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