A private contractor to student debt-holders has a special legal department that goes to bankruptcy court to argue that student loans shouldn't be discharged in bankruptcy, ever. The Educational Credit Management Corporation contracts to the Department of Education, on whose behalf it argues (for example) that debtors who go bankrupt fighting pancreatic cancer should still have to pay back their student loans in full, because "Survival rates for younger patients tend to be higher."
Student debt is the most pernicious kind of debt. It's debt that you take on when you're a teenager, and it's the only debt that can be taken out of your Social Security check. But as bad as the student debt racket is (and it's bad — no, I mean really bad), I hadn't quite clocked how depraved its bagmen and enforcers could be.
They've been censured by courts for their strongarm tactics, bills have been introduced to make them behave, but they seem unstoppable. Why not? The precarious job-market has convinced Americans to go into $1 trillion worth of student debt, and when that collapses, it'll make subprime look like small change. So, realistically, who's ever going to stop thug bill-collectors from torturing people with terrible illness, or caring for severely disabled loved ones, or facing other unimaginable hardship, in order to bleed whatever they can for the debt-holders who're depending on that trillion bucks being repaid?
A panel of bankruptcy appeal judges in 2012 denounced what it called Educational Credit's "waste of judicial resources," and said that the agency's collection activities "constituted an abuse of the bankruptcy process and defiance of the court's authority."
Representative Steve Cohen, a Tennessee Democrat who has introduced a bill to limit predatory tactics, said, "The government should hold its agents to the highest standards, and I don't know that we've been doing that."
He added that the government has a special responsibility to use "a standard that's reasonable."
The case that caused the bankruptcy judges to accuse the agency of abuse concerned Barbara Hann, who took a particularly drawn-out beating from Educational Credit. In 2004, when Ms. Hann filed for bankruptcy, Educational Credit claimed that she owed over $50,000 in outstanding debt. In a hearing that Educational Credit did not attend, Ms. Hann provided ample evidence that she had, in fact, already repaid her student loans in full.
But when her bankruptcy case ended in 2010, Educational Credit began hounding Ms. Hann anew, and, on behalf of the government, garnished her Social Security — all to repay a loan that she had long since paid off.
Loan Monitor Is Accused of Ruthless Tactics on Student Debt [Natalie Kitroeff/NYT]