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But Brazos once again suspended its education lending program late last month citing continued turmoil in the student loan industry. Brazos Executive Vice President Ellis Tredway said his organization simply "ran out of time to get everything in place" to issue new student loans for the fall. The Massachusetts Educational Financing Authority which issued more than $500 million in college loans to 40000 Massachusetts college students and their families last year had already suspended its federal student loan program in April. Now MEFA has also pulled the plug on its non-federal private loan program which provided Massachusetts students with fixed-rate private student loans. "While we continue to pursue every possible option raising the necessary funds to offer fixed-interest rate private education loans is taking longer than originally projected and has become even more challenging" said Tom Graf MEFAs executive director. Students Face the Uncertainty of Switching Lenders With over 8 million students and parents having turned to federal college loans in 2006-07 according to the College Board the number or families that stand to be affected by the ongoing wave of lender departures this year is not unsubstantial.
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.
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For borrowers who are on the governments income-based repayment plan any outstanding federal college loans can be discharged prior to full repayment if the borrower has made her or his monthly loan payments for 25 years. Borrowers who go to work for the government or the public sector can have their federal college loans forgiven after 10 years. Federal college loans can also be forgiven in the event the borrower dies or becomes permanently disabled. Non-federal private student loans on the other hand arent required to offer any of these payment-deferment or discharge provisions. It is at the lenders discretion whether to offer a struggling borrower deferred or lower monthly loan payments and even whether to discharge the private student loan upon the borrowers death or permanent disability.
13. If the rational for excepting student loans from discharge is that the cost to students to obtain loans would soar this fact would seem to lay waste to that argument. In the wake of the slow march towards saddling our students with unshakable debt the government created a couple of ways to deal with government backed student loans outside of bankruptcy. In 2007 the College Cost Reduction and Access Act of 2007 added income based repayment which allows for a smaller repayment than income contingent repayment 15% of discretionary income and debt forgiveness after 25 years. 14. In 2010 the Health Care and Education Reconciliation Act of 2010 created a new version of income-based repayment cutting the monthly payment to 10% of discretionary income with debt forgiveness after 20 years. 15.