Can I File Bankruptcy On Student Loans

Sunday, January 20th 2019. | Student Loans

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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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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.

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.

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