Urges Congress to pass H.R.770 allowing for discharge of student loan debt in bankruptcy.
Impact
If enacted, this resolution would affect existing bankruptcy laws regarding student loans. Currently, student loan debt is only dischargeable through bankruptcy in limited circumstances, requiring borrowers to demonstrate 'undue hardship.' H.R.770 aims to remove this limitation, aligning student loan debt dischargeability with that of other consumer debts, which would provide more individuals with the opportunity to seek relief through bankruptcy. This change could ease the financial burden on millions of Americans and enhance their economic mobility.
Summary
Assembly Resolution No. 89, introduced in New Jersey, urges Congress to pass H.R.770, a bill allowing for the discharge of student loan debt in bankruptcy. The resolution highlights the ongoing student loan crisis in the U.S., with approximately 45 million Americans collectively owing nearly $1.5 trillion. The increasing reliance on student loans, as government investment in higher education declines, has led a significant percentage of graduates to start their careers burdened by debt, impacting their financial stability and future goals.
Contention
There may be various perspectives on the potential passage of H.R.770. Supporters argue that allowing student loan debt to be discharged like other debts would recognize the crushing financial pressure exerted by these obligations. They contend that it would restore the possibility for affected individuals to rebuild their financial lives. Meanwhile, critics may raise concerns about the implications for federal student loan programs and the potential risk to taxpayers, as it could encourage borrowers to take on larger loans with less accountability.
Private Student Loan Bankruptcy Fairness Act of 2023 This bill modifies the treatment of certain student loans in bankruptcy. Specifically, it allows private student loans to be discharged in bankruptcy regardless of whether a debtor demonstrates undue hardship. Under current law, student loans may be discharged in bankruptcy only if the loans impose an undue hardship on the debtor.
Public employees and officers: compensation and benefits; cross-reference to publicly funded health insurance contribution act; eliminate. Amends sec. 4p of 1909 PA 279 (MCL 117.4p). TIE BAR WITH: HB 6136'24
Stopping Abusive Student Loan Collection Practices in Bankruptcy Act of 2023 This bill requires a bankruptcy court to grant a debtor attorney's fees and the costs of the proceeding if (1) the debtor's student loan debt is discharged on the basis of undue hardship, and (2) the court finds that the creditor's position was not substantially justified.