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Proposed Bill Would Give Student Loan Debt Collectors More Power to Harass You

October 4, 2011 | Adam S. Minsky, Esq. Policy & Reform

A proposed bill in Congress, which is supported by President Obama, would allow private collections agencies contracted with the U.S. Dept. of Education to “robo-call” cell phones of student loan borrowers who are in default. The change “is expected to provide substantial increases in collections, particularly as an increasing share of households no longer have landlines and rely instead on cellphones,” the Obama administration wrote recently. Of course, what the administration did not mention is that collections agencies are authorized to add on collections fees of up to 18% of the balance of a defaulted federal student loan. So everyone wins, except student borrowers.

The bill is strongly opposed by consumer groups, including the National Consumer Law Center, which argues that this bill would give debt collectors more power to harass and abuse student loan borrowers (and any other debtor who has defaulted on their obligation). Indeed, debt collectors frequently violate fair debt collection laws already, but this bill would give them even more flexibility in doing so. Progressive Democrats and consumer rights groups are furious that the Obama administration has the same position as the banking and private debt collection industries.

For more on this bill, click here and here.

To register your opposition to the bill and contact your Congressional representative, click here.

To contact the White House and express your view, click here.

Policy & Reform

Zero-Interest Student Loans Offered in Rhode Island

August 16, 2011 | Adam S. Minsky, Esq. Policy & Reform

I was scouring the internet for some piece of good student-loan-related news to balance out all the gloom and doom that’s been dominating the airwaves and 24-hour news cycles. I came across this, and it’s definitely worth sharing.

Republican-turned-Independent Lincoln Chafee, Governor of Rhode Island, has introduced a zero-interest student loan program for nursing students who agree to work in the state after they graduate. The state expects to require 6,500 nurses by 2020, and the program is being used as an incentive to keep nurses working in Rhode Island after they graduate.

My sense is that this is an example of how student loan programs really can be used to further people’s education in a positive, productive, and fair way, and get them employed in stable, well-paying careers after they graduate. Students get to finance their program up-front with little-to-no borrowing costs and nearly-guaranteed employment, while the state gets to keep young talent within its borders. Sounds like a great deal to me. The program is being offered by the Rhode Island Student Loan Authority. Read more here, and also check out their loan forgiveness program for primary care providers.

Policy & Reform

U.S. Senators Dick Durban, Sheldon Whitehouse, and Al Franken Introduce Legislation to Make Private Student Loans Dischargeable in Bankruptcy

July 6, 2011 | Adam S. Minsky, Esq. Policy & Reform

If you’ve read my previous posts about bankruptcy and private student loans, you’ll remember that one of the most significant problems with private student loans is that with rare exception, they cannot be discharged in bankruptcy. While many other types of debt (such as credit card debt) can be eliminated through bankruptcy if you are ultimately unable to pay, you will probably still be obligated to pay back your private student loans even if you successfully declare bankruptcy. These loans can thus haunt student borrowers for their entire lives (or even beyond, but that’s another story).

This wasn’t always the case. Before 2005, it was easier for student loan borrowers to include private student loans in bankruptcy discharges. Bankruptcy reform legislation, however, passed by Congress in 2005 and signed by President George W. Bush, drastically changed bankruptcy law’s treatment of private student loans. Suddenly, student loans became one of the most secure forms of debt for commercial lenders. U.S. Senators Dick Durban (D-IL), Sheldon Whitehouse (D-RI) and Al Franken (D-MN) have recently introduced legislation to restore bankruptcy protections for private student loan borrowers.

The bill is supported by other members of Congress as well as over 35 groups and organizations including the American Council on Education and the National Consumer Law Center. But given today’s political climate and our divided government, does this bill have any chance of passing? Read more here:http://durbin.senate.gov/public/index.cfm/pressreleases?ID=f7c84e6c-f2ac-4ee5-b466-f461b0f0de8a

Policy & Reform Private Student Loans

New Regulations Protect Student Borrowers from For-Profit Colleges

June 9, 2011 | Adam S. Minsky, Esq. Policy & Reform

The U.S. Department of Education released new regulations last week that increase federal oversight of for-profit colleges (e.g., University of Phoenix, DeVry University, ITT Tech) and seek to protect student loan borrowers. This follows increasing scrutiny from lawmakers about the practices of for-profit colleges.

For-profit colleges spent about $8 million in federal lobbying last year, and they fought hard to stop these regulations. The regulations, in part, provide that for-profit colleges must pass a three-part test in order to be eligible to receive federal student loans and grants. Student debt advocates applauded these regulations, but many think they do not go nearly far enough to protect student borrowers. What do you think?

Read more here: http://www.politico.com/news/stories/0611/56077.html

Policy & Reform

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Books by Adam S. Minsky

The Student Loan Handbook for Law Students and Attorneys

The Student Loan Handbook for Law Students and Attorneys

Student Loan Debt 101

Student Loan Debt 101: The Definitive Guide to Understanding and Managing Your Student Loans

Student Loans for Parents and Cosigners

The Student Loan Guide for Parents and Cosigners

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Boston, MA 02110

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