 |
You know when you've got five companies that own all the media media 01:21:39.740 |
Brands then that's pretty easy for those companies to manipulate the narrative in a way that benefits them 01:21:45.580 |
But we've got an ability to change that and that change is gonna lead to good things all all across the board 01:21:50.640 |
So that's a long-winded way of saying I think what you're doing and what I'm doing is important and it's worth doing 01:21:56.420 |
I I think you're absolutely right and I think that I think that independent media is so important, especially now and 01:22:03.740 |
You're you're starting to see the bigger media conglomerates starting to look at this platform 01:22:11.420 |
And starting to ask the question of okay, what can we do to get involved in it? 01:22:16.500 |
I mean look and and I like NPR so I I've got no gripes with them 01:22:21.380 |
They're entertaining. They're informative NPR had an upfront this year. I 01:22:26.420 |
That blew my mind the fact that a mainstream media company is running an advertiser 01:22:40.660 |
That's a complete sea change that shows that there is there's 01:22:47.060 |
Money, and when there's money there's media which is why being out in front of it 01:22:52.280 |
Like you are and like I am and like so many other small time podcasters are I think that's so incredibly 01:23:02.180 |
We're running out of time to build traction. All right, so build it now, right? 01:23:09.340 |
Podcast movement I am planning to but I haven't bought a ticket my wife and I are expecting a baby at the end of this month 01:23:15.900 |
And I'm doing my schedule. Thank you. I'm keeping my schedule flexible 01:23:22.620 |
Everything could everything could be smooth and easy and it's no problem for me to jump on an airplane or jump in the car and 01:23:27.820 |
Head up to Texas or there could be a need for me to be in Florida during that time 01:23:32.180 |
So I'm keeping my travel schedule open. Yeah, I'm actually gonna miss podcast movement because I'm doing I run the student 01:23:39.940 |
Loan law workshop with Joshua Cohen who I mentioned at the top so that weekend 01:23:45.220 |
We're actually in Vegas doing a training so I can't do podcast movement. I will be at FinCon though 01:23:51.340 |
I'll be there as well. I'm actually speaking at FinCon. Are you really? 01:23:55.980 |
Me so we'll get a chance to meet up there. That'd be awesome. Sounds good to me Joshua. Thanks for 01:24:00.900 |
Sitting and talking to me and letting me do this. Yeah, it was a lot of fun real quick as we go 01:24:05.820 |
Just tell us about what your show is about what the subjects cover and tell us about your services where people can find you 01:24:11.100 |
Do your advertisement here so that people who would like to talk to you can find you easily 01:24:14.940 |
Okay, I am a student loan lawyer and consumer bankruptcy attorney operating in the state of California as well as in the state of New 01:24:23.220 |
York, my law firm is Shava and Fleischman. You don't need to spell it. You can just go to consumer help central.com 01:24:29.900 |
That's my law firm website. My podcast is the student loan show. It's at student loan show.com 01:24:36.700 |
I talk about all the same stuff that we talked about today 01:24:39.500 |
I really tried my best to break down all of your student loan questions in a way that's 01:24:45.620 |
Understandable and that's actionable so that this way you can be in a better financial position with respect to your student loans 01:24:52.780 |
Jay, this has been awesome. Thanks for coming on. Thank you, Joshua 01:24:59.380 |
Told you you'd like it. I know that I'm gonna be going over and 01:25:02.500 |
Checking out Jay's show and listening to all of his back catalog of content 01:25:07.320 |
That's my plan to make sure that I brush up even my knowledge. I have a responsibility 01:25:11.100 |
Given the position that I have with radical personal finance to be an expert in 01:25:15.740 |
Well to be at least not more knowledgeable in this area than I am 01:25:18.740 |
So I'm gonna use Jay's show to to kind of move me forward in that area 01:25:23.140 |
So go over and check it out student loan show calm 01:25:25.380 |
Also, check out all of his other sites and work links are in the show notes for today's episode 01:25:29.380 |
Share the information in today's show with somebody. I hope that will be 01:25:33.800 |
You know help somebody else. I've realized that I've made mistakes and I've probably given bad 01:25:39.420 |
Advice to other people so let's help avoid that and let's help people make smarter decisions with their student loans 01:25:46.780 |
Thank you all so much for listening for today to closing announcements here. Number one new 01:25:51.980 |
Affiliate relationship I've recently established you heard there at the very end of the interview 01:25:57.760 |
You heard Jay mention a company called so fi so fi is short for social finance. It's a company that's working to 01:26:05.460 |
Change how student loan refinancing works now 01:26:09.680 |
You heard Jay talk about some details of when you would want to refinance when you wouldn't want to refinance. I 01:26:15.580 |
Recently was researching so fi as a potential affiliate relationship on the show and I did establish an affiliate link with so fi 01:26:23.300 |
I plan a full comprehensive show on the topic going through some of the different people for consolidation 01:26:29.660 |
I don't have that outline prepared yet where I'm ready to bring it to you 01:26:32.300 |
So feel free to wait but or if you would like to potentially consider refinancing some of your loans 01:26:37.920 |
If you do some research on so fi won't go into it in any depth right now 01:26:42.300 |
But if you do some research on so fi and if they seem to be a good fit for you go to first radical personal finance 01:26:52.420 |
And you'll find a link there radical personal finance comm slash student loans 01:26:56.500 |
If you use my affiliate link, I get a hundred bucks and you get a hundred bucks that helps me out 01:27:00.740 |
Makes a little bit of a commission, which is really useful 01:27:04.860 |
Second so check that out more details coming in a future show 01:27:09.060 |
Also, thank you so much for each one and every one of you who supports the show directly as a patron if you don't 01:27:14.580 |
Why not radical personal finance comm slash patron radical personal finance comm slash 01:27:21.580 |
Patron, thank you for listening to today's show. Please subscribe to the podcast with our free mobile app 01:27:30.380 |
Just search the App Store on your device for radical personal finance and you'll find our free app 01:27:35.820 |
If you have received value from the content of this show 01:27:38.900 |
Please consider becoming a patron your financial support is how I pay the bills for the show and how I plan to grow our content 01:27:45.500 |
You can support the show with as little as a dollar a month or as much as you feel the content is worth 01:27:50.180 |
Details are at radical personal finance comm slash patron 01:27:57.020 |
My email address is Joshua at radical personal finance comm or connect with the show on twitter at radical PF and at facebook.com 01:28:05.060 |
Slash radical personal finance. This show is intended to provide entertainment 01:28:11.700 |
Financial enlightenment, but your situation is unique and I cannot deliver any actionable advice without knowing anything about you 01:28:19.660 |
Please develop a team of professional advisors who you find to be caring 01:28:27.220 |
Consult them because they are the ones who can understand your specific needs your specific goals and provide 01:28:34.960 |
Specific answers to your questions. I've done my absolute best to be clear and accurate in today's show 01:28:40.840 |
But I'm one person and I make mistakes if you spot a mistake in something 01:28:45.360 |
I've said, please come by the show page and comment so we can all learn together