Lower Student Loan Payments
Under this legislation the Department of Education can buy federal college loans from lenders thereby providing these lenders with the liquidity they need to continue funding new parent and student loans. The law specifically targets lenders who in the current credit crunch are unable to find investors in the secondary market willing to purchase their student loan portfolios. Even with this legislation in place however lenders continue to find themselves forced to suspend their student loan programs. As recently as July 28 the Brazos Higher Education Service Corp. the 26th-largest originator of federal student loans in 2007 and the Massachusetts Educational Financing Authority the largest student loan issuer to Massachusetts residents both announced that they would no longer be able to provide either new or current borrowers with student loans.
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.
Most Popular This Week
Some of the benefits and advantages of federal student loans is given below. Unlike other forms of consumer debt student loans receive special protections under current laws ranging from collection to bankruptcy. This special status applies not only to the primary borrower (the student) but also to any co-signer on the loan. Student loans are one of the hardest types of debt to shake. Current U.S. bankruptcy law allows a court to discharge these loans in bankruptcy only in the narrowest circumstances. In fact the legal requirements for discharging education loans are so formidable to meet that most bankruptcy attorneys avoid student loan cases altogether. Since so few loan borrowers qualify for bankruptcy discharge under the law the vast majority of loan debt is carried until the borrower repays the loan or dies -- although some non-federal student loans even survive death passing the debt on to the borrowers co-signer.
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.