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re: Student Loan Debt Cancellation - Should people who paid off during freeze get refunds?

Posted on 6/18/22 at 10:49 pm to
Posted by JOJO Hammer
Member since Nov 2010
12482 posts
Posted on 6/18/22 at 10:49 pm to
quote:

student loan forgiveness


It’s not loan forgiveness, it’s debt redistribution.
Posted by tide06
Member since Oct 2011
25151 posts
Posted on 6/19/22 at 7:47 am to
Posted by tduecen
Member since Nov 2006
161246 posts
Posted on 6/19/22 at 7:53 am to
There needs to be a cap based on degree you are working towards... people shouldn't have 100k student loans while getting an art or teaching degrees.


Now I understand some who are at 100k it is mainly because of interest, which is a bitch, but they've only paid the minimum. Of course people like Sallie Mae were not honest with borrowers either. I was with them and they never told me about some of the options that were available to help pay off my loans.
Posted by molsusports
Member since Jul 2004
37756 posts
Posted on 6/19/22 at 9:22 am to
quote:

student loan forgiveness


It’s not loan forgiveness, it’s debt redistribution



Exactly

We all share the debt that individuals willingly assumed

This is a terrible and unethical proposal
Posted by Lightning
Texas
Member since May 2014
3119 posts
Posted on 6/19/22 at 8:22 pm to
quote:

Brunner v. New York State Higher Education Services Corp., 831 F.2d 395, 396 (2nd Cir. 1987)


This is the case that established the Brunner Test, making it very difficult to cancel student debt in bankruptcy.

Why? Well because Ms. Brunner filed for bankruptcy 10 months after graduating with her Masters degree and 1 month after her first loan payment came due.

She was not disabled and hadn't even been working a year yet when she decided, "Nah, I have a lot of debt and I'd rather not pay that back."

Her worthless freeloading arse is why the courts tightened up the rules on student debt and bankruptcy. Otherwise the federal student loan system would have crumbled back in the 90s when people figured out they could run up bills and never pay them back.
Posted by AllbyMyRelf
Virginia
Member since Nov 2014
4332 posts
Posted on 6/20/22 at 8:23 am to
Yes, that is correct. It is difficult to discharge student loans, but it is not impossible. Just because something is difficult to have discharged (it ought to be difficult) doesn’t make it non-dischargeable
Posted by thunderbird1100
GSU Eagles fan
Member since Oct 2007
72677 posts
Posted on 6/20/22 at 9:14 am to
quote:

Why?


It's very simple, imagine the precedent this sets for current borrowers, people in college and future borrowers that see the govt forgiving EVERYONE'S student debt to whatever degree they do, and they will promise more without a doubt. At that point if you have loans, why ever pay them? If you're able to take out loans after seeing mass forgiveness, why not just max it out and not pay yourself?

It's absolutely stupid. They need to stop giving out loans if they are just going to forgive it. To say people need this and it's a problem but then continue to hand out money creating more of the same problem is absolutely asinine.

This is nothing more than a vote buying scheme for a party currently struggling in a big way. All at the expense of the American taxpayers and creating even bigger future problems for someone else to deal with. All for $10k of "forgiveness" to people even making up to $299,999 of income in a household, it's a joke. $10k of "Forgiveness" isn't really helping anyone. Going out to a bunch of people who have zero issue paying on their loans. It's just an amuse-bouche for a bigger prize they want people to vote for.
This post was edited on 6/20/22 at 9:19 am
Posted by Eurocat
Member since Apr 2004
17611 posts
Posted on 6/20/22 at 9:17 am to
New student loan effort -

LINK

Posted by Weekend Warrior79
Member since Aug 2014
22497 posts
Posted on 6/20/22 at 10:04 am to
quote:

The only way that would be fair is to have it be means tested, and any forgiven loans are recouped from the school instead of the taxpayers.

That will punish schools for excessive tuition and bogus majors.

Means test would be great. Could be something as simple as a multiplier of the the average income 5 years post graduation. The averages would be based on the average incomes for a chosen major from that school. Although the interesting caveat will be how certain averages will be artificially inflated by professional athletes
Posted by Lightning
Texas
Member since May 2014
3119 posts
Posted on 6/20/22 at 10:17 am to
quote:

Yes, that is correct. It is difficult to discharge student loans, but it is not impossible. Just because something is difficult to have discharged (it ought to be difficult) doesn’t make it non-dischargeable




OK and the comments you were originally replying to were

"Just allow people to write them off in bankruptcy"

To which you answered, "You can."

And someone replied, "Only if you plan to spend the rest of your life as a vegetable, otherwise it’s not dischargeable as part of bankruptcy."

To which you responded, "That’s not true lol"

The whole point people were making was that it is very difficult to meet the Brunner test for discharging student debt in bankruptcy without proving lifelong disability. That the bar is set much higher for this debt versus other debt in bankruptcy court. You appeared to be saying that wasn't the case - "You can" and "That's not true" - but now you're saying it is difficult but not impossible. Which is where we started.


Posted by AllbyMyRelf
Virginia
Member since Nov 2014
4332 posts
Posted on 6/20/22 at 10:26 am to
First statement assumed you cannot write off student loan debts. I said you can, because you can if you meet the Brunner Test.

Second statement says you have to be a vegetable to meet the test. I said that wasn’t true, because it isn’t true.

Hope this helps
Posted by Foy
Member since Nov 2009
4766 posts
Posted on 6/20/22 at 10:28 am to
quote:

Should people who paid off during freeze get refunds?


Sure. Why did you do that though, makes no sense.
Posted by Globetrotter747
Member since Sep 2017
5966 posts
Posted on 6/20/22 at 10:52 am to
At this point I just wish they would go ahead and make a fricking decision on it and let’s move forward.
Posted by bod312
Member since Jul 2015
846 posts
Posted on 6/20/22 at 10:52 am to
quote:

"Just allow people to write them off in bankruptcy"


I am fine with that if they lose all of the benefits of that degree. If you write off your student loans then you should never be able to work in any capacity where any requirement or recommendation is to have a degree.

You don't get to write off your mortgage and keep the house so why should you be able to write off your student loans and keep the benefit?
Posted by AllbyMyRelf
Virginia
Member since Nov 2014
4332 posts
Posted on 6/20/22 at 10:55 am to
Because a mortgage is a secured loan using the house as collateral whereas a student loan is an unsecured loan without collateral.

Other unsecured loans, likewise, are discharged in bankruptcy with priority to liquidation assets given to secured creditors.

ETA: This would also be bad policy—under non-chapter 7 bankruptcies, a degree would help the debtor get a better job to meet payment plans so that creditors eventually do realize some of their loans. If you remove the degree, you remove the increased possibility of creditors to get back money
This post was edited on 6/20/22 at 10:58 am
Posted by j1897
Member since Nov 2011
5091 posts
Posted on 6/20/22 at 11:00 am to
quote:

This would also be bad policy—under non-chapter 7 bankruptcies, a degree would help the debtor get a better job to meet payment plans so that creditors eventually do realize some of their loans. If you remove the degree, you remove the increased possibility of creditors to get back money


Nonsense, the market would fix all this, assuming it was a free market.
Posted by AllbyMyRelf
Virginia
Member since Nov 2014
4332 posts
Posted on 6/20/22 at 11:03 am to
quote:

the market would fix all this, assuming it was a free market.
Fix all what? Are you saying that under a free market, credentialing wouldn’t be a signal to higher quality services (and therefore higher wages for the credentialed)?

To be fair, I’m not talking about useless degrees like People of Color Women Studies or something like it
Posted by bod312
Member since Jul 2015
846 posts
Posted on 6/20/22 at 11:03 am to
Forgiving debt is a terrible idea and doesn't solve the simple problem nor the complex issues at play.

The best strategy would be to have everyone on income based repayment plans. Move all the interest rates to 0. If your income is below a threshold (something relatively low like $30-40k) then you do not have to pay anything back. The balance does not grow because the interest is 0. Your balance does not shrink therefore if you become successful in the future then you have to pay it back. Why should we forgive student loans if someone were to become successful and be in a position to pay it back? Upon death it gets netted out against the estate and any remaining balance gets forgiven at that point (heirs shouldn't be burdened by it).

The majority of student loans (value not number of holders) are held by doctors, lawyers and other people with professional degrees. I would love to hear the approval ratings by tax payers when they know that the majority who stand to benefit from this are doctors and lawyers.
This post was edited on 6/20/22 at 11:07 am
Posted by AllbyMyRelf
Virginia
Member since Nov 2014
4332 posts
Posted on 6/20/22 at 11:19 am to
quote:

The best strategy would be to have everyone on income based repayment plans. Move all the interest rates to 0. If your income is below a threshold (something relatively low like $30-40k) then you do not have to pay anything back. The balance does not grow because the interest is 0. Your balance does not shrink therefore if you become successful in the future then you have to pay it back. Why should we forgive student loans if someone were to become successful and be in a position to pay it back? Upon death it gets netted out against the estate and any remaining balance gets forgiven at that point (heirs shouldn't be burdened by it).
While this is a MUCH better idea than student loan forgiveness, it still doesn’t address the problem. The federal government should stop giving out student loans and leave it to the private market. Or, if they can’t stop, at least use some underwriting standards that take into account ability to repay. By having very lax (or nonexistent) underwriting standards, the government has created a subsidy on student loan credit. What happens when you lower the price of something? Quantity demanded increases. It turns out that going to college is a complement to obtaining a student loan (who knew). If you increase the quantity demanded of one, you increase the quantity demanded of the other. It’s no coincidence that college tuition has skyrocketed with the issuance of student loans.
Posted by j1897
Member since Nov 2011
5091 posts
Posted on 6/20/22 at 11:21 am to
quote:

I’m not talking about useless degrees


That's literally what student loan forgiveness is about.
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