Student Debit

NACBA President Weighs-In on AP Article “Senior Americans Burdened with Student Debt”

SENIOR AMERICANS BURDENED WITH STUDENT DEBT

Rosemary Anderson of Watsonville, Calif., testifies on Capitol Hill in Washington, Wednesday, Sept. 10, 2014, before the Senate Aging Committee hearing to examine Older Americans and student loan debt. Anderson could be 81 by the time she pays off her student loans. After struggling with divorce, health problems and an underwater home mortgage, the 57-year-old anticipates there could come a day when her Social Security benefits will be docked to make the payments. Like Anderson, a growing percentage of aging Americans struggle to pay back their student debt. Tens of thousands of them even see their Social Security benefits garnished when they cannot do so. (AP Photo/Lauren Victoria Burke)

WASHINGTON (AP) — Rosemary Anderson could be 81 by the time she pays off her student loans. After struggling with divorce, health problems and an underwater home mortgage, the 57-year-old anticipates there could come a day when her Social Security benefits will be docked to make the payments.

Like Anderson, a growing percentage of aging Americans struggle to pay back their student debt. Tens of thousands of them even see their Social Security benefits garnished when they cannot do so.

Among Americans ages 65 to 74, 4 percent in 2010 carried federal student loan debt, up from 1 percent six years earlier, according to a Government Accountability Office report released Wednesday at a Senate Aging Committee hearing. For all seniors, the collective amount of student loan debt grew from about $2.8 billion in 2005 to about $18.2 billion last year.

Student debt for all ages totals $1 trillion.

“Some may think of student loan debt as just a young person’s problem,” said Sen. Bill Nelson, D-Fla., chairman of the committee. “Well, as it turns out, that’s increasingly not the case.”

Anderson, of Watsonville, California, amassed $64,000 in student loans, beginning in her 30s, as she worked toward her undergraduate and graduate degrees. She said she has worked multiple jobs — she’s now at the University of California, Santa Cruz — to pay off credit card debt and has renegotiated terms of her home mortgage, but hasn’t been able to make a student loan payment in eight years. The amount she now owes has ballooned to $126,000.

“I find it very ironic that I incurred this debt as a way to improve my life, and yet I still sit here today because the debt has become my undoing,” Anderson testified.

Despite not making payments, she’s managed to keep the education debt in good standing by getting permission to defer the payments even as the amount she owes has grown, she said.

Ed Boltz, a bankruptcy attorney in Durham, North Carolina, who is president of the National Association of Consumer Bankruptcy Attorneys, said in an interview that many of the seniors he sees with student loan debt are also struggling with challenges such a medical problems, job loss or divorce. Some, he said, went back to school with hopes of making a higher salary and that didn’t pan out, or the children they helped fund to attend school are not in a position to help the parent in return.

“They are stuck with these debts and they can’t try again,” Boltz said. “There’s no second act for them.”

The GAO found that about 80 percent of the student loan debt by seniors was for their own education while the rest was taken out for their children or other dependents. It said federal data showed that seniors were more likely to default on loans for themselves compared with those they took out for their children.

It’s unclear when the loans originated, although the GAO noted that the time period to pay back such debt can range from a decade to 25 years. That means some older Americans could have taken out the loans when they were younger and they’ve accumulated with interest, or got them later in life — such as workers who enrolled in college after a layoff in the midst of the economic downturn.

The GAO found that about a quarter of loans held by seniors ages 65 to 74 were in default. The number of older Americans who had their Social Security benefits offset to pay student loan debt increased about fivefold, from 31,000 to 155,000, from 2002 to 2013.

“As the baby boomers continue to move into retirement, the number of older Americans with defaulted loans will only continue to increase,” the GAO said. “This creates the potential for an unpleasant surprise for some, as their benefits are offset and they face the possibility of a less secure retirement.”

Typically, student loans can’t be discharged in bankruptcy. In addition to docking Social Security, the government can use a variety of tools to recoup student loans, such as docking wages or taking tax refund dollars.

Sandy Baum, a senior fellow at the Urban Institute, said these seniors having their Social Security docked likely don’t have much discretionary income and Congress should consider taking away this option. There’s a limit to how much Social Security can be docked, but some seniors are left with benefits below the poverty level, the GAO said.

“It’s not an issue that affects large numbers of people,” Baum said. “It’s a very big issue for people who are affected by it.”

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NACBA Member Profile: Joshua Cohen

Based on random sampling of NACBA’s membership, the Member Profile strives to answer the question: Who are Consumer Bankruptcy Attorneys? It looks at a variety of economic and demographic characteristics, as well as, business practices and “war stories.” NACBA is and always will be your “Your Practice Partner!”

Allow us to introduce, our “Practice Partner,” Attorney Joshua Cohen of Vermont,  NACBA Member since January 2012.

Joshua Cohen is a solo practitioner whose practice is based in West Dover, Vermont. A graduate of Quinnipiac University School of Law, Josh spent two years as a law clerk at the Consumer Law cohenGroup, a private law firm dedicated to consumer issues. There Josh worked on FDCPA and FCRA issues. During law school, Josh interned at Connecticut Legal Services working on the Consumer Law Project for Elders. In November 2008, Josh went solo, starting his own consumer law firm, which included working on student loan issues. Within a year, Josh had a unique focus on student loan law and within 18 months nearly 90% of his cases involved student loans. Josh has given numerous trainings on student loan law, including CLE and webinar courses for NACBA, NACA, NCLC, and bar associations in Connecticut and Oklahoma as well as legal aid in New Jersey and Vermont. Demand for student loan law is so high that Josh now runs a Workshop to teach consumer attorneys how to help clients with student loan issues. Josh has filed numerous cases, both individual and class actions, against the student loan industry, including companies like Sallie Mae, Citibank, General Revenue Corporation, Van Ru, Enterprise Recovery Systems, Immediate Credit Recovery and GC Services. Josh holds a BA in Psychology from Brandeis University and an MBA from the University of Phoenix. He is a member of the Connecticut and Vermont State Bars, as well as, the Federal Districts of Connecticut and Vermont.

Most challenging case:

My most challenging case was early on in my legal career, having been retained just 3 months after being admitted to the bar. It was a student loan issue. My client was denied a forbearance when she should not have been which led to her loan defaulting and a huge domino effect. It took three years, but resolution was finally reached. It was a claim based on State law. The challenge was dealing with the preemption argument brought by the Defendant – did the Higher Education Act preempt my client’s State law claim. In the end, no it did not. That one decision has paved the way for me and other attorneys working on student loan issues.

Best advice you received from the national listserv:

No such thing. It’s all so helpful, and sometimes daunting to see the amount of information that can be gained on any particular subject.

The NACBA benefit you couldn’t live without:

The listserv. A constant resource for anything and everything that could be needed regarding bankruptcy.

How many years have you been practicing?

I’ve been in practice for six (6) years.

Who is your mentor – who do you look up to professionally?

A variety of folks. I find different mentors for different things. Some know 7’s well, others know 13’s better. Some have great marketing ideas.

What is your favorite part of being a consumer bankruptcy attorney?

Funny question for me. I am just starting to do bankruptcy work, mostly to bring student loan discharge cases. Someone has to do it, why not me?

Name an area of the law that you’d like to learn more about:

Bankruptcy in general. I think it is near impossible to know it all. But the listserve makes it unnecessary as there is always a few experts in different areas that can help.

For further information on solving student loan issues, you can contact Joshua Cohen via his website http://thestudentloanlawyer.com/ or Twitter http://twitter.com/studentloanlaw

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Student Loan Debt Lasts a Lifetime

NACBA Response by President Ed Boltz to U.S. News Article “Debunking the Student Loan Bankruptcy Myth”

US News Op-Ed Posted HERE.

To the Editor:

More proof that if it sounds too good to be true, it usually is: Contrary to what you may read, there are not “a lot” of instances in which students who are savvy enough to ask to discharge their student loan debts are allowed to do so. (“Debunking the Student Loan Bankruptcy Myth,” August 13, 2014)

In reality, the United States is crippled with what has been termed a “student loan debt bomb.” Americans have accumulated more than $1.2 trillion in student loan debt, exceeding even the level of credit card debt in our nation. Because federal law treats student debt as non-dischargeable in bankruptcy proceedings, borrowers can be burdened with this debt for a lifetime even if they are unable to repay.

Federal law does provide that bankruptcy discharge is available for student loans in cases of “undue hardship.” But there’s a big gap between what is theoretically possible and what happens in the real world. The path to an undue hardship discharge is often blocked by U.S. Department of Education contractors, which aggressively challenge debtors’ efforts to show undue hardship. Too often, what we see in bankruptcy courts is federal education contractors using their legal muscle and ability to drag things out in order to crush hardship cases.

The U.S. Department of Education needs to take charge of the situation and make it clear that the over-the-top hardball tactics of its contractors are out of line. Students, parents, educators, lawmakers and other concerned citizens should encourage Congress to restore meaningful and workable bankruptcy protections for student loans, so that those in real need are able to get a fresh start, rather than being devastated for life by insurmountable student loan debt.

Edward Boltz
President, National Association of Consumer Bankruptcy Attorneys
Raleigh, North Carolina

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