Reasons why college loans must be allowed to have Standard Consumer Protections (like bankruptcy, statutes of limitations, Truth in Lending, etc.), and other key “talking points”: ~This chart was complied by Gordon Wayne Watts of Lakeland, Fla. – UPDATED: Sunday, 23 June 2019
“Morally,” it is immoral for Congress to be 'OK' with all their rich buddies {{Credit Card users, banks, or the über-rich}} being allowed to file bankruptcy, and especially irresponsible Credit Card users (which is 'comparable' to college debt, as it, too, has no collateral), but to deny students. [source: Your conscience]
“Practically” speaking, restoration of these Standard Consumer Protections (particularly, bankruptcy, which acts as an 'Economic 2nd Amendment,' the student's main 'self-defense,' and a Conservative Free Market check against against predatory lending) would scare off lenders, and colleges would lower tuition in response to less “deep pockets” loan Dollar$. [source: Basic common sense]
“Practically” speaking, since U.S. Taxpayers guarantee these toxic Predatory Loans, and since College Debt is close to 1.4 Trillion Dollars, it is close to 10% of the total National Debt, at the present time. Therefore, scaring off lenders (#2, above) and reversing the obscene increases in Loan Limits, taken together, would prevent the U.S. Dollar from crashing. NOTE: This is a prediction on my part, and I stand by it: If we don't fix the out-of-control skyrocketing Higher Ed debt, the U.S. ***will*** crash the U.S. Dollar, and we'll be like Greece or some 3rd-world nation, whose economy collapses. If it does not happen, then I am crazy, a liar, and a false prophet. [source: This is a conditional “if-this, then-that” prediction, and Time will tell if I'm right.]
FACT: College used to be Free (or very low cost) in America, and is presently Free (or very low cost) in Germany, and other developed nations. Therefore, it is not unreasonable to ask for even more modest reforms –such as those above. [sources: “Was college once free in United States, as Bernie Sanders says?,” PolitiFact, RATED “Mostly True” - By Amy Sherman on Tuesday, February 9th, 2016 at 4:00 p.m. http://www.PolitiFact.com/florida/statements/2016/feb/09/bernie-s/was-college-once-free-united-states-and-it-oversea ; see also: "GERMANY: Hamburg to scrap tuition fees," by: Michael Gardner, UniversityWorldNews.com, 25 September 2011, Issue No:190 http://www.universityworldnews.com/article.php?story=20110923212949476 ; see also: "Republican Congressman breaks with party, admits college loans deserve bankruptcy," By Gordon Wayne Watts, The Register, http://GordonWatts.com/BraveRepublicanBreaksRanksWithGOP-HigheEd.html - http://GordonWayneWatts.com/BraveRepublicanBreaksRanksWithGOP-HigheEd.html Published: Wednesday, April 13, 2016 at 12:34 p.m., -UPDATED: Sunday, September 04, 2016 at 01:24 a.m. (EST-EDT)]
FACT: While there is much room for improvement, there is some bi-partisan support for some or all of these proposals. [source: "A Polk Perspective: Fix our bankrupt policy on student debt," By Gordon Wayne Watts, Guest columnist, The Ledger, http://www.theledger.com/article/20160804/COLUMNISTS03/160809884/1382/edit?p=all&tc=pgall August 04, 2016]
“Legally,” current U.S. Laws are illegal, that is, many experts say that current U.S. Bankruptcy Law regarding College Loans is Unconstitutional due to violation of Equal Protection. [sources: Connecticut law professor Philip Shuchman testified before Congress that removal of bankruptcy for college loans would violate Equal Protection: "Column: The student loan crisis that can't be gotten rid of," By Maureen 'Moe' Tkacik, Reuters, News | http://www.reuters.com/article/us-student-loan-crisis-idUSBRE87E13L20120815 Wednesday, August 15, 2012, 8:48pm EDT]
“Legally,” when students were not told of the lack of bankruptcy & other 'standard' consumer protections when taking out the loan (which happened because Truth in Lending requirements were removed), this violated fundamental Federal Due Process, as it is a law void for vagueness, due to the lack of proper notice. [source: Case Law on laws 'Void for Vagueness,' and U.S. Constitution DUE PROCESS rights]
“Legally,” Title 11, Section 523(a)(8) of U.S. Code (the oppressive law in question), the current U.S. Laws on bankruptcy for student loans, also violate the 'uniformity clause,' Art. I, Sec. 8, Cl. 4 of the U.S. Constitution [source: "Is the Mark Tetzlaff Case Over at the Supreme Court? Maybe Not., Posted by: Gordon Wayne Watts (Guest Post) (Debt Articles, Student Loan Bankruptcy Discharge), GetOutOfDebt.org, https://GetOutOfDebt.org/98813/mark-tetzlaff-case-supreme-court-maybe-not March 23, 2016]
“Legally,” another problem exists: The terms of my loan contract were ILLEGALLY changed after the fact, which violate the U.S. Constitution's 'Contract Clause,' Art. I, Sec. 10, Cl. 1, which is therefore Unconstitutional, BUT ALSO quite illegal, as you well know. (You just try entering into a contract with ANYBODY about ANYTHING, and try to change the terms without their permission. Just you try it... Not happening -- unless, of course, the victim is the poor, weak college student.) [source: U.S. Constitution as well as case law on Contract Law]
The author of #5, above, nearly won in court on behalf of Terri Schiavo, all by himself, so he ought to know a bit about law. [Sources: [1] In Re: GORDON WAYNE WATTS (as next friend of THERESA MARIE 'TERRI' SCHIAVO), No. SC03-2420 (Fla. Feb.23, 2005), denied 4-3 on rehearing. (Watts got 42.7% of his panel) http://www.FloridaSupremeCourt.org/clerk/dispositions/2005/2/03-2420reh.pdf [2] In Re: JEB BUSH, GOVERNOR OF FLORIDA, ET AL. v. MICHAEL SCHIAVO, GUARDIAN: THERESA SCHIAVO, No. SC04-925 (Fla. Oct.21, 2004), denied 7-0 on rehearing. (Bush got 0.0% of his panel before the same court) http://www.FloridaSupremeCourt.org/clerk/dispositions/2004/10/04-925reh.pdf [3] Schiavo ex rel. Schindler v. Schiavo ex rel. Schiavo, 403 F.3d 1223, 2005 WL 648897 (11th Cir. Mar.23, 2005), denied 2-1 on appeal. (Terri Schiavo's own blood family only got 33.3% of their panel on the Federal Appeals level) http://media.ca11.UsCourts.gov/opinions/pub/files/200511556.pdf ]
FACT: “In 2010 the Department of Education reported collecting $1.22 for every dollar in defaulted student loans it had guaranteed - and that's after the sharks and their shareholders and the obligatory outright fraud had taken their first round of cuts.” [source: Reuters column, by Tkacik, cited above. See also: "Why College Prices Keep Rising," By Alan Michael Collinge, Special to The Register | September 16, 2012, originally published at FORBES, http://www.Forbes.com/sites/peterjreilly/2012/03/19/why-college-prices-keep-rising on Mar 19, 2012 @ 06:43 AM] This suggests to me that those in power don't want to “fix” the predatory lending system, because they would “lose their cut,” and is especially troubling in light of how much “Big Money” salaries there are for University presidents, coaches, and too many wasteful programs & building project, who also want to avoid “losing their cut” of the obscene profits.
“Legally,” yet another problem exists: U.S. Colleges & Universities hold a monopoly on Higher Education, but it isn't seen (due to the fact that it's so widespread). However, Dictionary.com verifies & proves my claim, as it defines a 'monopoly' as: “exclusive control of a commodity or service in a particular market, or a control that makes possible the manipulation of prices. Compare duopoly, oligopoly.” http://www.Dictionary.com/browse/monopoly – College price-gouging students are more-able if (since) they hold a monopoly (which we all know is illegal). [source: case-law on monopolies – they're illegal, hello?]
FACT: The cost of college has risen VERY much, in comparison to the minimum wage, while the quality of Higher Education has declined, with America slipping farther & farther behind other nations. [sources: You will see this reported everywhere, if you but look.]
FACT: Over 1.2 MILLION people have signed a petition seeking College Loan Forgiveness. [sources: "Support Student Loan Forgiveness," Petition by Student Debt Crisis, http://pac.petitions.moveon.org/sign/support-the-student-loan hosted by MoveOn circa: 2012 ; See Also: "Will a million online signatures push Congress to take up student loan debt relief?," By Kitty Felde, 89.3, KPCC, Southern California Public Radio, http://www.scpr.org/blogs/politics/2013/03/25/13037/will-a-million-online-signatures-push-congress-to March 25, 2013 ; See Also: "1 Million People Show Support for Student Loan Forgiveness Act," By Katy Hopkins | Staff Writer, U.S. News & World Report, http://www.usnews.com/education/best-colleges/paying-for-college/articles/2012/06/28/1-million-people-show-support-for-student-loan-forgiveness-act June 28, 2012, at 4:15 p.m. ; See also: "Student Loans: 1 Million Signatures Delivered Asking Congress To Do More Than Low Interest Rates," By Tyler Kingkade Senior Editor/Reporter, The Huffington Post, http://www.huffingtonpost.com/2012/06/27/student-loan-forgiveness-petition-delivered_n_1631852.html 06/29/2012 05:47 pm ET]
FACT: There are horrific “collateral damage” from huge college debt – which results in huge default rates, “including garnishment of wages and Social Security benefits, income tax refund offset and blocking renewal of professional licenses” [source: “Student Loan Debt Settlements,” FinAid.org, http://www.finaid.org/loans/settlements.phtml by Mark Kantrowitz] – and “Two state legislatures (Iowa and Montana) are considering bills that would repeal laws that allow states to suspend the driver’s licenses of student loan defaulters, Bloomberg reported in a March 25 piece on the topic.” [source: “22 States Where You Could Lose Your License for Not Paying Your Student Loans” http://blog.credit.com/2015/03/22-states-where-you-could-lose-your-license-for-not-paying-your-student-loans-112628/ March 30, 2015 by Christine DiGangi] – and a spike in the rates of suicide directly attributable to stress from college loans debt [source: see the Feb 05, 2016 intervention in the US Supreme Court case, at these links: http://GordonWatts.com/FannyDeregulation/Tetzlaff-case/DOCKET-15-485_Tetzlaff-v-ECMC.html or: http://GordonWayneWatts.com/FannyDeregulation/Tetzlaff-case/DOCKET-15-485_Tetzlaff-v-ECMC.html – CONCLUSION: When a person loses their chiropractor's license, their driver's license, and/or becomes suicidal, it **reduces** – not increases – the ability of the person to pay back the loan. [See also: “These States Will Take Your License for Not Paying Student Loans: Legislators are fighting such rules in several states http://www.bloomberg.com/news/articles/2015-03-25/these-states-will-take-your-license-for-not-paying-student-loans by Natalie Kitroeff @NatalieKitro: http://Twitter.com/NatalieKitro March 25, 2015 — 11:49 AM EDT]
SEE ALSO: “The Lasting Impact on Students’ Lives: I also found that students who graduate with excessive debt are about 10% more likely to say that it caused delays in major life events, such a buying a home, getting married, or having children. They are also about 20% more likely to say that their debt influenced their employment plans, causing them to take a job outside their field, to work more than they desired, or to work more than one job...What Can Be Done?... Colleges must also be given better tools to limit student borrowing. For example, college financial aid administrators must be permitted to reduce federal loan limits based on the student’s enrollment status and academic major.” [source: “Why the Student Loan Crisis Is Even Worse Than People Think,” TIME, by Mark Kantrowitz http://time.com/money/4168510/why-student-loan-crisis-is-worse-than-people-think/ Jan. 11, 2016 – Mark Kantrowitz is one of the nation’s leading student financial aid experts.] Gordon Wayne Watts –LAKELAND, Fla., U.S.A. www.GordonWatts.com / www.GordonWayneWatts.com UPDATE: See below for 'new' point:
UPDATE: 'New' point ' 17) ' here →“Morally,” it is immoral for Congress to be 'OK' with all their rich buddies {{Credit Card users, banks, or the über-rich}} being allowed to file bankruptcy, and especially irresponsible Credit Card users (which is 'comparable' to college debt, as it, too, has no collateral), but to deny students. [[ This is a reprise of point #1, above, but this time, the source is different. ]] [source: The Holy Bible] In using the Christian Holy Bible as my source, I assume the reader is a Christian (who accepts the Bible as accurate). But, for those who doubt, please see my paper on reincarnation: It seeks to prove this false, but first, I have to show that the Bible is accurate (which I do it 4 ways: (1) It is historically accurate. (2) It is prophetically accurate. (3) It is morally accurate, as a good guide for living. (4) It is scientifically accurate, in its scientific claims. (Bonus: It is self-consistent with itself.) https://GordonWatts.com/theology/reincarnation.html or: https://GordonWayneWatts.com/theology/reincarnation.html Point 17) ( continued – see below )
Point 17) (continued from above)
MAIN REASON that it's not “OK” for Lawmakers to get bankruptcy on standard terms, but not college students: It violates the 'Golden Rule,' as shown by these passages—and is a forbidden double-standard according to Jesus:
“46 And He said, “Woe to you also, lawyers! For you load men with burdens hard to bear, and you yourselves do not touch the burdens with one of your fingers.” “3 Therefore whatever they tell you to observe, that observe and do, but do not do according to their works; for they say, and do not do. 4 For they bind heavy burdens, hard to bear, and lay them on men’s shoulders; but they themselves will not move them with one of their fingers.” [Luke 11:46; Matthew 23:3-4, NKJV, Words of Jesus in red] Commentary: 'Lawyers' & others, such as Federal Lawmakers, who “load men with burdens” (by passing laws stripping students' ability to obtain bankruptcy for most college loans -and stripping 'Truth In Lending' requirements to give borrowers fair 'Due Process' notice of this) certainly violate the Golden Rule. Lawmakers are hypocrites: They wouldn't accept this 'too hard to bear' 'burden' on their shoulders! By the way, just because student can get “income based repayment,” that doesn't mean everything's alright: [[1]] It takes several days each year to fill out the paperwork, and re-certify, [[2]] Even IF anything's forgiven eventually, it's “taxable” income, [[3]] People with student debt problems can end up with “bad” credit, which makes it much harder to get jobs, and they can lost their driver's licenses and professional licenses if it does to far, and finally, all those lead to [[4]] Excessive stress, which is bad for the health, and of course, reduces earning potential.
** “...thou shalt love thy neighbour as thyself: I am the LORD.” LEVITICUS 19:18b, Holy Bible, KJV (See also: Leviticus 19:34 – Note: The Christian Old Testament comprises parts of the Jewish Torah)
** “...Thou shalt love thy neighbour as thyself,” MATTHEW 22:39b, MARK 12:31b, Holy Bible, KJV
** “Do to others as you would have them do to you,” LUKE 6:31, Holy Bible, NIV
** “Therefore all things whatsoever ye would that men should do to you, do ye even so to them: for this is the law and the prophets,” MATTHEW 7:12 (KJV)
ALSO: College Tuition is a type of “tax,” because it's monies$$ going to an “arm of the government” (state government colleges, in this case), and, as collegiate tuition is WAAAY to high, it's safe to say that students are being “over-taxed” big time—which “over-taxing” is FORBIDDEN by the God:
1 Samuel 22:1-2 (King David—before he was King—got support from many over-taxed citizen)
1 Kings 11:42-43 ; 1 Kings 12:1-20 (Solomon's EVIL, STUPID son, Rehoboam committed this sin! And it led to civil unrest, and a brief civil war!)
2 Chronicles 9:30-31 ; 2 Chronicles 10:1-19 (Reprise: Solomon's EVIL, STUPID son, Rehoboam)
LASTLY: The cost of college (already high) get much higher when original loan principal is doubled or tripled due to excessive “interests & fees”: This is forbidden usury (excessive interest) “Charge him no interest or [portion of] increase, but fear your God, so your brother may [continue to] live along with you.” – Leviticus 25:36 and: “7 I thought it over and then rebuked the nobles and officials. I told them, You are exacting interest from your own kinsmen. And I held a great assembly against them. 10 I, my brethren, and my servants are lending them money and grain. Let us stop this forbidden interest! 32b ...we shall not buy it on the Sabbath or on a holy day; and we shall forego raising crops the seventh year [letting the land lie fallow] and the compulsory payment of every debt.” – Nehemiah 5:7; 5:10; 10:32b, Old Testament standards, which are STILL in effect: MATTHEW 5:17 the following: “Think not that I am come to destroy the law, or the prophets: I am not come to destroy, but to fulfil.” See also: “In you they have accepted bribes to shed blood; you have taken [forbidden] interest and [percentage of] increase, and you have greedily gained from your neighbors by oppression and extortion and have forgotten Me, says the Lord God.” Ezekiel 22:12 (Holy Bible, AMP) Note: Forbidden interest (usury, excessive interest) is placed alongside murder & bloodshed, hello!?.. “Not good.”
CHRISTIANS: We must not fail to obey the authorities over us: 13:1 Let every soul be subject to the governing authorities. For there is no authority except from God, and the authorities that exist are appointed by God. 13:2 Therefore whoever resists the authority resists the ordinance of God, and those who resist will bring judgment on themselves. 13:3 For rulers are not a terror to good works, but to evil. Do you want to be unafraid of the authority? Do what is good, and you will have praise from the same. – Romans 13:1-3, Holy Bible, NKJV [[ The “governing authorities” here INCLUDES the U.S. Constitution's “uniformity clause,” Art. I, Sec. 8, Cl. 4 of the U.S. Constitution, which requires that ANY “bankruptcy” law be UNIFORM, but it is not: You ask ANY college student: Section 523(a)(8) of U.S. Code (the offensive law in question), is NOT “uniform,” DOES violate the U.S. Constitution, and therefore DOES violate God's standards in Romans 13:1-3 ]]
Gordon Wayne Watts –LAKELAND, Fla., U.S.A. // www.GordonWatts.com / www.GordonWayneWatts.com