The House of Representatives took care of many issues for low-income students when it approved its recent Higher Education Act renewal bill. But one topic left by the wayside is championed by a Congressional Black Caucus member — more help for low-income borrowers unable to pay for costly, high-interest private education loans.
Rep. Danny Davis, D-Ill., says students need more protection from such private loans, which some critics have labeled the new “Wild West” of student lending. In particular, he says borrowers should be able to write off such debt during the bankruptcy process, a right that existed up until 2005. That year, with an exploding private loan market, Congress agreed with banks to rethink that option. As a result, those who declare bankruptcy cannot escape the crush of private student loans that often carry double-digit interest rates.
“Unlike federal student loans, private loans lack basic consumer protections,” Davis says. Yet bankruptcy law treats them “in the same severe manner as people trying to escape child support payments, alimony, overdue taxes and criminal fines. People should not be punished for trying to get an education.” While bankruptcies may be rare, borrowers with heavy debts currently can wriggle free from all other types of consumer borrowing except private student loans. That happens even though the student loan’s goal is to help individuals improve their academic and career prospects.
Rep. George Miller, D-Calif., chair of the House Education and Labor Committee, notes that some private loans charge students interest rates of up to 20 percent. “We ought to understand what that means to the future of these students,” he says.
But Davis’ amendment to change the bankruptcy policy failed by a vote of 236 to 179, with some Democrats joining most Republicans to vote down the idea.
Critics of Davis’ plan say it would send another jolt to an already unsteady lending market. It “will add uncertainty and additional risk to student lending,” says Rep. Howard “Buck” McKeon, R-Calif. “This will further restrict students’ access to loans at a time when they’re already finding it harder to obtain loans due to the current instability of the credit market.”
