Earlier this month, Durbin, Reed and Warren joined U.S. Senator Barbara Boxer (D-CA) in introducing the Education loan Debtor Costs regarding Legal rights Work to ensure struggling student loan borrowers are treated fairly and understand the full range of repayment options and resources available to them. The legislation provides six basic rights for all federal and private student loan borrowers:
- The authority to has actually options for example alternative commission plans to end default.
- The right to be informed on key terms and you may requirements regarding the loan and you may one payment options to verify modifying agreements would not be more expensive.
- The ability to discover their loan’s servicer and you can which to reach out to if you have a challenge.
- The legal right to feel with regards to exactly how monthly obligations are used. Lenders and servicers should award offers and you will guarantees which might be advertised or provided.
- The right to fairness, such as grace attacks whenever money try transmitted or debt cancellation when the latest debtor becomes deceased otherwise gets handicapped.
- The ability to liability, together with prompt solution out of errors and you may degree away from personal funds.
Fixing Case of bankruptcy Rescue of the Dealing with Education loan Financial obligation Like many Private Debt
Durbin, Reed and Warren also discussed the need to pass the Equity getting Having difficulties Pupils Work off 2013 which would restore fairness in student lending by treating privately issued student loans in bankruptcy the same as other types of private debt. Since 1978, government issued or guaranteed student loans have been treated as nondischargeable during bankruptcy in order to safeguard federal investments in higher education. In 2005, the law was unjustifiably changed to give private student loans the same privileged bankruptcy treatment as government loans, even though private student loans have vastly different terms and fewer consumer protections. Lees verder