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Student must repay $350,000, court says
Minneapolis StarTribune (aka The Red Star) ^ | 7/15/09 | Jenna Ross - Staff Reporter

Posted on 07/15/2009 12:19:28 PM PDT by MplsSteve

If the bad economy has you thinking of taking on debt to go to grad school, consider the case of Mark Jesperson. The federal case.

The Eighth U.S. Circuit Court of Appeals has ruled that the 45-year-old Grand Marais man cannot escape more than $350,000 of student debt he piled up over more than a decade.

Jesperson had hoped to discharge the debt in bankruptcy and won the first couple rounds in court. But last week a three-judge panel reversed the lower courts' decision and said he must pay the money back.

While the dollar amount involved is unusual, experts say the latest ruling is not. It's extremely difficult to get rid of student loan debt, even through bankruptcy.

"The system's set up as such that most people -- people like myself -- cannot complete a professional degree without the help of student loans," Jesperson said. "Then, even if that profession doesn't work, even if things go wrong, there's no way out."

Jesperson has a law degree, but he's not putting it to much use these days -- except for representing himself early in his case. He works as a painter, and lives in a camper.

Struggles with alcohol brought him in and out of college; it took 11 years to complete his undergraduate degree.

He began law school at Hamline University School of Law in 1995, transferred to Lewis and Clark Law School in Portland, Ore., in 1997 and got his degree in 2000, according to court documents.

(Excerpt) Read more at startribune.com ...


TOPICS: Local News; Miscellaneous
KEYWORDS: bankruptcy; minnesota; studentloan
For those of you geographically inclined, Grand Marais is on the North Shore of Minnesota - right on Lake Superior. It's a great place to live - if you can handle the mind-numbing (physically and mentally) long winters.

So, is this guy a never-do-well type who's just trying to avoid paying for his mistakes or does he have a legitimate out by claiming bankruptcy?

Comments or opinions - anyone?

1 posted on 07/15/2009 12:19:28 PM PDT by MplsSteve
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2 posted on 07/15/2009 12:20:30 PM PDT by MplsSteve
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To: MplsSteve

Sounds like he went to rich, private schools to get his JD and wants us the court to feel sorry for him because there are already too many stinking lawyers in this country.


3 posted on 07/15/2009 12:22:58 PM PDT by Tamar1973 (http://koreanforniancooking.blogspot.com/)
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To: MplsSteve
Jesperson has a law degree

He's a lawyer. Make him pay double!

4 posted on 07/15/2009 12:23:07 PM PDT by Islander7 (If you want to anger conservatives, lie to them. If you want to anger liberals, tell them the truth.)
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To: MplsSteve

You said — Comments or opinions - anyone?

Ummmm..., about the only thing I can say is that I used to live a couple of miles from Lewis and Clark Law School, when I was in Lake Oswego... :-)


5 posted on 07/15/2009 12:23:09 PM PDT by Star Traveler (The God of Abraham, Isaac and Jacob is a Zionist and Jerusalem is the apple of His eye.)
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To: MplsSteve

A student loan is an investment in your future. It’s akin to any business that takes a financial risk to achieve a later return on that investment. This clown took a risk and screwed it up via alcohol. The fact that it took 11 years to complete his undergraduate degree says a lot!


6 posted on 07/15/2009 12:23:56 PM PDT by TSgt (Extreme vitriol and rancorous replies served daily. - Mike W USAF)
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To: MplsSteve

I had always thought that if you could get a law degree (and pass the bar for your state(s), I suppose) you could _always_ find _something_ to do with it, even if it wasn’t high-dollar and fancy. Help others put together legal doucments, for example.


7 posted on 07/15/2009 12:25:08 PM PDT by BradyLS (DO NOT FEED THE BEARS!)
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To: MplsSteve

In all those years of “higher education” the guy never reached a point where he understood the term “LOAN?”


8 posted on 07/15/2009 12:25:17 PM PDT by subterfuge (BUILD MORE NUCLEAR POWER PLANTS NOW!!!)
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To: MplsSteve

He’s saved that $350k already in court costs. Now he can pay it back.


9 posted on 07/15/2009 12:25:22 PM PDT by domenad (In all things, in all ways, at all times, let honor guide me.)
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To: MplsSteve

One more thing...

Since he is a lawyer he should be given the option of paying back the $350K loan with interest or doing society a favor via a public hanging.


10 posted on 07/15/2009 12:26:09 PM PDT by TSgt (Extreme vitriol and rancorous replies served daily. - Mike W USAF)
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To: MikeWUSAF

It took me six years to get through undergrad. But I had the VEAP behind me and I worked through school and summers on paid internships and other jobs. When I graduated, I had little money and TWO undergraduate degrees—but NO DEBT!


11 posted on 07/15/2009 12:28:30 PM PDT by BradyLS (DO NOT FEED THE BEARS!)
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To: MplsSteve

There’s a reason student loans are not dischargeable: they’re presumably used to acquire knowledge and skills and the lender can’t take back. Discharge would let him escape the loans while keeping the skills.

Maybe he should have considered whether he was learning anything useful before taking out $350,000 in loans. The lenders should probably have also considered this, since they’re not about to get this loan repaid even if he’s not allowed to discharge it.


12 posted on 07/15/2009 12:30:43 PM PDT by Arguendo
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To: BradyLS

...Or teach idiots how to spell ‘documents!’


13 posted on 07/15/2009 12:30:47 PM PDT by BradyLS (DO NOT FEED THE BEARS!)
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To: MplsSteve

My comment and opinion: he needs to go to work and pay his debt.

Shame on him for wasting that much of our money just to become a drunk and deadbeat.


14 posted on 07/15/2009 12:30:54 PM PDT by Jedidah ("Those who cannot remember the past are condemned to repeat it." George Santayana)
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To: MplsSteve
"The system's set up as such that most people -- people like myself -- cannot complete a professional degree without the help of student loans,"

Somehow, people ARE able to do so without running up $350,000 in money they can't pay back, you pathetic carbon blob.

Now buck up, there's a lot of houses that are gonna need to be painted in order to pay back the money you owe.

Bonehead.

15 posted on 07/15/2009 12:31:32 PM PDT by South Hawthorne (In Memory of my Dear Friend Henry Lee II)
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To: MplsSteve
The fact that student loans are d@mned near impossible to get rid of is what makes them easy to get and attractive to investors.

An alcohol or drug problem naturally throws a monkey wrench into repayment plans and this guy should--no MUST--get into recovery and face his responsibilities.

On the other hand, if a person has a permanent disability (physical or mental--and alcoholism and drug abuse don't qualify), there is IIRC a mechanism for discharging student loans.

Unfortunate (or fortunately) for this dude, being a "neer-do-well" isn't a career option.

16 posted on 07/15/2009 12:32:23 PM PDT by SonOfDarkSkies (Obama: "Enough about me, let's talk about you...what do you think of me?")
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To: MplsSteve
is this guy a never-do-well type who's just trying to avoid paying for his mistakes

Yes. He racked up 350K in student loans over 11 years by living off the loans while partying.

17 posted on 07/15/2009 12:33:42 PM PDT by Valpal1 (Always be prepared to make that difference.)
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To: MplsSteve
"If You Think Education is Expensive Try Ignorance"

This guy doubled down!

18 posted on 07/15/2009 12:34:04 PM PDT by the_devils_advocate_666
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To: MplsSteve

He never worked a day in his life until now. 11 years and $350,000 in school loans says he was taking the maximum amount to cover his living expenses. My kid just finished, went through 4 years,( all out of state btw)and has managed to accumulate all of $12000 in student loans. NO sympathy from me. AND this guy became a LAWYER, should have just taken a life insurance policy out on him and shot him to pay off the loans


19 posted on 07/15/2009 12:34:26 PM PDT by the long march
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To: MplsSteve

tell him to sit tight because Obama has hidden provisions in his takeover of the student loan program that will forgive most of it at some future date


20 posted on 07/15/2009 12:34:27 PM PDT by Buckeye McFrog
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To: BradyLS

Thanks for your service!

It took me 4 years to get my engineering degree. i worked full time nights, and had a family. No debt, since I worked at the school. I did construction summers and weekends to pay the bills around the house. I hate debt, and aside from my mortgage, have none.

This dirtbag Needs to get to work and pay his debt.


21 posted on 07/15/2009 12:37:35 PM PDT by Travis T. OJustice (I can spell just fine, thanks, it's my typing that sucks.)
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To: MplsSteve

it took 11 years to complete his undergraduate degree.


I’d say this cockroach has been working the system for more than 11 years and now wants to pull a fast one on us all. His income over the past 11 years was more than enough to accommodate a full time serious student. I don’t have any tears to shed for this guy. How much went for alcohol? How much for loafing? How much for pot and similar drugs? My only suggestion to employers is to not hire this leech.


22 posted on 07/15/2009 12:41:40 PM PDT by Joan Kerrey
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To: MplsSteve
With scholarships and financial aid my ex-DIL was going to school for free, she realized that she could get student loans and got them, even though she didn't necessarily need them. She spent prolifically, ended up with 75K in debt with the loans and her credit cards.

She finally had to go bankrupt but of course, the loans weren't written off. Getting that degree made her so smart that she has waitressed all but one year of the six since she got the degree. She got fired from that job and now the rocket scientist is going to get more loans and go back to school!!! I'd say she's just shy of brilliant.

I don't think they should be discharged, any degree you get is a choice.

My other DIL will be 10 years getting her degree because she went only part time so she could be a full time mother. She paid for everything until she went full-time last year and did get some scholarships and student aid. The university allows her to make payments through the semester for the balance and if she doesn't pay then she doesn't get credit for the classes she took. She will graduate debt-free.

23 posted on 07/15/2009 12:43:34 PM PDT by tiki (True Christians will not deliberately slander or misrepresent others or their beliefs)
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To: MplsSteve

I went to college before college loans were so prevalent. Even I know that student loans cannot be discharged in bankruptcy.


24 posted on 07/15/2009 12:44:50 PM PDT by RebelTXRose
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To: MplsSteve

He could have saved a lot of money by just going to painter school instead.


25 posted on 07/15/2009 12:49:17 PM PDT by bigbob
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To: MplsSteve

Student loans tend to be federally backed, as such they are next to impossible to whipe out as part of a BK, however if you don’t pay them for years, then work out a payment plan and pay for 6 months continuous, often the balance winds up being forgiven. Used to tick the hell out of my wife when she worked for PSU in their EOC department.

Not pay your loans then make 6 months of payments the balance is forgiven, play by the rules and pay for 10 or 15 years.... won’t even get into what race the majority of those who got loans forgiven were.


26 posted on 07/15/2009 12:51:16 PM PDT by HamiltonJay
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To: MplsSteve

He’s on the hook; bankruptcy doesn’t get one out of his/her student loans. For decades, a huge percentage of students didn’t repay their loans after they graduated. Congress enacted legislation making that virtually impossible.

Unfortunately, this situation has wrecked Jesperson’s life as it has others. I know couples in their 30’s still paying off college loans higher than most mortgages.

I’m sorry Jesperson had a drinking problem that caused him to take 11 years to get his undergraduate degree .. the story doesn’t say where or how much of the $350K is for his undergraduate degree. But by that time he did earn it, he was close to 30. Instead of going to law school (normally a 3 year program that took him 5), he might have worked a few years, built up a resume, saved a few dollars and then gone to law school. Maybe gone to law school while working. There are ways to do it without accruing $350K in debt and he should have looked into those.

That being said, it is atrocious that the system now is set up that way too many people have to put themselves into hock to get degrees that aren’t worth the paper they’re written on.

Unless a student is given grants adequate to his/her tuition and other costs, the smartest course all around would be to get an associates degree at a local community college, then transfer to a state 4 year college for a bachelors. If you mess up at the community college, you can correct your errors (mature) without much debt.


27 posted on 07/15/2009 12:53:31 PM PDT by EDINVA (A government that robs Peter to pay Paul can always depend on the support of Paul -- G. B. Shaw)
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To: HamiltonJay
Student loans are not as bad as debt to the IRS, but they are not bankruptable.

Good tip on paying for 6 months. But a better tip is to save for your kids colleges. Dave Ramsey says only 3% of Americans do.

We did, and none of our three kids had any college debts and neither do we!

Financial Guru Dave Ramsey Rocks: href="http://daveramsey.com

28 posted on 07/15/2009 12:56:22 PM PDT by sr4402
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To: MplsSteve

That is a huge amount of debt to pile up. The man is an alcoholic. He saw a way to live off students loans for years, then, because he was unsuited for law practice, he thinks he can force others to pick up the tab.

I’m glad the court slapped him down.


29 posted on 07/15/2009 12:59:12 PM PDT by lady lawyer
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To: Arguendo

“Discharge would let him escape the loans while keeping the skills.”

Maybe they could cut out his tongue.


30 posted on 07/15/2009 1:04:51 PM PDT by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
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To: sr4402

My son is in Seminary (after completeing his BA in Music) and my daughter has a Criminal Justice degree with a minor in Chinese language (4.0 for 4 semesters, earning her a scholarship from the Greater Cincinnati Chinese Music Society). Currently she is working on para-legal studies and getting a certificate in Photography so she can be a forensic photographer.

They went to a local college and lived at home. We paid tuition. They worked part-time for gas and clothes, etc. Between them there is not one cent in student loans or debt for Mom and Dad.


31 posted on 07/15/2009 1:13:04 PM PDT by mom4melody
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To: MikeWUSAF
A student loan is an investment in your future. It’s akin to any business that takes a financial risk to achieve a later return on that investment. This clown took a risk and screwed it up via alcohol. The fact that it took 11 years to complete his undergraduate degree says a lot! One of the reason bankruptcy exists is to allow entrepreneurs that honestly fail(i.e. don't commit fraud by taking the money and running) to make a new start. If you major in buggy whip manufacture and somebody builds a car the minute you graduate, there's a reasonable *capitalist* case for bankruptcy discharging the debt(i.e. you made a business investment in yourself that failed).

From a moral perspective you can make arguments about being a deadbeat, but morality and capitalist efficiency are two different issues.


32 posted on 07/15/2009 1:19:27 PM PDT by ketsu (It’s not a campaign. It’s a taxpayer-funded farewell tour.)
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To: Valpal1

Ding ding ding...We have a winner. This guy was probably taking out cost of living as well as tuition.


33 posted on 07/15/2009 1:26:19 PM PDT by Farmerbob (No taxation without wealth generation!)
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To: Arguendo

Why isn’t the loan system set up to be truly “free-market”, with investors investing in students likely to succeed and pay the money back, with grades reported to the “student loan bureau”. Seems to me, this would reward smart or at least hard working students who have chosen a field in which they are likely to succeed. It would also punish the lazy, those trying to get a 100K loan for a journalism degree, or those with unreasonable expectations -for example, although I’m sure I could cut the grades, no matter how hard I would try, I couldn’t be a doctor. I don’t like “icky stuff”, and I’m not a big fan of people, either.

This would fix a LOT of problems all at once.

It would also piss off a lot of people at once. Good.


34 posted on 07/15/2009 1:26:54 PM PDT by The Antiyuppie ("When small men cast long shadows, then it is very late in the day.")
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To: BradyLS

“...I suppose) you could _always_ find _something_ to do with it...”

He can work for ACORN.


35 posted on 07/15/2009 1:27:35 PM PDT by takbodan (.)
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To: MplsSteve

I work full time and go to school full time. I’m currently trying to cram four years of undergraduate into five.

Guy should gave gotten his alcohol problem straightened out before struggling to complete college. Something tells me he kept withdrawing from class and not reimbursed.

Post Script. Might sound foolish, but I’m paying for it all out of pocket. It keeps me from taking anything for granted.


36 posted on 07/15/2009 1:43:49 PM PDT by Disciplinemisanthropy (III III IV)
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To: MplsSteve
Grand Marais is on the North Shore of Minnesota - right on Lake Superior. It's a great place to live - if you can handle the mind-numbing (physically and mentally) long winters.

Grand Marais is on the North Shore of Minnesota - right on Lake Superior. It's a great place to live - if you can handle the mind-numbing (physically and mentally) leftist residents.

37 posted on 07/15/2009 1:52:22 PM PDT by Pusterfuss (Amy Klobuchar, Al Franken, Betty McCollum..., I am not embarrased, I am humiliated.)
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To: MplsSteve

Sounds like painter boy is gonna be living in his camper for a little while longer.


38 posted on 07/15/2009 1:55:28 PM PDT by Doomonyou (Let them eat Lead.)
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To: Disciplinemisanthropy

This slimeball leach of a freaking freeloading lawyer, epitomizes exactly what is wrong with far too many Americans.

Stupid, irresponsible and unproductive.

Hell - the best education I got was paid for by the taxpayers and was learned while trying to stay alive for nearly 13 months in the jungles and mountains of Vietnam — while at the same time killing little brown Communists my government wanted dead.

The ONLY reason we wanted them dead, it seemed to be the best way for us to stay alive.


39 posted on 07/15/2009 1:58:08 PM PDT by river rat (Semper Fi - You may turn the other cheek, but I prefer to look into my enemy's vacant dead eyes.)
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To: river rat

God bless you.

Your education is not over, however, whether you want to pay $350,000 for it or $100 a credit for it. Or even scouring college databases in your spare time for nothing (It’s what Al Gore invented the internet for.)

However, you may be correct in saying the survival skills you picked up in Vietnam are the best of your life lessons. I’ll give it a few years (and so will Al Gore, for completely different reasons) for you to be able to utilize them again.

Until then, cheers! (responsibly, of course.)


40 posted on 07/15/2009 2:56:37 PM PDT by Disciplinemisanthropy (III III IV)
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To: mom4melody
Between them there is not one cent in student loans or debt for Mom and Dad.

Wonder if Dave would allow a "Debt Free" Scream regarding your Sons College. He is debt free from it and so are you. My bet is that Dave would compliment it highly! http://daveramsey.com

Hope it goes the same with your Daughter.

Clark Howard just quoted someone that Heavy debt is a uniquely American thing. Folks here will do 150K debt for a 30K/year carreer. It's Nuts!

41 posted on 07/16/2009 8:37:56 AM PDT by sr4402
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