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> At the time the HEROES Act was passed, forgiveness was separately considered by the Education Act. (For example, "bankrupt borrowers may have their loans forg
by monocasa 3y ago
> At the time the HEROES Act was passed, forgiveness was separately considered by the Education Act. (For example, "bankrupt borrowers may have their loans forgiven.")
That separate bill adds other authorities but doesn't restrict the ability to waive or modify during a national emergency. The heroes act of 2003 makes no reference to bankruptcy. https://www.congress.gov/108/plaws/publ76/PLAW-108publ76.pdf https://www.congress.gov/108/plaws/publ76/PLAW-108publ76.pdf
> There is the added complication that it's not a straightforward waiver of statute, but, due to the income qualification, a writing of provisions anew.
Waive and modify.
> Based on my reading, saying student loans will be automatically forgiven in bankruptcy as well as increasing the number of professions considered "public servants" seems the savvier way to go.
What test did you use to come to that being the limit of the powers here (or near)?
- JumpCrisscross 3y ago> What test did you use to come to that being the limit of the powers here (or near)? Not limit. That’s safely within the scope the opinion finds.