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Friday, January 18th 2019. | Student Loans

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Student loans are basically non-dischargeable almost everyone knows this. There are some very specific circumstances where even today you can have your student loan debt discharged but that is a narrow exception that often requires a fight and money to fight. We will discuss the current state of dischargeability in a future post. The landscape around student loans and bankruptcy has not always been so desolate. Not so long ago these loans were dischargeable. Back when they were dischargeable the cost of an education was much lower and the total student loan debt was a fraction of what it is now. With student loan debt currently being a 1200000000000.00 (One Trillion Two Hundred Billion) dollar problem holding people back from purchasing homes or taking part in the broader economy with a little help they may become dischargeable yet again.

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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This new improved income based repayment plan is only for borrowers who have no loans from before 2008. Further those with loans in default will not qualify for income based repayment unless they first rehabilitate those loans. If you are interested in seeing if your loans qualify for income based repayment or income contingent repayment please visit student aid dot gov. Unfortunately none of these programs do anything to deal with private loans a growing problem currently at around $200000000000.00 (Two Hundred Billion) or around 16% of the total student loan debt. One of the options that students can take advantage of to pay for their tuition fees are student loans without co-signer. Sadly there are so many students out there without the relevant information on the best way to apply for these loans.

In 1981 a minimum wage earner could work full time in the summer and make almost enough to cover their annual college costs leaving a small amount that they could cobble together from grants loans or work during the school year. 4. In 2005 a student earning minimum wage would have to work the entire year and devote all of that money to the cost of their education to afford 1 year of a public college or university. 5. Now think about this there are approximately 40 million people with student loan debt somewhere over the 1.2 trillion dollar mark. According to studentaid.gov seven million of those borrowers are in default that is roughly 18%. Default is defined as being 270 days delinquent on your student loan payments. Once in default the loan balances increase by 25% and are sent to collections.

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