By Vicki Needham - 05/16/14 06:04 PM EDT
Seven lawmakers urged a top Obama administration official to provide clearer rules for wiping out student loan debt when it may cause financial hardship to borrowers in bankruptcy.
The group of Democratic lawmakers on Friday urged Education Secretary Arne DuncanArne DuncanProposed Department of Education rule runs counter to ESSA's restrictions In search of the surest Common Core exit route The opt-out movement and the coddling epidemic MORE to establish specific standards for determining whether repayment of a student loan is an “undue hardship” and eligible for forgiveness.
They argued that the guidance would help the most vulnerable loan holders by bringing consistency to the department’s handling of undue hardship claims.
In turn, that would allow the Education Department to better focus its loan collection efforts on cases where there is a more realistic opportunity for recovery, they said.
Federal law allows some borrowers to have their loans forgiven even though courts have established a high standard of proof for eligibility.
“While we recognize the department’s prerogative to fairly collect on student loan debts owed to it, we do not find it sensible or cost-effective for the department or its contractors to engage in lengthy legal challenges and appeals against bankrupt student loan borrowers who have demonstrated a clear and legitimate inability to repay their loans,” they wrote.
Some of the lawmakers — Sens. Dick DurbinDick DurbinSenate Dems: Add Flint aid to spending deal Spending bill doesn't include Cruz internet fight Overnight Tech: GOP says internet fight isn't over | EU chief defends Apple tax ruling | Feds roll out self-driving car guidelines | Netflix's China worries MORE (D-Ill.), Jack ReedJack ReedOvernight Finance: McConnell offers 'clean' funding bill | Dems pan proposal | Flint aid, internet measure not included | More heat for Wells Fargo | New concerns on investor visas Senate Dems call for investigation into Wells Fargo's wage practices Week ahead: Negotiators near deal on defense bill MORE (D-R.I.) and Elizabeth WarrenElizabeth WarrenLabor Department launches Wells Fargo review Dems slam Yahoo CEO over delay in acknowledging hack Juan Williams: Verdict on big debate will be instantaneous MORE (D-Mass.) and Reps. John Conyers (D-Mich.), Elijah Cummings (D-Md.), Steve Cohen (D-Tenn.) and Hank Johnson (D-Ga.) — have introduced a bill that would restore the bankruptcy law to language in place before 2005 so that privately issued student loans will once again be dischargeable in bankruptcy like most other forms of private debt.
“Americans have accumulated $1.2 trillion in student loan debt, exceeding even the level of credit card debt in our nation," they wrote.
They specifically asked Duncan to issue guidance with respect to the collection of a federal student loan owed by a borrower who has filed for relief under Chapter 7, 12, or 13 of the federal bankruptcy code and who has requested that the bankruptcy court determine that the loan be discharged under the “undue hardship.”
“The need for action with respect to the student loan debt crisis is urgent,” they wrote.
“The suggested guidance would benefit the most vulnerable student loan debtors in our population as well as the overall economy."