Federal Student Loan Default
Other college loans are ineligible: Private student loans. The income-based repayment program applies only to federal student loans. If youre having problems meeting the monthly payments on your private student loans you should contact the lenders to see if theyre willing to work out more affordable repayment plans for you. Keep in mind though that private student loans typically have less flexible repayment options than federal student loans. Federal PLUS loans. If your parents took out PLUS parent loans to help you pay for college they wont be able to take advantage of income-based repayment on their PLUS loans. Consolidation loans that included PLUS parent loans are also excluded from income-based repayment. Any Grad PLUS loans you took out as a graduate student however as well as consolidations of Grad PLUS loans are eligible.
Last week financial aid officers at Texas A&M University - a school with over 54000 students - heard from seven different lenders warning that they would no longer be able to offer federal student loans a situation that has made more than a few borrowers uneasy. Dyneche Duffield an incoming college student headed to Houston Baptist University is uncomfortable with the prospect of having to establish a relationship with a new lender other than her local bank which used to offer student loans. "I would have much rather taken out a loan there than somewhere where I didnt know anyone" Duffield said. While students like Duffield may still be able to go directly to the Department of Education for their federal college loans or find those remaining lenders who are still offering private student loans (albeit with more stringent credit criteria that are making it harder for students to qualify) the magnitude of the problem within the student loan credit markets and how deeply it has permeated the college loan industry is alarming to many administrators and officials in higher education.
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The facts however did not support this attack. By 1977 only .3% of student loans had been discharged in bankruptcy. 6. Still the walls continued to close on student debtors. Up until 1984 only private student loans made by a nonprofit institution of higher education were excepted from discharge. 7. Next with the enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984 private loans from all nonprofit lenders were excepted from discharge. In 1990 the period of repayment before a discharge could be received was lengthened to 7 years. 8. In 1991 the Emergency Unemployment Compensation Act of 1991 allowed the federal government to garnish up to 10% of disposable pay of defaulted borrowers. 9. In 1993 the Higher Education Amendments of 1992 added income contingent repayment which required payments of 20% of discretionary income to be paid towards Direct Loans.
The collections agencies get a commission on collected debt and are often owned by the very entity that originated the loans i.e. Sallie Mae. The Building of the Student Debt Prison. Prior to 1976 student loans were dischargeable in bankruptcy without any constraints. Of course if you look back at statistics from that time there wasnt much student debt to speak of. When the US Bankruptcy Code was enacted in 1978 the ability to discharge student loans was narrowed. Back then in order to have your loans discharged you had to be in repayment for 5 years or prove that such a repayment would constitute an undue hardship. The rationale for narrowing the discharge was that it would damage the student loan system as student debtors flocked to bankruptcy to have their debt discharged.