Question: I graduated in 1989 with a ed degree. I make 25k a year now Im 40 now.I owed 15k at graduation, had some low paying jobs for about 5 yrs and couldnt make the $350 mo payments on studnt loan a GSL I sent $50 month ,that of course wasnt acceptable and the agency threatened to default.No way I could pay more.They defaulted and put loan in collections. Collection agency pushed ballance up to nearly 20k from about $13k. They wouldnt work with me either. It has came to the point where my student loan is my lowest priority bill.They did garnish my wages a few years back but i switched jobs and that stopped,I insure that i dont get a tax refund so they cant garnish that.With a mortgage 0f $600 a month and medical and car bills I dont have the $300 a month tht they want. With no light at the end of the tunnell it makes one not want to pay.Aside from student loans my credit is good.My mortgage lender even told me that they dont take student loan debt seriously and I bought a house 3 yrs ago. Student loan people like to default because they can get paid for life. They will probably garnish all of my social security checks when im 62 Consollidation is a joke as are collection agents.Congess pased law in 98 so we cant bankrupt on student loans .Seems like student loans should be able to settle for cents on the dollor like irs does. I cant be alone in this thre are many student like me who owe even more and will never pay ornever have a retirement because they pay student loans for life. I dont object to paying my principle but the collection agencies and the outragous interest is too much.They treat people like criminals when you cant pay. Sorry if I was on a rant here.Im sure there are millions like me who go to college and dont earn a big wage

Answer: Does the court construe the fresh start as a curative tool that can bring the debtor into a productive position within society or, rather, as a free ride at taxpayer expense? Is the purpose of Congress to preserve the student loan funds no matter what or, instead, to facilitate national growth, material and otherwise, by all reasonable means, including schooling (to the extent that it does increase productivity rather than merely wasting time and money)? Is institutional malfeasance necessarily peripheral to the student loan default crisis and to any resulting bankruptcies?

The majority of courts have taken a highly political and class- conscious position on such questions, defending institutions without regard to their unclean hands, frequently to the point of illogic. The student loan exception to discharge, as applied by many courts, indicates that the student debtor is comparable to the defrauder, the deadbeat dad, and the drunk driver — with virtually no accommodation for the statute’s mitigating factor of undue hardship. Students who might formerly have been treated as the promise of the future are now, implicitly, a threat to the nation. If, in such a climate, any student debtors have acquired an us-versus-them attitude lacking in civic responsibility, it seems certain that they face some similarly minded role models on the other side of the table. This is a shameful result for a program as well-intentioned and valuable as the student loan program.

The hard-line approach to student loan discharge prompts thoughts of Russian Roulette. In that “game,” one has a five-in-six chance of surviving. These are excellent odds. Yet the penalties for bad luck are so severe as to discourage all but the most unreasonably confident or fatally indifferent participants. By the same principle, under the present construction of

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