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Monday, January 21st 2019. | Student Loans

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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.

As a borrowers income rises the income-based repayment cap will also go up. If the income-based repayment cap reaches a level higher than what a borrowers monthly payment would be under a standard 10-year student loan repayment plan the borrower will no longer qualify for income-based repayment for her or his student loans. Borrowers whose adjusted gross income falls below 150 percent of the poverty threshold wont be required to make any payments on those student loans that qualify for income-based repayment. Even if no payments are due however interest will continue to accrue on those college loans . Unpaid interest will also accrue if a borrowers income-based monthly payments arent sufficient to cover the full monthly interest on the qualifying college loans.

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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.

Defaulted student loans. Your student loans dont have to be new to be eligible - even long-time graduates may be able to qualify for income-based repayment on college loans taken out years ago. But you cant be in default on your loans. To qualify for an income-based repayment plan any federal college loans you have in default will need to be rehabilitated first. Its crunch time for college students trying to secure the money they need for the fall semester. But with lenders continuing to suspend their student loan programs - the count now stands at 131 federal loan lenders and 30 private loan lenders - students may find themselves challenged to locate lenders that are still offering federal or private student loans. In an attempt to help lenders be able to continue making new federal student loans the government included a provision in the Ensuring Continued Access to Student Loans Act signed into law in May aimed at providing capital for cash-strapped lenders.

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