Today’s post is from Alan Michael Collinge, author of The Student Loan Scam: The Most Oppressive Debt in U.S. History—and How We Can Fight Back and founder of StudentLoanJustice.Org, a grassroots organization, and political action committee.
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Student loan companies will soon be lined up at the Federal Treasury, seeking loans against bundles of high interest, private loans that they made to students, often with their parents as co-signors. Meanwhile, hundreds of thousands of students and their families see their livelihoods wracked by student loans in ways worse, even, than defaulting home mortgage borrowers. As we progress through this economic downturn, there is a strong potential for increased predatory activities by the student lending industry, and borrowers need to be prepared to take extra steps to protect themselves.
A bit of history: federally guaranteed student loans have been largely impossible to discharge in bankruptcy for the past decade. The federal guarantee on these loans was used as the reason for removing this basic protection. It was a very weak argument—no other loans, federally guaranteed or not, have special exemptions from bankruptcy protections. In practice, this unique lack of bankruptcy protection has given the green light to lenders to attach penalties and fees onto debt without fear of the borrower. The largest lender in the country, Sallie Mae, saw its fee income increase by 228% between 2000-2005 (its loan portfolio grew by only 87% during this time), and their CEO bragged to shareholders in their 2003 annual report that their record earnings that year were attributable to collections on defaulted loans. So, no bankruptcy protection for the borrower means free money for the lenders, and lots of it!
Removing bankruptcy and other protections from federal loans wasn’t enough for the student loan industry, however: in 2005, student loan giants Sallie Mae, Citibank, and others lobbied Congress successfully to remove bankruptcy protections, as part of the 2005 Bankruptcy Bill, for private student loans as well. No one seems to be able to find out who inserted this language into the bill—no Congressman can be found who is willing to claim credit. Nonetheless, it happened. That the student loan companies were able to get this passed was shocking to unbiased experts and analysts of this industry.