Did you not see the word "strategic"??I favor cancelling the loans of the students who were scammed. They're victims.I'm not against the Biden loan forgiveness, but I have a few friends who never went to college, who always vote for the Democrats, who are very resentful that some people might get loan forgiveness, if Biden's plan survives. I would prefer that loan forgiveness be given first to those who need it the most, who were victims of scams and who are having a difficult time finding jobs in their chosen career fields. If nothing else, the idea that when one declares bankruptcy, their student loans don't apply is wrong, imo. Why should student loans be considered any differently than any other debt? Maybe it would have been better if Biden had simply attempted to change that ruling, for starters.
The reason they aren't dischargeable is that if they were you would see a rash of strategic bankruptcies. A newly graduated student would have a huge debt, no income, no assets--chapter 7 time. The whole system would fall apart if that were allowed.
As I understand it, the student loans are made more difficult to discharge than other kinds of loans. Do you have an explanation for why that is? Are people who fund their education through loans more likely to be irresponsible than others? The people being forgiven their loans now are not newly graduated. The difficulty of discharging the loans is not tailored to just newly minted graduates. The excessive burden on the person with the loan obligation lasts a lifetime.
Yes, I did. That was a concern back in the 1960s and 1970s, when I had such a loan and had to manage repaying it. The remedy back then was to put a moratorium on bankruptcy discharge for five years after graduation. I addressed this in a later post on the history of the discharge issue. It wasn't until the HW Bush administration that the discharge restriction was made permanent, when the issue was no longer about strategic bankruptcies but keeping the unfair leash that banks had on this particular group of borrowers in place for the rest of their lives. I'm sure it helped those legislators with raising donations for their campaigns, because banks like to reward politicians who do them favors.
I'm not saying they're more irresponsible or anything. I'm saying that at the time someone graduates they typically have little or no income, little or no assets and a big debt. That makes a pre-planned Chapter 7 look very tempting. It's like in the housing collapse we saw a wave of strategic foreclosures in non-recourse states. Borrowers decided it was worth trashing their credit in exchange for getting rid of a house that was way, way underwater. (And lenders came to recognize that one big thing on an otherwise-good credit report generally did not represent that big a credit risk.)
Did you not read my subsequent post on the history of the discharge issue? Strategic bankruptcies are real and especially useful to very rich people who can afford the lawyers to drag out claims in bankruptcy courts. They simply don't explain why the extra discharge burden remains in place long after the "time someone graduates" and they "typically have little or no income, little or no assets and a big debt". It is currently hitting a lot of aging people who are gainfully employed and even retired. Your argument does not apply anymore.
Very rich people don't declare bankruptcy.
A 5 year delay would deal with much of it, but not all. I still favor my approach of capping the payments owed--eliminate the actual problem without catching others in the same net.