The consumer finance "reform" act of 2005 made it very difficult to discharge student debt in bankruptcy. It's time to undo that reform. It had a disastrous un

The consumer finance "reform" act of 2005 made it very difficult to discharge student debt in bankruptcy. It's time to undo that reform. It had a disastrous unintended consequence, by completely shifting the risk of an uncollectable loan away from the lender and onto the borrower. How so? When a lender carries risk, they underwrite those loans. That means they study them before making them. They pay attention to all kinds of things, including the borrower's ability to pay and the value of the thing being bought with the borrowed money. Underwriters are (usually) knowledgeable about the field they work in. They understand the value of both vocational and liberal education. Some of them even understand the value of giving under-served people a chance. So, when a school gets calls from underwriters saying "we're having a hard time justifying loans of US$100K to your students taking bachelor's degrees" the school takes notice. They restrain growth in tuition and fees. Maybe they even offer discounts, also known as "scholarships." Those calls, coming from skilled underwriters, are far more effective than student demonstrations against tuition increases. The 2005 reform made it possible for the lenders to be much lazier. Their underwriting is much more sloppy. The reform freed up a lot of tuition money that the educational institutions were happy to soak up. And their students are stuck with the bill for a lifetime. I'm aware of the libertarian view which emphasizes individual responsibility, and I have a lot of sympathy for it. I have a young friend who looked at the cost of her first-choice college (Syracuse, it was) a few years back, and wrote them a letter saying "sorry, you're too expensive. I regret that I must decline your offer of admission." That too puts downward pressure on educational costs. But she's rare: she has great presence of mind and forward-thinking parents. Plus, she listened to me. -:) Most high-school seniors get caught up in the mostly fake competitive admissions system. They aren't in a position to behave like hard-nosed underwriters. So, let's put some of the loan risk back on the lenders, and bring back the underwriters. This situation is analogous to the mortgage crisis, which shifted the risk of bad loans away from the mortgage originators. In that case the risk got shifted onto anonymous buyers of securitized mortgages, and onto AIG. In the case of educational loans the risk gets shifted onto the poor schlemiel who wants to be a schoolteacher.