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 DuncanIn search of the surest Common Core exit route The opt-out movement and the coddling epidemic Senate approves Obama education chief 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 DurbinReid backs House Puerto Rico bill McConnell pledges redo vote on Zika after break Senate Democrats want new round of Zika talks MORE (D-Ill.), Jack ReedJack ReedMcChrystal backs McCain's Pentagon reform proposal Overnight Defense: Biden hits Trump on national security | Dems raise pressure over refugees | Graham vows fight over spending caps Graham: Opponents of lifting military spending caps are 'a-holes' MORE (D-R.I.) and Elizabeth WarrenElizabeth WarrenPavlich: Lectures and lies on guns The Trail 2016: 11 hours, 800 pages, 0 changed minds Overnight Regulation: Warren demands stronger worker protections 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."