Category Archives: Student Loans

Hunt paper: The Failed Legal Case Against Student Debt Jubilee

John P. Hunt of UC-Davis has written The Failed Legal Case Against Student Debt Jubilee. Here is the abstract: This paper reviews and rebuts the arguments presented to date that the Executive lacks authority to engage in mass student loan cancellation. Legality skeptics have presented no compelling argument that the relevant statutory text, which authorizes the […]

CFP: Beyond Fresh Start: Fixing the Broken Student Loan Default and Collection System

We received the following Call for Papers: On April 6, 2022, in addition to announcing an extension of the federal student loan payment pause, the White House announced that the U.S. Department of Education is taking steps to  give a fresh start to millions of struggling borrowers who are currently in default on their federal […]

Student essay asks if anyone would have standing to sue in federal court to challenge student loan cancellation

by Jeff Sovern Jack Hoover, a 3L at Virginia, has written Standing and Student Loan Cancellation, 108 Va. L. Rev. Online (Forthcoming 2022). Here's the abstract: As the public policy debate over broad student loan cancellation continues, many have questioned whether the Executive branch has the legal authority to waive the federal government’s claim to […]

NY Times: Navient settlement with the states does not help borrowers who are not in default

Here. Excerpt: After years of struggling to make payments that hardly put a dent in the loans she took out to attend a now defunct arts school, Victoria Linssen saw a glimmer of hope. A deal last month between 39 states and Navient, a student lending giant accused of unfairly ensnaring borrowers like her, would […]

Consumer Law Scholars Make Wide-Ranging Proposals to CFPB

The effort was led by Berkeley's Center for Consumer Law and Economic Justice and resulted in production of a series of short memoranda available here. Topics covered include discrimination, arbitration, income share agreements, BNPL, substitution effects of regulation, disclosures, overdraft protections, and more.

SBPC’s Mark Huelsman report: the student loan IDR system creates a debt trap

Mark Huelsman of the Student Borrower Protection Center has written Driving Runaway Debt: How IDR’s Current Design Buries Borrowers Under Billions of Dollars in Unaffordable Interest. Here's the abstract: This report highlights how the design of the main protection meant to deliver affordability to federal student loan borrowers, Income-Driven Repayment (IDR), ignores the widespread effects that […]