Student Debt

The Price Is Not Right: Solving Student Debt Starts with Stopping Soaring Tuition Cost

(Source) On August 8, 2020, the former Secretary of Education renewed the suspension of student loans, stopped collections, and waived federal loan interest until the end of the year. The action taken by the federal government acknowledges that there is a problem but addresses only the immediate threat by providing temporary relief. In September, some senators called for the former President to cancel $50,000 of student borrower debt under the Higher Education Act, the effects of which would endure beyond the pandemic. However, both solutions are limited, as they fail to address the source of the student debt crisis: the precipitously increasing cost of higher education placing borrowers in a strenuous situation: paying off thousands of dollars in student loan debt for ages after graduation. Part of the challenge of addressing the larger problem lies in the lack of consensus about what causes the price of higher education to increase. Bill Bennett, the Reagan Administration’s Secretary of Education, launched one prominent theory on why tuition prices continue to climb. Commonly known as the Bennett Hypothesis, Bill Bennett blamed colleges for exploiting federal financial aid expansions by raising tuition prices, believing the subsidies would“cushion the increase.” He criticized colleges for being [read more]

Student Loans: An Evolving Balancing Act of Public and Private Lenders

(Source)   As the political circuit heats up, politicians have acknowledged the public’s growing concern for the student debt crisis. The issue has taken center stage, especially among millennial voters, as collective student debt in the United States has hit $1.5 trillion—becoming one of the largest consumer debt categories. The rise of student debt parallels the skyrocketing cost of education in the U.S. as student lending practices and educational costs create a perpetuating cycle of increasing fees. It is important to look back at the policy choices behind student lending practices in the U.S. to understand the current system. Arguably, the public lending practices that have allowed the drastic increase in educational costs were essential to mitigate other negative externalities.   The Path to Direct Lending: Ensuring Non-Discriminatory Education at Lower Costs In attempts to develop a nationwide student loan program in 1965, Congress established the Federal Family Education Loan (“FFEL”) program. Non-discriminatorily guaranteeing student loans served as the program’s cornerstone as long as students were eligible for the program. This was Congress’s attempt to “even the playing field” for students of different socioeconomic statuses. Before FFEL, students would have to turn to the private market for student loans, limiting [read more]

523(a)(8): The Elusive Student Loan Debt Discharge

By Sam Gamer   This past summer, the total student loan debt owed by Americans crested up to $1.2 trillion. For those staring down their own slices of that staggering sum, the options available to pay it off can seem daunting. A lucky few of these former students might be able to find high-paying jobs that enable them to easily handle their debts. For most, however, the path likely includes some combination of sacrifice, payment plans, multiple jobs, and refinancing. And for those who have an appetite for uphill battles, an additional tool might make sense: bankruptcy. The discharge of one’s debts is a hallmark of the consumer bankruptcy system. Whether filing for chapter 7 or chapter 13, the debtor emerges from the process with his debts forgiven. Well, most of them. Contained within section 523 of the federal bankruptcy code is a list of certain debts that, even in a bankruptcy context, a borrower can’t escape from. Student loans are on this forbidden list. Specifically, the law says that, unless the former student can prove that keeping the loans will impose an “undue hardship” on him or her, the loans will not be discharged even after a bankruptcy filing. [read more]