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Can bankruptcy solve student debt woes?

Allowing Americans to wipe out some student debt by filing for bankruptcy will do little to help most families.

By MSN Money Partner Jul 24, 2012 10:52AM

This post comes from AnnaMaria Andriotis at partner site SmartMoney.

 

SmartMoney on MSN MoneyA federal agency is asking Congress to consider letting people wipe out some of their student debt by filing for bankruptcy protection. Consumer advocates, however, say the move will do little to help the vast majority of families struggling with college loans.

 

Image: Graduation cap (© Stephen Wisbauer/Getty Images)Richard Cordray, director of the Consumer Financial Protection Bureau, suggested the change to the bankruptcy rules last week in conjunction with a report criticizing private lenders. A 2005 law preventing borrowers from discharging private student loan debt in bankruptcy failed to prompt lenders to lower rates as promised, he said during a media call.

 

But even if Congress changes the private-loan policy, federal loans -- which account for about 85% of the more than $1 trillion in outstanding student debt -- would still not be dischargeable through bankruptcy, says Mark Kantrowitz, the publisher of FinAid.org, a student loan tracker. (Post continues below video.)

And the federal loans are not only much more common, they also default at nearly twice the rate. Approximately 9% of the total dollar amount of federal loans outstanding is in default compared with roughly 5% of private student loan dollars, according to data from the Department of Education and FinAid.org.

 

The recommendation comes at a time when student debt is rising rapidly. Since June 2005, debt has soared from $430 billion to more than $1 trillion, with many Americans across all age groups struggling to keep up with payments. With the aim of easing some of that burden, last month Congress voted in favor of extending the 3.4% rate for new federal subsidized Stafford loans for one more year. Rates on those loans, whose interest is paid by the government while borrowers are in school, were set to double if Congress didn't intervene. Experts say more aid may come soon.

 

Though private loans are often criticized for giving borrowers fewer options to stretch out payments in times of distress, the repercussions for those behind on federal loans are often worse. Private lenders and the federal government can both garnish borrowers' wages, but the government has a much greater reach. After borrowers default on federal student loans, the government can also keep their income tax refunds and withhold part of their Social Security checks during retirement.

Roughly 850,000 private loans that went into repayment from 1998 to 2009 are in default, according to the CFPB. During that same period, nearly 2.1 million federal student loan borrowers defaulted within two years of entering repayment, according to data from the Department of Education.

 

But allowing federal loans to be discharged through bankruptcy may be a nonstarter, officials say, as taxpayers would be saddled with the cost.

 

More from SmartMoney and MSN Money:

106Comments
Jan 5, 2013 1:21AM
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523(a)(8) must be repealed.  Mark Kantrowitz has said it.  The Harvard Law Review has said it.  And we, at studentloanjustice.org, have been saying it for years.  There simply is no other way to control prices, reduce defaults, and reduce the overwhelming increases in college costs.

Anyone care to disagree?

Jan 4, 2013 2:14PM
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Everyone makes mistakes.  It's part of being human and the reason we no longer have debtors prison.  Stop being so judgmental.  If the government weren't involved in guaranteeing student loans, tuition would go down because demand would go down.  Colleges raise tuition prices every year at much more than the rate of inflation and government always increases the amount that can be borrowed...the next year colleges raise tuition again and the government increases the amount that can be borrowed again...this  happens over and over and over...EVERY  YEAR...WAKE UP PEOPLE!!!  If bankruptcy were allowed on student loans, like all other debts, tuition would go down as lenders stopped lending so damn much money!
Jul 26, 2012 4:51PM
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Hey, can I take out a loan on something; have you let me keep what I got (like you education) then forgive the debt?

Or is this debt forgiveness and thereby handing out of free stuff only for the select few at the expense of everyone else?

Where do I get in line for the "free stuff others have to pay for", that sounds like a really good deal.  Lets have people get used to the government giving them more and more "free" stuff without them ever having to pay or do anything for it.

What could possibly go wrong? I LOVE bread and circuses.

Jul 25, 2012 4:33PM
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Absolutely! That is EXACTLY what people burdened with student loan debt need! Think about it-every other debt except child support can be wiped out in bankruptcy. Why not student loan debt? Lenders gave students large sums of money without a thought to how they would repay.  Any other type of loan they want to know what your income is, your  place of employment, credit score, etc.  Student loans do not take that into consideration.  The student loan crisis is much like the subprime lending disaster.  Same situation-large sums of money were lended to people who could not afford to repay it.  Student loan debt top $1 trillion dollars.  This is America's next economic apocalypse. If student loans could be discharged in bankruptcy, the economy would see a dramatic resurgence of consumer spending.

 

 

Jul 24, 2012 7:59PM
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It has become a viscious circle. There is a large bias in hiring against those who don't have college degrees. I've even seen postings for factory jobs wanting a 4-year degree. Part of the problem is employers don't want to, can't test, or fear being sued for testing knowledge so they rely on the piece of paper. The proliferation of degrees, and the capability to get them without mastering the material, much less retaining it, and in some cases not even seeing good material, leads to hiring less-than-competent people who have degrees. There are some very good for-profit universities but there are also degree (or debt) mills.

With the exception of specific engineering and science degrees for certain jobs, a degress basically should show someone is capable of learning and the hiring company then should take them and provide the additional training needed for a specific job. Companies have cut back on training.

Don't get me started on everyone and their brother now wanting PMP certification. There is more than the test. There usually is initial training and then there is the ongoing cost for CEUs to maintain certification that take significant time and often a fair amount of money. Employers need to realistically look at what is needed for an employee in general and for filling specific positions and stop asking for more and more credentials that drive up the cost to the worker and may not result in appropriately increased compensation. THe PMI and PMP certification have morphed from a professional association to advance knowledge and are becoming a cost-driver to maintain the status-quo.

Jul 24, 2012 7:37PM
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Stop it.  Just stop the whole ridiculous system of student loans.  This whole thing smacks of sub-prime lending all over again.  The U.S. government makes loans for kids to go to school and charges an interest rate higher than my home mortgage or my credit card and worries about a default rate?  They pay the interest on loans by private lenders at the same excessive rate for now with a doubling of that rate in a year while a kid is in school and then guarantees the loan against default?   Who designed this system?  J.P.Morgan/Chase?  Millions, if not billions, are loaned to attend schools of cosmetology, art institutes and other for-profit institutions?  There is no consideration of the value of major studies and whether those majors will provide enhanced income or are of real use or value to the nation as a whole?  You might as well throw sand by the shovel full into the surf and hope to build an island.  It's absurd.
Jul 24, 2012 7:26PM
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The govement should go after the doctors,lawyers ,,etc who have the means to pay but don't. We give out give out a lot of money in aid ,Israel get the most,o they have this problem ?  it time to cut these handouts to other counties .We need more people getting a better education,they will be our future so let  cut them some slack .

Jul 24, 2012 7:18PM
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Can't pay back my college loan, but I can afford to buy the latest I-phone with a data plan costing $100 a month? Don't forget the new $175 Nike Air Jordans. Or maybe that $600 I-pad. Please don't tell me I can't buy the latest video games! 

 

More liberal why do I have to pay for what I want whine.

Jul 24, 2012 7:05PM
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No student loans in my day. I didn't even have a car and was told to go to work. So I went to work at a car wash a few blocks from home. Degrees were not that common back then. Ended up with everyone having a degree but me where I worked and I was the boss. The 6 digit wage seem more like hard work than success. Starting out in the hole may not be as good as starting out at zero. I would rather have the money than the prestige. Today if I were young I would be a long shoreman and work in a harbor. Good bucks to start gets a running start at life. If you don't want to pay back the loan then don't borrow the money. Cop out on this then cop out on that is a bad habit to have in life.
Jul 24, 2012 6:49PM
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Hey here's a novel idea, if you borrow money you pay it back???
Jul 24, 2012 6:46PM
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One thing I would agree to, and that would be allowing people some latitude to be able to write off on your income taxes the student loan interest. Anything else is just plain wrong.

I for one have paid my loans off years ago. It wasn't fun, or easy. But I did it.

One thing I can mention is there are other alternatives, many others like me have served in the military to earn extra income for schooling. Those funds are still out there. So if you want to make life easier, or a chance at making your future a little brighter, once again try working for it. Otherwise claiming bankruptcy is just another form of asking society "AKA the government" which is nothing more than you and me, to pay your way!

Pull yourself up by your boot straps, and BE RESPONSIBLE to carry your own weight.

Don't forget that you took the money, now it's time to pay back the debt you incurred. Remember that no one forced you to go to school. And no one ever forced you to take the money.

Jul 24, 2012 6:41PM
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I agree with John M. Parker. A college degree, in and of itself, has lost its value. Everyone has one and anybody will give you one. As with what precipitated the housing bubble, somewhere along the lines, this country told everyone that you have to have a college degree to do anything.  Just like we told everyone that you have to have a house. And because of this, lending became unscrupulous. The same thing is going on now with student loans. We've got everyone thinking that they'll be relegated to welfare and public housing if they don't get a degree from some big-name school, the cost of which is astronomical, and is saddling the next generation with debt they won't be able to absolve until their old age. It will affect their quality of life, their ability to purchase a home, buy cars, their credit, to provide a better life for their children, and it will impact the future economy. Not having a college degree does not have to be a doomsday scenario. I know many people who do not have a four year college degree that are doing better financially, debt-wise, than people who have one or two degrees! Your job options may change, but that doesn't mean you can't make it and that you'll never have anything. Some of those individuals of which I speak (w/o a degree) will have their homes payed off by the time they are in their 40s or early 50s. There are trade schools, community colleges, two year degree programs, etc. Its time that we re-examine our options. Also, we need to take a lesson from our foreign counterparts and immigrants. AMERICAN FAMILIES MUST START WORKING TOGETHER and re-develop a more communal mindset to get through these times. Live together. Pool your money and resources. Don't become a slave to credit and debt. 

Jul 24, 2012 6:21PM
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My kids went to community college and state college to avoid racking up high education debt.
My oldest son is taking paying back his college debt seriously. My third son is going to community college now.

Those who were careless in running up high education debts want the taxpayers to bail them out.
That means the irresponsible want those who were responsible to bail them out.

I say no. If you don't want to pay the loan back, don't take the loan in the first place.

Perhaps the kids thinking about college need to hear a few good horror stories so they will learn to be responsible with how much college debt they take on.

Jul 24, 2012 6:08PM
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Why should we bail out people who made bad decisions.  My kids went to state schools to avoid debt for all of us. It wouldn't be right to let these people get Harvard educations for free and beat my kids in the job market.  This is another entitlement waiting to happen.  Stop the madness.  They can give up their new BMW's until they pay their bills.
Jul 24, 2012 5:59PM
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The problem here is not the need to get rid of the student loan repayment, but to reduce the astronomical costs it takes to get a college education. I received my BA from a state school which I paid $18,000 for. But later in life had to obtain an MBA to advance my career and it cost me $25,000 which I am paying for the next 10 years. The job I was able to get does make up for the cost, but it is still more than I felt it should be.

 

We need to find a way to lower the costs of education, and its not with more scholarships. The more "free" educations a college gives out the more it costs the rest of the paying students. Scholarships should be for the exceptional students, not anyone who breathes and can't afford to pay. I worked full time throughout all my years in college and so can others.

Jul 24, 2012 5:53PM
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I think many of you are missing the point here.  Nobody should get a free ride BUT, as a guarantor, the government is already paying for the student loans.  They pay the private lender when the loan defaults.  In essence, the government is insuring a risk-free loan by the bank!  The government then has to collect upon the defaulted loans.  Sure it can garnish Social Security and seize tax refunds but really, if those are the means of payment, the defaulted borrower is likely also going to rely on federal and state aid for subsistence.

 

The biggest problem with student loans is the inexplicable rise in tuition, far outpacing inflation.  Add to that high interest rates that lock-in above the rate of inflation, throw in the second worst recession in US history and you have a recipe for massive default and a generation crushed under the weight of debt that will have to rely on social services as they age since they cannot build retirement accounts.  Finally, factor in their lost economic contribution.  They cannot put money in retirement accounts, thereby boosing the stock market.  They cannot purchase consumer goods, thereby employing workers (manufacturers, shippers, sellers, etc.). 

 

Not sure what the solution is but it seems like most people complain about government wasting money anyway.  Borrowers can pay the government (which will waste the money, some say) or they could contribute it toward the general economy.

Jul 24, 2012 5:47PM
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Eliminate the student loans alltogether and watch how fast the cost of education falls to levels people can afford.
Jul 24, 2012 5:47PM
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They have made a degree so cheap, it's not worth what it used be. They lowered the standards for college entrance. Say you have a degree in finance and you go bankrupts, how does would that look on a resume. Poor kids have to go in the military to be able to go to college, why give these people a break.
Jul 24, 2012 5:44PM
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Why did congress vote to stop the Pell grants?
Jul 24, 2012 5:44PM
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Bull, it would help a lot, just not the rich
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