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Re:Judge rules that student loan debt is dischargeable in ba... by toasterlovin on Sunday January 12, 2020 @05:12PM (#22029899)
The argument for bankruptcy protection for student loans is that, at the end of college, students are in a uniquely advantageous position to file for bankruptcy. They don’t have any assets, they don’t have any significant income earning history, etc. I think the original intent was to incentivize more lending, and thus more access to higher education, by giving lenders more protection.

It was a mistake, IMO.

Re:Judge rules that student loan debt is dischargeable in ba... by ethbro on Sunday January 12, 2020 @05:24PM (#22029995)
College loans rates (costs) would certainly spike if they were made dischargeable.

The bargain probably should have been "Cannot be discharged in bankruptcy, until 15 years have passed after loan origination."

Like Prop 13, the overall effects of undischargeable loans have been overwhelmingly negative -- decoupling college tuition inflation from income growth / general inflation, via government underwriting of loans, while removing market influence on guiding students to choose majors with a return on investment.

Re:Judge rules that student loan debt is dischargeable in ba... by Sanzig on Sunday January 12, 2020 @07:24PM (#22030818)
This is essentially how it works here in Canada.

In Canada, the vast majority of student loans are taken out directly from the government. You can't declare bankruptcy on a government-issued student loan until seven years after the last day you were a full-time student. After the seven year timer runs out, it's treated the same as any other unsecured debt and you can include it in a bankruptcy (equivalent to a Chapter 7 in the US) or a consumer proposal (equivalent to a Chapter 13 in the US).

Private student loans also exist, but unlike government loans they have no special protection - you can go bankrupt on them just like any other type of unsecured debt at any time. For this reason, private lenders almost always require a cosigner for these types of loans.

Re:Judge rules that student loan debt is dischargeable in ba... by guelo on Sunday January 12, 2020 @08:19PM (#22031078)
A big part of the problem is the US's annoying penchant for privatization which then means you need a profit motive. There's a revoltion against any kind of program purely for the public good.
Re:Judge rules that student loan debt is dischargeable in ba... by WillPostForFood on Sunday January 12, 2020 @09:19PM (#22031316)
Come on, the student loan program has been almost entirely taken over by the government. It is an example of the literal opposite of privatization. Citing a progressive source here:

... federal student loans, which are the largest single source of college debt, representing more than 92 percent of outstanding student loan balances.

https://www.americanprogress.org/issues/education-postsecond...

Re:Judge rules that student loan debt is dischargeable in ba... by wayoutthere on Sunday January 12, 2020 @09:36PM (#22031395)
The federal student loan programs are actually awful value-wise. If you're in a degree program that typically pays well upon graduation, private student loans usually offer much lower interest rates -- lower than even the subsidized federal loans. I got my loans from SoFi at 4.5%; federal rate was around 7.5%.

The way federal student loans work right now (auto-approved at high interest rates with no cap or restrictions on degree program) basically ensured a generation of Americans were bound to wage-slavery.

Re:Judge rules that student loan debt is dischargeable in ba... by bsanr2 on Sunday January 12, 2020 @09:41PM (#22031411)
Much like subprime loans, they're often the only ones available to the ones most in need of them. The idea of "risk" based on things like one's race or or location of residence or income actually INCREASING the price of these loans is cynical and deplorable.
Re:Judge rules that student loan debt is dischargeable in ba... by toasterlovin on Monday January 13, 2020 @01:38AM (#22032349)
Do you have evidence that race is used? I’m almost certain that would be illegal.
Re:Judge rules that student loan debt is dischargeable in ba... by bsanr2 on Monday January 13, 2020 @11:37AM (#22035926)
It's illegal, and it's totally been used.

https://www.pbs.org/wnet/need-to-know/opinion/wells-fargo-se...

That was the instance they were caught for mortgages, but it's happened infamously and recently in auto loans, farm loans, and business loans also. It's unlikely that covert discrimination wouldn't then extend to student loans.

While that likely phenomenon is hidden, what does happen out in the open is that interest rates are higher for people who live in majority-black neighborhoods, which also correlates to a higher default rate. That means one of two things. The intent could be to discriminate against black people by suffusing the loan terms with America's general distrust of black people (and considering the history of racism in lending across all loan types, I don't doubt that this is the case). Alternatively, non-black people in majority-black neighborhoods might be subject to the same high rates; in that case, direct discrimination isn't taking place, but it shows that the banks are setting rates knowing that they'll result in higher interest payments and defaults.

Unfortunately, there's no way to know because the banks refuse to reveal their formulas or allow matched pair testing.

Re:Judge rules that student loan debt is dischargeable in ba... by bsanr2 on Sunday January 12, 2020 @09:38PM (#22031403)
That was something put into place by the Obama administration. which was years after the status quo had been set by private corporations, when the government began letting them administer federal loans (in the 90s, I believe).
Re:Judge rules that student loan debt is dischargeable in ba... by guelo on Monday January 13, 2020 @12:05AM (#22031974)
The loans are from private lenders and gauranteed by the government. If it was just a government program they wouldn't have had to have the draconian anti bankruptcy provisions which were put in place to attract the private lenders.

That's also why Obamacare had to be this rube goldberg public/private complication.

Re:Judge rules that student loan debt is dischargeable in ba... by WillPostForFood on Monday January 13, 2020 @01:26AM (#22032285)
That hasn't been true for a decade. There are still old private loans out there, but since 2010 student loans are directly made by the government, and make up almost all the market. You might have a secondary private loan, but you'd start with a govt. loan.

https://studentaid.gov/

Re:Judge rules that student loan debt is dischargeable in ba... by jlawson on Sunday January 12, 2020 @08:41PM (#22031173)
No, there's an understanding that nobody works 'purely for the public good' because we have no selfless angels that we can assign to run the government.

Since we only have selfish humans, they'll always work for their own good - whether it's profit motive in an open market, or political power and attached financial benefits.

Jeez, imagine how easy society would be if we could actually create government programs 'purely for the public good'. I'd love to live in a world where everything didn't become as corrupt as it structurally can.

Re:Judge rules that student loan debt is dischargeable in ba... by nl on Sunday January 12, 2020 @09:23PM (#22031339)
Jeez, imagine how easy society would be if we could actually create government programs 'purely for the public good'. I'd love to live in a world where everything didn't become as corrupt as it structurally can.

It's ironic that in much of the world this is the case. Specifically, in this thread the Canadian system was mentioned and the Australian system is similar.

Re:Judge rules that student loan debt is dischargeable in ba... by mrfusion on Sunday January 12, 2020 @05:55PM (#22030235)
Or they could just become more selective and only loan to people with good prospects of repaying. Maybe they’ll look at your major, maybe discourage private universities.
Re:Judge rules that student loan debt is dischargeable in ba... by ethbro on Sunday January 12, 2020 @06:14PM (#22030392)
The problem with "good prospects of replaying" / full-knowledge lending (and what the system was originally intended to prevent) is that the best lendees are wealthy students from socioeconomic groups with good employment prospects.

I'm not one to toot on the SJW train, but it's likely inefficient (and certainly unjust) if we encode existing economic biases into our primary method of access to educational capital.

Re:Judge rules that student loan debt is dischargeable in ba... by yzmtf2008 on Sunday January 12, 2020 @06:48PM (#22030609)
I agree with everything you said, but doesn't lending money to the group of people that are less likely to make repayment puts them in a worse place? Instead of being in a socioeconomic disadvantage, they now also have a loan that they can never payback. It honestly feels predatory and sounds like payday lending or one of those "more credit = more cash in your wallet" ads.

I'm really sad that in this view, access to credit is equated to access to education. Sure, in a first degree thinking the goal is achieved, but at the end of the day education is a means to an end rather than an end in itself. Lending people money to attend unaffordable institutions can't be the best way to fix the problem.

Re:Judge rules that student loan debt is dischargeable in ba... by bsanr2 on Sunday January 12, 2020 @09:46PM (#22031429)
>I agree with everything you said, but doesn't lending money to the group of people that are less likely to make repayment puts them in a worse place?

Not if loan terms aren't designed to court default, which they often seem to be. Doesn't it seem backwards to require that the people least likely to be able to pay, pay higher interest rates?

Re:Judge rules that student loan debt is dischargeable in ba... by yzmtf2008 on Sunday January 12, 2020 @09:52PM (#22031463)
> Doesn't it seem backwards to require that the people least likely to be able to pay, pay higher interest rates?

I mean, yes. But on the other hand if the ability to payback the loan (risk of default) isn't taken into account these loans might not exist at all (not necessarily a bad thing). Eventually the risk-adjusted rate hits usury limits and loans start disappearing.

(Of course we still get things like payday loans, credit cards, student loans, etc., but these are legal loopholes that should be closed.)

Re:Judge rules that student loan debt is dischargeable in ba... by Merrill on Sunday January 12, 2020 @06:51PM (#22030626)
Poor, but capable and deserving, students should be given scholarships, not saddled with debt.
Re:Judge rules that student loan debt is dischargeable in ba... by toasterlovin on Sunday January 12, 2020 @07:10PM (#22030737)
University degrees are not actually that expensive to obtain. You go in-state, live cheap, and, if you’re poor, apply for scholarships. Loans are really only necessary if you’re obtaining a graduate degree or if you’re going to an elite school. I think loans would be available to most people in either circumstance.
Re:Judge rules that student loan debt is dischargeable in ba... by chairmankaga on Sunday January 12, 2020 @08:28PM (#22031119)
I went to school 2008-2012.

Went in state,

lived at home (commuted 2-2.5~ hours twice a day)

lived cheap (no real spending outside of school bills)

Had scholarships which knocked off 50% of the sticker price.

After all that, and the high interest rates at the time on my initial loans it was north of 200k.

My parents helped with food and rent (living at home) but everything else I took a loan off.

I considered my loans heavily predatory and wish I could have done things differently.

Re:Judge rules that student loan debt is dischargeable in ba... by cpitman on Sunday January 12, 2020 @09:06PM (#22031267)
That's nuts. What state?

Comparing that to my alma mater (Johns Hopkins), a private university, your loans work out to more than my total cost for tuition for four years (2004-2008). Even looking up their current rates, the average four year tuition after student aid is ~130k. Without any student aid, it hits ~$200k.

Re:Judge rules that student loan debt is dischargeable in ba... by Godel_unicode on Sunday January 12, 2020 @09:29PM (#22031369)
Compare that to UMBC right up the road. Full-time tuition for a year is under $12k, plus a few thousand in books and fees leaves you at less than half of your private schools number less financial aid. And everyone gets aid if you're instate in MD.

Go to public schools, live at home, get out with little debt. It's really not a difficult choice, and it gets even easier if you know about the existence of community colleges.

Stop anchoring impressionable kids to ridiculous tuition numbers.

Edit: the highest average in-state tuition is Vermont with just over $17k. If you're willing to go to a state school, you can do it for under $80k for 4 years.

https://research.collegeboard.org/trends/college-pricing/fig...

Re:Judge rules that student loan debt is dischargeable in ba... by cpitman on Sunday January 12, 2020 @09:47PM (#22031434)
Hah, no kidding. For what its worth, I grew up in a family that moved often, and was not technically in-state anywhere. If I had known that my family would also move to Maryland, College Park would have been probably where I would have aimed for. Younger siblings attended there, and with the Maryland scholarships essentially graduated debt free.
Re:Judge rules that student loan debt is dischargeable in ba... by chairmankaga on Monday January 13, 2020 @03:11AM (#22032713)
Illinois, it was a private school, a semester's cost was 15k.

Granted I should have went to a community college to get my basic classes sorted out.

But being a first generation immigrant and the first to go to college I had little guidance and a high pressure to appease my parents.

At the same time they could not make any payments on my behalf but also did not allow me to go to community college either.

Some would say I should have been smarter, but my parents were sold the "American Dream",

I was forced to foot the bill :)

Re:Judge rules that student loan debt is dischargeable in ba... by toasterlovin on Monday January 13, 2020 @10:46AM (#22035436)
I realize now that I wasn’t explicit, but implied by “in state” is going to a public university (since those are typically where in state tuition is different than out of state tuition).
Re:Judge rules that student loan debt is dischargeable in ba... by chairmankaga on Monday January 13, 2020 @11:19PM (#22041813)
Thanks, actually I wasn't aware of that even now!

Really this would have been great to know from my high school advisor to be able to convince my parents to let me consider other types of universities.

Re:Judge rules that student loan debt is dischargeable in ba... by LanceH on Sunday January 12, 2020 @06:59PM (#22030677)
The flip side of dischargeable loans going largely to the currently entrenched is that those most victim of non-dischargeable loans are the ones most in need of protection.
Re:Judge rules that student loan debt is dischargeable in ba... by BubRoss on Sunday January 12, 2020 @07:00PM (#22030678)
School in the US is already funded by the people in the immediate area, meaning that poor families have worse schools. Also wealthy families wouldn't need student loans anyway.
Re:Judge rules that student loan debt is dischargeable in ba... by wgerard on Sunday January 12, 2020 @06:02PM (#22030305)
> Maybe they’ll look at your major

That wouldn't make much sense, many students aren't accepted into a major until a year or two into their education.

"Intended major" would also be a poor choice, as I think we all know many people who intended to go into one field and ended up in a completely different one.

Re:Judge rules that student loan debt is dischargeable in ba... by mrfusion on Sunday January 12, 2020 @06:07PM (#22030338)
Well you won’t switch your major if your loan depends on it.

Someone else is lending you the money, they can add any strings they want.

Banks deny mortgages for problems with homes all the time. You aren’t able to swap in a different house after the bank approves it.

Re:Judge rules that student loan debt is dischargeable in ba... by ethbro on Sunday January 12, 2020 @06:16PM (#22030416)
I did know a guy who was on a neighboring-state subsidized grant for a nuclear engineering major... and only taking classes in humanities while summering abroad in France.

Not sure how that ended for him, but hopefully poorly?

(The program was originated as that state didn't have a NucE program, so found it cheaper to pay them to go somewhere else than run its own)

Re:Judge rules that student loan debt is dischargeable in ba... by beerandt on Sunday January 12, 2020 @07:11PM (#22030741)
It's called Academic Common Market, and it only offers in-state rates to out of state students. (There's no direct scholarship or money, although sometimes unrelated scholarships are also awarded.) It's not really subsidized any more than regular in-state tuition, since it's a reciprocal program between states.
Re:Judge rules that student loan debt is dischargeable in ba... by MiroF on Sunday January 12, 2020 @06:54PM (#22030637)
Unsure why you would hope something ended poorly for someone else.
Re:Judge rules that student loan debt is dischargeable in ba... by ethbro on Monday January 13, 2020 @12:25AM (#22032046)
Because he faffed around France for multiple years while choosing not to pursue the major expected by the program that helped fund his attendence in the first place?

I've got no sympathy for someone who deliberately makes unethical choices.

Re:Judge rules that student loan debt is dischargeable in ba... by wang_li on Monday January 13, 2020 @08:12AM (#22034116)
Surveys have revealed that 30% of student loan borrowers use some portion of their loans to travel for spring break partying.
Re:Judge rules that student loan debt is dischargeable in ba... by wgerard on Sunday January 12, 2020 @06:09PM (#22030356)
> Well you won’t switch your major if your loan depends on it.

I'm not sure what this has to do with anything I said.

If you're referring to my second statement, I met many people in school who intended to go into engineering or computer science or medicine and had to change their career path once it was clear they weren't going to make it through the first year of introductory classes. I doubt I was alone in seeing that happen.

Re:Judge rules that student loan debt is dischargeable in ba... by MiroF on Monday January 13, 2020 @12:02AM (#22031954)
and some people need to get above a certain GPA to hold on to their merit scholarship
Re:Judge rules that student loan debt is dischargeable in ba... by wutbrodo on Sunday January 12, 2020 @11:28PM (#22031824)
> while removing market influence on guiding students to choose majors with a return on investment.

In theory, non-dischargeability should be _increasing_ pressure on students to choose majors that are worth the monetary investment, no? I guess perhaps your point is that successful insurance companies would be better positioned to make this assessment, but I'm not sure that's true: a student and his advisors/parents have a lot more relevant information about which major they in particular would be most productive in, along with access to the prior for how productive a given major is on average.

Eg, my parents REALLY wanted me to be a doctor, but I knew I'd find medical education intensely boring and unchallenging. Ostensibly, going into medicine may have been more conducive to loan repayment than getting a math degree (and CS, added later), but I had the inside information to know that, if anything, I'd have a tiny (but nonzero) chances of failing to finish a medical education for sheer lack of work ethic. That's the kind of case-by-case information that's not available to insurance companies. If my parents had an incomplete picture of how degree choice played into my loan repayment, an insurance company would be way worse off as compared to our collective decision.

Re:Judge rules that student loan debt is dischargeable in ba... by toasterlovin on Monday January 13, 2020 @10:52AM (#22035472)
The market influence referred to is lenders being more choosy about how much they lend to whom, specifically because 18 year old don’t make good decisions.
Re:Judge rules that student loan debt is dischargeable in ba... by wutbrodo on Tuesday January 14, 2020 @11:11PM (#22051700)
Yea, but I don't think it's accurate to describe it as "market influence being removed": the responsibility just shifts from the lender to the borrower (who is better-positioned to make the call, from an informational standpoint).

> specifically because 18 year old don’t make good decisions.

I'm sympathetic to this argument because there are _some_ 18 year olds making these huge decisions without any reasonable guidance, but for a big chunk of the population, we're talking about 18 y/os + their parents + their college counselors.

And I'm also not claiming it's black-and-white: people (even adults) do very stupid things all the time, so it may be rational to have insurance cos bear part of the responsibility for measuring risk of a given student trying for a given degree. But

1) Given the extremely asymmetric information, this is an extremely blunt instrument, which will lead to countless hot takes about seemingly-ludicrous-but-inevitable false positives and negatives where a student is charged an absurd rate for something that makes sense in his case

2) It's simply not accurate to claim, as GP comment did, that the market influence is being removed: it's just being shifted from insurance co to student+advisors (who again, is much more equipped from an informational perspective to make this call)

Re:Judge rules that student loan debt is dischargeable in ba... by BurningFrog on Sunday January 12, 2020 @08:47PM (#22031197)
> I think the original intent was to incentivize more lending, and thus more access to higher education

If so, that is a classic intellectual mistake that comes from not understanding any Economics.

If you increase demand by pumping out extra education dollars to students, and the supply doesn't increase accordingly, all you've done is raise prices and give the suppliers a huge windfall profit.

Why the supply of college spots doesn't respond to a demand increase, like most goods and services do, is an interesting question!

Re:Judge rules that student loan debt is dischargeable in ba... by whyenot on Sunday January 12, 2020 @05:21PM (#22029971)
It seems like having a bankruptcy on your credit report for the next seven years would be disincentive enough, especially now when everyone from the phone company, to your landlord, to your employer may look at your report.
Re:Judge rules that student loan debt is dischargeable in ba... by vanniv on Sunday January 12, 2020 @05:42PM (#22030130)
Yeah, if I could borrow $250k+ at the start of my career knowing that I'll never have to repay a penny of it, and the only consequence is that I couldn't get a mortgage in the first two years out of university...

...why wouldn't I just borrow every cent I can without even intending to pay it back?

Re:Judge rules that student loan debt is dischargeable in ba... by chrisseaton on Sunday January 12, 2020 @06:50PM (#22030620)
Because taking on a loan planning to default on it is fraud and you can be prosecuted for that.
Re:Judge rules that student loan debt is dischargeable in ba... by gruez on Sunday January 12, 2020 @09:59PM (#22031493)
And how is the prosecution going to prove you intended to default on it?
Re:Judge rules that student loan debt is dischargeable in ba... by chrisseaton on Monday January 13, 2020 @01:58AM (#22032421)
By showing that you made no reasonable effort to pay it off. They’ll just ask why didn’t you work and pay it off as normal.

What do you think at the moment stops graduates taking out a credit card, blowing 100k on it on holidays and then declaring bankruptcy? The same fraud laws as would stop you from clearly never intending to pay off your student debts.

Re:Judge rules that student loan debt is dischargeable in ba... by maxerickson on Sunday January 12, 2020 @06:42PM (#22030576)
I doubt they would give you the whole amount up front if it were dischargeable, so your clock is wrong.

It might be possible to declare bankruptcy a year or two before graduating still. Not sure what employers would make of it. Maybe they'd like the mercenary attitude.

Re:Judge rules that student loan debt is dischargeable in ba... by toasterlovin on Sunday January 12, 2020 @07:02PM (#22030693)
> I doubt they would give you the whole amount up front if it were dischargeable

This is basically the entire point.

Re:Judge rules that student loan debt is dischargeable in ba... by maxerickson on Sunday January 12, 2020 @07:07PM (#22030713)
Right, that's why I pointed it out to the commenter that I replied too, they wrote as if the bankruptcy would start when you took the loan out...
Re:Judge rules that student loan debt is dischargeable in ba... by toasterlovin on Sunday January 12, 2020 @07:37PM (#22030886)
Ah, gotcha. Makes sense now.
Re:Judge rules that student loan debt is dischargeable in ba... by vanniv on Sunday January 12, 2020 @08:12PM (#22031048)
Generally, you don't make payments on student loans until after you graduate. That means you have years to spend the money before you have to worry about refusing to pay
Re:Judge rules that student loan debt is dischargeable in ba... by tonetheman on Sunday January 12, 2020 @06:32PM (#22030512)
this .... so much this.
Re:Judge rules that student loan debt is dischargeable in ba... by vanniv on Sunday January 12, 2020 @06:35PM (#22030530)
All of which, I guess, says that if student loans can be trivially discharged in bankruptcy, then we should expect that non-government loans will quickly go away, and government loans will start to have a ~100% default rate

(or this judge's decision won't become universally applicable, or the law will be changed to circumvent it)

Re:Judge rules that student loan debt is dischargeable in ba... by MiroF on Sunday January 12, 2020 @07:24PM (#22030816)
hot take: private educational loans largely going away would be a good thing for education pricing
Re:Judge rules that student loan debt is dischargeable in ba... by vanniv on Sunday January 12, 2020 @08:09PM (#22031036)
I think it's the government-guaranteed loans going away that would actually be the good thing for education pricing.
Re:Judge rules that student loan debt is dischargeable in ba... by ouid on Sunday January 12, 2020 @05:34PM (#22030077)
why would any of those people care if you have declared bankruptcy? It's much worse for your credit to have a bunch of debt that has higher priority than what a creditor might extend to you. If I'm selling you a cell phone on a payment plan, I would much rather it be the case that you don't have 100k of student loans to pay for first.
Re:Judge rules that student loan debt is dischargeable in ba... by travisoneill1 on Sunday January 12, 2020 @06:00PM (#22030282)
In corporate finance it wouldn't. They would look at your cash flow and ability to service the debt. Personal finance is weirdly moralistic and backward looking.
Re:Judge rules that student loan debt is dischargeable in ba... by toasterlovin on Sunday January 12, 2020 @07:04PM (#22030699)
Corporations have assets and generally behave rationally and non-emotionally if you take them to court.
Re:Judge rules that student loan debt is dischargeable in ba... by heavyset_go on Sunday January 12, 2020 @05:54PM (#22030228)
> why would any of those people care if you have declared bankruptcy?

Landlords aren't in the business of providing housing for free, and seek restitution for damages and unpaid rent through the courts. A low credit score or bankruptcy shows that a potential tenant could incur significant damages and unpaid rent, and leave the landlord high-and-dry when the bill comes due.

In today's owner's market, there are plenty of other potential tenants without a poor credit history or bankruptcies.

Re:Judge rules that student loan debt is dischargeable in ba... by zulln on Sunday January 12, 2020 @06:32PM (#22030515)
Did you read the comment? The presumption of that statement was a bad credit to start with.

Aka. bankruptcy vs bad credit, not compared to a good credit score.

Re:Judge rules that student loan debt is dischargeable in ba... by ouid on Sunday January 12, 2020 @10:34PM (#22031611)
Tens of thousands of dollars in unpaid student loan debt is bad credit. Your credit score goes down the more money you owe. It is first and foremost a measure of how much you currently owe. This largely determines whether you will be able to take on another debt.
Re:Judge rules that student loan debt is dischargeable in ba... by paul_f on Sunday January 12, 2020 @05:42PM (#22030129)
Brilliant strategy - graduate college, file bankruptcy, get rid of the student loan debt. Most college graduates rent for the first few years and with the utility of VISA debit cards, no need for a credit card. Live in a city, use public transport ad Uber, no need for a car loan. In 7 years, you can buy a house.
Re:Judge rules that student loan debt is dischargeable in ba... by Mountain_Skies on Sunday January 12, 2020 @05:58PM (#22030268)
You can get an FHA loan two years after bankruptcy. Twelve months in limited cases. An FHA loan has less desirable terms than a conventional loan but not so much so that it would dissuade anyone from getting $100k in student loans dismissed.
Re:Judge rules that student loan debt is dischargeable in ba... by heavyset_go on Sunday January 12, 2020 @05:56PM (#22030250)
> Most college graduates rent for the first few years

Many landlords are loath to rent to recent graduates, those with poor credit and a history of bankruptcy. It's an owner's market, and someone who checks all three risky boxes will be skipped over for another tenant who comes with less risk.

Re:Judge rules that student loan debt is dischargeable in ba... by dodobirdlord on Sunday January 12, 2020 @06:05PM (#22030326)
If it was a common practice for college graduates to declare bankruptcy in this manner then landlords would take that into consideration. But of course, if it were a common practice it would also promptly be banned and we would be back in the same place we are now.
Re:Judge rules that student loan debt is dischargeable in ba... by colejohnson66 on Sunday January 12, 2020 @09:23PM (#22031344)
It is banned already. It just has another name: fraud. Taking out a loan with the intent to not pay it is fraud.
Re:Judge rules that student loan debt is dischargeable in ba... by thatfrenchguy on Sunday January 12, 2020 @07:56PM (#22030976)
It’s not like people will rent to you if you just had a bankruptcy.
Re:Judge rules that student loan debt is dischargeable in ba... by redis_mlc on Sunday January 12, 2020 @06:26PM (#22030476)
The opposite has been true since at least 2008.

Credit card issuers actually target recent bk's since they have no debt. :)

They're also ignoring medical debt, since otherwise a large percent of their applicants would be rejected.

Re:Judge rules that student loan debt is dischargeable in ba... by bigjimmyk3 on Sunday January 12, 2020 @11:17PM (#22031771)
Also, since there is a waiting period between bankruptcy filings, the potential creditor knows that they have a specific window during which the debtor can't legally dodge the debt.
Re:Judge rules that student loan debt is dischargeable in ba... by Nasrudith on Sunday January 12, 2020 @06:48PM (#22030608)
Ironically the issue is that banks tend to be too forgiving for that to be the deterrent it used to be. I suppose medical bankruptcy also shares some of the "blame" from a number of no fault of their own bankruptcies.

Of course the other two issues are that such a "retributive" system of treating debtors with a scarlet letter isn't productive even if it appeals to a sense of "fairness" to those who pay. Second, the reason banks don't care about old bankruptcies isn't anything high minded but because they like money and can make it if they don't pass them up.

Re:Judge rules that student loan debt is dischargeable in ba... by toasterlovin on Sunday January 12, 2020 @05:39PM (#22030107)
Seems like a good trade off if you can discharge $100k or more of debt. That is a life changing amount of money for most people.
Re:Judge rules that student loan debt is dischargeable in ba... by james_s_tayler on Sunday January 12, 2020 @07:10PM (#22030732)
I see a number of replies in the comments saying you could just take out the loan, get the degree, declare bankruptcy, get a job and 7 years later buy a house and be all good.

I wonder if this is just a very American thing because the loans are so ridiculously big? In NZ student loans can be forgiven through bankruptcy. See http://www.studentloan.org.nz/options.html

But the loan is only around like $30k anyway and I basically never hear of anyone purposely declaring bankruptcy to get out of it. The whole thing is pretty much a non-issue. People take them out, people pay them back. Some people used to go overseas in order to avoid paying it back but they changed the law, so that you can't do that anymore.

Re:Judge rules that student loan debt is dischargeable in ba... by kube-system on Sunday January 12, 2020 @09:11PM (#22031285)
The average loan in the US is about the same: $29,800.

The range is quite wide though. Someone attending a state university or community college with grants and/or scholarships might have zero debt, and someone attending a private school through post-grad with no financial aid might incur $250,000 in debt.

Re:Judge rules that student loan debt is dischargeable in ba... by toasterlovin on Sunday January 12, 2020 @07:36PM (#22030883)
Yeah, generally when people talk about student loan debt being an issue in the US, they’re not talking about people with $30k loans. That would be comparable to a loan on a new automobile and would be affordable to most Americans. Generally, the problem is that many people are ending up with loans in the $100k+ range and often for degrees which don’t confer any kind of special earning power.
Re:Judge rules that student loan debt is dischargeable in ba... by cpitman on Sunday January 12, 2020 @09:17PM (#22031306)
Most students have nowhere near this much debt. The average undergraduate is accruing $15k in debt per year (https://research.collegeboard.org/trends/student-aid/highlig...) That means roughly ~$60k over four years.

Ending up with $100k+ loans is more common when people go onto professional schools (masters, law, medicine, etc), fields that should have higher earning power. Not everyone finishes, and for law not everyone that finishes gets a high paying job.

Over half of all student loan debt is held by those with advanced degrees (https://wcer.wisc.edu/docs/working-papers/Working_Paper_No_2...). Add in that only 13% of Americans 25+ have advanced degrees, compared to 35% with at least bachelors degrees.

Student loan debt is disproportionally a problem with advanced degrees, but it all gets lumped together when we talk about student loans.

Re:Judge rules that student loan debt is dischargeable in ba... by saagarjha on Monday January 13, 2020 @03:34AM (#22032801)
15k is aid, not debt. The average undergraduate is borrowing $29,000.
Re:Judge rules that student loan debt is dischargeable in ba... by pkaye on Sunday January 12, 2020 @07:19PM (#22030787)
What is the cost of a typical New Zealand 4 year college education including tuition/fees, books, room and board?
Re:Judge rules that student loan debt is dischargeable in ba... by teruakohatu on Sunday January 12, 2020 @07:50PM (#22030947)
Here in NZ Bachelor's degrees are usually three years. The first year is not supposed to be exploratory, you should more or less know your major before you start.

A Bachelor of Science might cost $20,000 NZD ($13,000 USD), extra fees are pretty low, textbooks are not cheap but professors usually try to avoid you having to buy them. In your first year you might get away without having to buy a textbook (in the maths departments at least). A Bachelor of Arts would could a few thousand less.

Fully catered accommodation is expensive. Higher end would be $14,000 NZD ($9,200) for a year. Not many students continue in halls of residence past the first year. Staying in a shared flat would cost a LOT less.

A lot of students also live with parents and commute.

The Student Loan is interest free and covers course costs as well as a portion of living costs. Domestic students also can get a Student Allowance of about $220 NZD/week (or more depending on circumstances). The allowance is welfare, not a loan.

Walking away with a degree and $30,000 - $40,000 NZD ($20,000 USD - $26,000 USD) interest free debt is reasonable. Some people will be more, others will be less because they worked part time while studying.

Repayments are taken out of your paycheck (12% of income over $19,670 NZD, so probably 8-11% of total grad compensation per year). There is no incentive to repay it faster due to the lack of interest. Most students I think would have it paid back in 11 years or less. If you learn less than $19,670, you don't have to make any payments.

The catch is you pay 4% interest if you go work overseas. Salaries are higher overseas so you will still win.

There is little to no incentive to declare bankruptcy. I have never even heard of it discussed.

Re:Judge rules that student loan debt is dischargeable in ba... by pkaye on Sunday January 12, 2020 @09:08PM (#22031276)
The statistics show the average US student loan dept is around $35k/borrower. However there are some who go to out of state private colleges which can get expensive. And there are for-profit private colleges that are basically scams and rack up significant debt.

* https://www.experian.com/blogs/ask-experian/state-of-student...

Re:Judge rules that student loan debt is dischargeable in ba... by teruakohatu on Sunday January 12, 2020 @09:26PM (#22031358)
Is that the average amount borrowed or the average amount still owed? If the latter I am not sure how useful it is. It would be more useful to know how much students need to borrow today (or in 4 years time).

In NZ the median student debt at end of study is just $17,000 NZD but that includes people dropping out after one year, non-university diploma courses and students whose parents paid for most of it or students who worked while studying and paid as they went.

https://www.beehive.govt.nz/release/impact-student-loan-debt

Re:Judge rules that student loan debt is dischargeable in ba... by pkaye on Sunday January 12, 2020 @11:32PM (#22031850)
I didn't do a lot of research so may have misread... according to this report, the average graduating debt for a 4 year degree is $29k. (see figure 1)

https://ticas.org/wp-content/uploads/2019/09/classof2018.pdf

Re:Judge rules that student loan debt is dischargeable in ba... by james_s_tayler on Sunday January 12, 2020 @11:21PM (#22031786)
Agree with the numbers in the other response. About $35k NZD if you include the allowance you have to pay back. Some people take that, others don't. Mostly people pay it off as they earn over a period of about 10 years.

I always have a hard time understanding these stories of American kids racking up 100s of thousands in debts. Just doesn't seem like a workable system.

Interesting to learn that the average is far lower than the sensationalism makes it out to be.

Re:Judge rules that student loan debt is dischargeable in ba... by Vadoff on Sunday January 12, 2020 @07:16PM (#22030769)
There are people with $500k+ student loan debts in the US.
Re:Judge rules that student loan debt is dischargeable in ba... by lallysingh on Sunday January 12, 2020 @09:28PM (#22031366)
I'm not sure that's terribly useful without the story of how they got that much debt.
Re:Judge rules that student loan debt is dischargeable in ba... by bradleyjg on Sunday January 12, 2020 @07:07PM (#22030718)
> I think the original intent was to incentivize more lending, and thus more access to higher education, by giving lenders more protection.

I think that's correct, however meanwhile the system dramatically changed and now the vast majority of student loans are made by the government without any underwriting.

The largest private sector role is poaching the best risks to refinance. Allowing these refinanced loans to continue to be non-discharable has the net effect of enabling the private sector to more effectively engage in adverse selection against the government-as-lender! It's hard to imagine anyone would actually sit down and design this policy set.

Re:Judge rules that student loan debt is dischargeable in ba... by FireBeyond on Sunday January 12, 2020 @05:34PM (#22030078)
And yet you can declare bankruptcy over most other forms of unsecured debt. Student loans aren't unique in that regard.