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Defrauded students to receive loan forgiveness (axios.com)
59 points by coloneltcb on March 19, 2021 | hide | past | favorite | 144 comments


I have mixed feelings about this in general.

On one hand, this is great for the students who were affected. On the other hand, what mechanisms exist to prevent this from happening again? Debt forgiveness in general is a terrible precedent to set.

EDIT: Finished reading the AP article. I'm curious what constitutes harm per Cardona's quote:

  “A close review of these claims and the associated 
  evidence showed these borrowers have been harmed, and we 
  will grant them a fresh start from their debt.”
Is it the lack of opportunity from the for-profit school? If so there are plenty of non-profit schools that offer useless degrees in the forms of useless/impractical majors.

Is it the fact that for-profit schools often give out degrees that cannot be transferred to accredited ones? If so there are plenty schools that teach you things that aren't really transferrable like fullsail. There are also liberal arts and technical not-for-profits whose classes aren't necessarily transferrable between them.

Is it questionable advertising of the benefits of the school? Again, not-for-profit accredited schools often skew the benefit of their services as well.

I'm curious how exactly they have determined the "harm."

Pedantically, one could argue easily that any action anyone takes that does not yield a benefit has harmed them. For example Margin Debt is at $800 billion (https://www.bloomberg.com/opinion/articles/2021-03-17/do-mar...) - inevitably that will also lead to some catastrophe. Should that also be forgiven? One could argue that organizations such as Robinhood and Webull have been gamifying the stock market to the point of "misrepresentation" (I don't personally believe this, but you could imagine an argument being made).

At one point as a civilization we draw the line and let people take responsibility for their own actions? I believe in the matters of life and death we should subsidize, but education? I'm not sure.


This is far more specifically about a debt obtained via fraud. The US court system categorically refuses to enforce debts obtained via fraud, regardless of how it came about. Owe $325 on your credit card for buying a vacuum cleaner that was fraudulently misrepresented to you? Courts will not enforce the debt, hence the existence of chargebacks. There's no fundamental difference between that case and this one; the debtor was a victim of fraud, so the debt is invalid and will not be enforced.

There's no slippery slope here because it's a decision firmly within the existing status quo. If you can show that the debt was obtained via fraud, you will not be made to pay it. IIRC this has specifically come up with Robinhood, where a /r/wallstreetbets user that was accidentally given excessive amounts of leverage was not pursued for the inevitable mid-five-figure account deficit that they racked up.


> This is far more specifically about a debt obtained via fraud.

No, it's about a debt to obtained fairly but used to pay for something being fraudulently offered by a third party.

> Owe $325 on your credit card for buying a vacuum cleaner that was fraudulently misrepresented to you? Courts will not enforce the debt,

Unless the charge was fraudulent, yes, they will.

> hence the existence of chargebacks.

Chargebacks exist because of special legal rules applicable specifically to open-ended credit like credit cards, not a general principle that debt to one party resulting from fraud by a third party is invalid.


> No, it's about a debt to obtained fairly but used to pay for something being fraudulently offered by a third party.

There's a very big difference between using credit to obtain cash to spend as payment for goods and services, and using the credit itself to pay for goods and services. If you took on a cash advance and then used that to buy a misrepresented vacuum, you're still on the hook for the cash advance. Student loans are not a cash advance, they're an agreement to undertake a debt in exchange for a specific education. If that education was fraudulently misrepresented, the debt was simply not obtained fairly, it was obtained through fraud.

> Unless the charge was fraudulent, yes, they will.

The vacuum cleaner being fraudulently misrepresented makes the charge fraudulent. It was authorized under false pretenses.

>not a general principle that debt to one party resulting from fraud by a third party is invalid

Chase is not third-party to your credit card transactions. They're directly involved and have contracts with the merchant's processing bank governing the relationship. Every credit card transaction is an agreement of the form "I get the stuff, the merchant gets paid according to their agreement with their processing bank, and I agree to owe the credit card company some money". If the vacuum cleaner is misrepresented to you, that entire agreement is invalid due to fraud, including the obligation to pay the credit card company.

The legislation enacted over chargebacks were created so that A) this class of dispute could be cheaply adjudicated by the companies involved rather than messily and with great expense via the court system, and B) to provide a streamlined way to ensure that merchants pay all the costs involved with the process.


From my reading of the OP (and the original news reporting that the OP is summarising), this covers the case where someone was defrauded by their school. Not just harmed, defrauded.

Fraud is a well-defined crime. It requires intentional deception for a small number of specific reasons (most commonly, to gain money or something else of value). If in doubt, consult an attorney in your jurisdiction to determine whether you have been the victim of fraud according to the laws of your local area (which do vary across state lines within the US, to say nothing of internationally).

But this isn’t about forgiving student loans where someone has been harmed. It’s about forgiving student loans where someone has been the victim of fraud.


> But this isn’t about forgiving student loans where someone has been harmed. It’s about forgiving student loans where someone has been the victim of fraud.

This is a good point, however my take is that if what you're saying is true (and I believe it is) - there is less reason to forgive the debt.

There already exists mechanisms to take assets from the institution that caused the harm, liquidate and compensate those who have been harmed.

Is it necessary to unilaterally forgive the debt? Maybe (I'm not sure myself as I mentioned in the OP).


Should the banks have no incentive to make sure fraud isn’t happening? They’re making profit off the deal and are benefiting from the fraud. If they had no downside from fraudulent transactions then wouldn’t they have zero reason to do any sort of due diligence on student loans? It’s not like they have to worry about the debt going away via bankruptcy


> There already exists mechanisms to take assets from the institution that caused the harm, liquidate and compensate those who have been harmed.

Those people will already have leveraged debt, and purchased services and depreciated goods with the cash gained by the fraud, making the people they purchased those things from secondary beneficiaries of that fraud. The people who made the loans to the students are also secondary beneficiaries of the fraud (if those loans are paid back with interest.)

The real question is whether you want to put the onus of evaluating the risk that something may be a fraud on the sellers of goods, or on people making loans. I would argue from a lot of different directions that it was obviously put in the right place in this case.

To begin with, you can buy a candy bar with fraudulently obtained funds, and if every candy bar seller was required to evaluate the risk that the funds used to buy the candy bar were obtained fraudulently, the economy would grind to a halt. Since this is a pragmatic argument, it obviously becomes less valid when someone sells 10,000 candy bars; we may not mind if they have to do some minor checking, like obtaining your full name, or maybe where you work.

Another is that assessing (and taking) risk is literally the only job of someone making a loan, and assessing the risk of a school being a fraud seems an obvious part of that when you're making a loan specifically for attending that school. If someone making a loan isn't doing that, they aren't doing anything. It's just a rent being collected, a concession granted by the state (as the state is expected to expend effort to enforce the debt.) This isn't a proper function for a state, this is corruption.

You think you're endorsing personal responsibility here, but you're really endorsing bailouts for investors.

There's a business plan here (which I think is really common in the world if you look for it) where you create a fraud, loan money to the victims of that fraud, fold up and liquidate the fraud, then use the state to pursue the victims for the loan. If you also manage to be the beneficiary of the fraud - lets say that the fraud sells all of its buildings which are then leased back to them, resulting in the fraud having a negative worth when it is liquidated, and you pay yourself large consulting fees for creating that arrangement - you've double-dipped.

In the closed system of 1) the fraud, 2) the victims, 3) vendors supplying the fraud, and 4) lenders to the victim, a loan for $10,000 can't be turned into $20,000 of benefit, all ultimately sourced from the victim. This only happens if the state steps in and chooses the benefit of the lender and the vendors above the victim. This would be the state officially designating the fraud to be a currency issuer.

Lastly, it doesn't set a precedent because debt forgiveness, especially in cases like this, happens all the time. It's a sign of corruption if it doesn't happen.


The responsibility for fraud or other failure to deliver should be on the entity perpetuating fraud. If fraud is a known risk in the industry, require insurance or a surety bond. This is how most industries work, like construction.


> Fraud is a well-defined crime.

Criminal fraud is a thing, but the sense of “fraud” here is more related to the tort than the crime; the latter is much narrower, though both are well-defined.


> On one hand, this is great for the students who were effected. On the other hand, what mechanisms exist to prevent this from happening again? Debt forgiveness in general is a terrible precedent to set.

I don't know if they have plans to do this, but they should turn around and attempt to collect the debt from the schools that defrauded the students rather than the students who were victims of that fraud.

And frankly, debt forgiveness isn't a bad policy. It's essentially what bankruptcy relief is (relief that's available to almost all other debt holders).


Debt forgiveness is a horrible policy. It encourages borrowers to hold on to their debt as long as possible to achieve forgiveness, and punishes those who don't.

My wife and I worked our butts off to pay off our student debt 10+ years early. How is it fair that our peers with the same jobs, who didn't scrimp and save, will achieve the same outcome we did if the government just decides to take all of that personal debt and basically just add it to the national debt (or expand the money supply)?

Beyond that, when the government does that, OUR taxes will be going to pay off our FRIENDS' debt (or we'll be paying via inflation), even though we ourselves worked to pay off our own debt early. This is grossly unfair.


So because it was hard for you, it should be hard for everyone else. They should all have to suffer just like you did to pay off their debt?


That's not at all what he's saying. He's saying that this creates the incentive of not working hard at all, let's just wait until the government bails us out. Yeah, lets create a society where nobody has to work and we just all magically have it easy!


Exactly, no one is too big to fail, and the largest recipients of federal bailout and stimulus money, industries like banking and finance, shouldn't just get windfalls whenever they fail to plan ahead.


It isn't a question of suffering; if they can pay the loan back without suffering then everyone is a winner. Horrible policy is when the government sees people who work hard, save responsibly and honour their commitments ... and then that government puts a thumb on the scale to make sure the responsible got worse outcomes than free-spending fools.

Presumably we all want those free-spending fools to live without suffering (I certainly do). They should have food, shelter and freedom to improve themselves. If they can't pay the money back then it is stupid to pretend they will (and politically destabilising). But all this doesn't outshine the fact that people who paid off their student debts the hard way made better choices and probably worked harder to boot.

Sometimes the rules need to change midway through the game of life, but the government shouldn't be monkeying around with the score at the same time. The people who borrowed money and couldn't pay it back made terrible choices. People who made good choices should be rewarded more than people who make bad choices and given first pick of resources and opportunity. Otherwise people who make bad choices will end up owning stuff they'll muck up and in positions of authority where they will muck stuff up that they don't own.

Now that is mean to the people who took out loans. Bad luck. If they want a nicer tone they can cover their own costs. It isn't reasonable to take someone else's money, government rolls in and hand-waves paying it back (probably has the tax payer cover the costs in some complicated bailout, who knows) and then expect everyone to be treated like they are behaving responsibly and respectably. There has to be some level of recognition the magnitude of the mess-up here. People are making life-shatteringly bad decisions and dragging other people with them. That needs more consideration than wiping the slate clean and shrugging hard.

But obviously the usual bankruptcy process (they've got nothing and basically start from scratch) would be fine. If they're broke they're broke.


> Beyond that, when the government does that, OUR taxes will be going to pay off our FRIENDS' debt (or we'll be paying via inflation), even though we ourselves worked to pay off our own debt early. This is grossly unfair.

So you basically think that people who were defrauded should have an debt-albatross hanging over their necks (potentially for their whole lives), so you won't feel like a sucker for paying of your own student debt?

Were you defrauded by the school whose loans you worked so hard to pay off?


First, I was responding to your comment that debt relief was a good policy generally. It's not.

Second, what about all of the other victims of crime. Are people who were defrauded by a private school more worthy of relief than carjacking victims? Arson victims? What about victims of other frauds?

What about non-monetary crimes? Are people who were defrauded by private schools more worthy of relief than rape victims, or the families of murder victims?

It's just not a role of government to provide monetary relief (as opposed to justice) to victims of crime. And even if it were, I see no reason why victims of private school fraud should receive relief before all others.


> Are people who were defrauded by a private school more worthy of relief than carjacking victims? Arson victims? What about victims of other frauds?

Mortgage and car loan issuers always force you to purchase adequate insurance. If you are a victim of arson or carjacking, you won't still owe the lender the full amount of the loan—insurance will make both you and the lender whole. There is no insurance for education though. So someone has to lose money here. The question is, is it better for the student to be out of the money or the lender.


> Were you defrauded by the school whose loans you worked so hard to pay off?

Seems like you moved the goalpost here. Do you think debt forgiveness is a bad policy when it comes to people who were not defrauded?


What about people who had to pay 2x-10x for same degree simply bc they were some born later? That is grossly unfair but so what?


In bankruptcy the lender already factored in that possibility when creating the loan, and the Government and taxpayers aren’t left holding the bag.


My wife took private student loans, which at the time were forgivable in bankruptcy, as a hedge against future financial issues. She accepted a higher interest rate to account for that.

… then the federal government retroactively made them non-dischargeable.

I mention this to highlight that changes in the regulatory environment don’t always favor the borrower, nor are there always concessions made to limit harm to the injured party.


That's also a great example of how discharge-ability and the potential for student loan forgiveness warps the actions of borrowers, and in an unfair way.


How is it unfair if the loan came with higher interest rates to account for that?

That’s exactly the point of how debt markets are supposed to work. Higher risk borrowers are more likely to default, so pay higher interest rates to cover the % that do. If as a borrower you’re willing to pay more for your debt to give you that option (and quite frankly, all debt should be this way. There’s no debt an LLC can’t write off, why is there debt individuals can’t write off?), why is this bad?


One "unfair" thing is generally when there's a mass "loan forgiveness" program (like there was for Mortgage Debt in 2008) borrowers are exempted from considering forgiven debt as income. That's unfair to the rest of us taxpayers.


> For example Margin Debt is at $800 billion...

Retail traders' margin debt is secured. However I agree the mechanics of margin debt has the ability to inflict colossal pain on normal people.

> let people take responsibility for their own actions...

The government already lost the money. The borrowers are already in default. They are never going to pay this money back. To put in perspective:

"Only 43% of public two-year college students, and 34% of for-profit college students who entered repayment on their loans in 2011 had paid even a dollar toward their loan principal after five years." (https://elizabethwarren.com/plans/student-loan-debt-day-one)

Is that relief? No. Is it stimulus? No. The lent money was spent long ago. You're not giving money to borrowers who are already in default. You are taking a number in a government spreadsheet, and making it smaller.

If you're going to do this fauxconomics dystoplican point of view, don't warble garbage about civilization and responsibility. Focus on the mechanics of what is actually happening.

Indeed, I would agree bailing people out from margin calls would significantly reduce harms, but on the other hand, that's totally politically untenable, and also actually expensive. Whereas forgiving debt that is already in default costs nothing.


Your premise is wrong. Forgiving debt already in default absolutely costs something. It's not like the debt goes away when a borrower defaults. When they eventually get a job, they will still have to pay—unless we forgive the debt.

Forgiving the debt drives up tuition costs even further by changing the risk calculation for borrowers, making more borrowers willing to borrow ridiculous amounts and therefore increasing the amount of money available to schools.

Beyond that, forgiving the debt punishes all of those students who worked hard and sacrificed to pay off their debt, and rewards those who didn't.

This is a grossly unfair policy.


You make some good points.

However, my rebuttal is that the colleges referenced in the article were for-profit and unaccredited to begin with. In other words, the students of said schools willingly went to schools without any level of vetting (or they were vetted and failed).

Given this there are two questions:

1. Did the school commit a crime? If so, there's no need to forgive the debt - the government and/or students should go after the school, and our existing legal process makes things right.

2. Were the students harmed? This is obviously more difficult to prove in general. Let's suppose the students were harmed (since the article doesn't really specify what it means by harm). Should the government continue to subsidize people who are harmed in this way?

My take is if we want to reduce harm, why not just forgive all debt? Clearly if all debt is forgiven, then all harm caused by such debt is reduced to zero.

As a society we have already decided people should be responsible for some things, so the question is why specifically in these circumstances are they being forgiven? And how is the government going to create the circumstances where they don't have to do this again?


> However, my rebuttal is that the colleges referenced in the article were for-profit and unaccredited to begin with

False. The two institutions that together account for the majority of students at issue here were ITT Tech (now defunct, but was nationally accredited) and Corinthian Colleges, Inc. (also now defunct, but many of their constituent institutions were nationally or regionally accredited.)

Nonaccredited schools aren't qualified for the federal student loans being forgiven here.

> Did the school commit a crime?

That's a weird standard. Why would it need to be a crime rather than a tort?

> so, there's no need to forgive the debt - the government and/or students should go after the school, and our existing legal process makes things right.

Er, the majority of the students affected are from institutions that no longer exist, largely because of their frauds. There is no one to go after.


Ah, I see what has happened.

You're correct, however I believe ACICS, who accredited both (or a least some of the institutions) was later found to be a poor accreditor by the DoE and was stripped of its ability.

Nonetheless, your point is that at the time they were both accredited and those were able to get the federal student loans. I stand corrected.


Not allowing people to discharge crushing debt, incurred under false pretenses, is the far more terrible precedent.


Is it? If you take a loan from the government or a bank in order to buy a car, the car turns out to be a pile of trash and the seller defrauded you, should the loan be forgiven?


Your analogy is poor. Cars depreciate in value. A higher education with a degree supposedly increases your earnings, thereby enabling you to repay debt. Cars don’t do that.

When the school lies about how many graduates are placed at SV tech companies, when they lie about who teaches and designs the courses, when they lie about their “connections” to employers, enticing students to take debt for their false product, the problem is with the school... not the victim.

Do you also forgive rapists who say, “but she was wearing a miniskirt! She enticed me to do it!” The schools are the rapists here. The students are the victims.


That is the fraud. A higher education degree doesn’t increase earnings for most people once you factor in the costs. There was a nice econ paper on this sometime in last year. Student loans of any sort are on average a bad choice in terms of lifetime wealth accumulation. Bad for student borrowers and bad for taxpayers, one should ask themselves whom it is exactly that benefits from all this carelessly issued debt.


> A higher education degree doesn’t increase earnings for most people once you factor in the costs

The average tuition & fees for public, in-state college in 2021 is $9687 [0]. Adding room & board increase it to 20,050 [1]. So you could, theoretically, get a 4-year degree at a decent school for under $100,000.

Considering that a 4-year degree increases earnings, on average, from $38,376/year to $59,124/year (and also decrease unemployment from 5% to 2.4%), that's $20,748 per year increase. Over a 40-year career, that's $829,920 extra assuming no raises.

All of these figures can be adjusted for margins of error and you'll still be ahead with a 4-year degree.

[0] https://nces.ed.gov/fastfacts/display.asp?id=76 [1] https://nces.ed.gov/fastfacts/display.asp?id=76 [2] https://smartasset.com/retirement/the-average-salary-by-educ...


Couldn’t find the paper but I believe it was from NBER or one of the feds. It looked at how graduate school impacted wealth accumulation over the lifespan and found that graduate school, this is from my fuzzy memory based on a quick skim, decreased wealth because of debt burden and delayed peak earning years. It didn’t apply to undergrad or associate degrees both of which have very good roi, on average. So I agree with you, but I also feel like much of the value of an undergrad degree is signaling, not the acquisition of specific skills that makes people more employable, leaving aside associate degrees and certificates which are essentially vocational training.


If you take $100k in debt, you are not paying back $100k. You are going to be paying back more than double that when paid back over the 20+ years most student loans are repaid over


Yep. But how does that compare with the difference in wages over 40 years? Just do the math.

Now if you take on $500,000 in debt because you choose to go to a private college with no grants or scholarships, that's a different problem. And maybe it's not a good choice. But that's a different story than a 4-year public, in-state university.


Are you a bank or a senior bondholder and are considered "too big to fail"? Then yes, you should be bailed out.

Ordinary people? Clearly no.

"Pile of trash" indeed.


I'd say yeah. At least if it was from the government. They're supposed to make sure people aren't being defrauded


Do you honestly believe all the debt in the world can be repaid?


That's very meta and not very relevant to the question of who should repay some specific debt.


> there are plenty of non-profit schools that offer useless degrees in the forms of useless/impractical majors.

Ugh. This again. College != vocational school. You don’t go to college to learn a trade or gain skills to get your first job. You’re building skills that you’ll use through the entirety of your career. Communication and critical thinking skills will never become obsolete.


> Communication and critical thinking skills will never become obsolete.

True, but you don't need a college degree to learn communication or critical thinking skills. For some careers they are generally useful, but for a lot of careers they're just a tax on entry.


You're correct, however my point that there exists non-profit schools that offer useless degrees, stands. Are you arguing otherwise? It's unclear from your post.


This may be true in some ideal platonic universe - but for real people living in the real world, college is indeed a vocational school.


What benefit to society comes from people being shackled with debts for decades that they cannot possibly pay back? We're not talking about someone being able to get any possible debt discharged after a year without making any effort to pay it back, here.

Student loans that were basically stolen by fraudulent schools, such that the borrower gained no education they can use to possibly pay the loan back - who benefits from saddling them with that forever? Their only possible options at that point are to labor in poverty forever (the loan's still not getting paid back), or somehow take on more loans to try to get an education again, now slowly paying down two student loans instead of one. Who benefits here?

In the end if lenders are somehow irreparably harmed by debt forgiveness in corner cases like this, perhaps they should be responsible and not issue loans to people who can't pay them back. It's always about "personal responsibility" until consequences come calling for financiers who make unbelievably stupid decisions and they want the taxpayer to foot the bill and bail them out.


> Their only possible options at that point are to labor in poverty forever (the loan's still not getting paid back),

The ideal state of capitalism is $0 labor costs, so: more's the better. Lots of Business majors and MBAs graduate from university under this orthodoxy every year, and have, for a long time.


> What benefit to society comes from people being shackled with debts for decades that they cannot possibly pay back? We're not talking about someone being able to get any possible debt discharged after a year without making any effort to pay it back, here.

This is true. My point though is based on what you said, should we forgive all debt? I would imagine you would not agree to that, so then we have to discuss the circumstances in which the government should discharge debt.

> Student loans that were basically stolen by fraudulent schools, such that the borrower gained no education they can use to possibly pay the loan back - who benefits from saddling them with that forever? Their only possible options at that point are to labor in poverty forever (the loan's still not getting paid back), or somehow take on more loans to try to get an education again, now slowly paying down two student loans instead of one. Who benefits here?

There's a bit to digest here. There are two considerations:

1. The student didn't gain education.

2. The school took loans they shouldn't have received on behalf of the students.

If we believe (2) is the crime, then we already have mechanisms to punish the school, liquidate them and make those who have been harmed whole again. I don't see why the government needs to be involved more than they already were (in giving the loans).

If we believe (1) is the issue, then this is something that's not unique to for-profit schools. Given it's a subjective sort of thing I imagine it would result in anyone who majored or something they don't feel was useful or receiving an education they didn't feel was "worth it" asking for loan forgiveness. That doesn't seem sustainable either.

Finally, if (2) occurred but the student did receive benefit, should the loan be forgiven? I don't know the answer but it's worth considering.

All of that aside, I agree with what I believe your point to be at the end. We shouldn't be forgiving companies that make bad decisions, either.


For a direct answer to your questions about how this is determined, it may help to look at the legalese, which includes a detailed definition and some examples of types of "misrepresentations" made by schools that would cause a borrower to qualify: https://www.law.cornell.edu/cfr/text/34/685.206 and https://www.law.cornell.edu/cfr/text/34/685.222


>Debt forgiveness in general is a terrible precedent to set.

How's that? Seems like the precedent was set a very long time ago: https://en.wikipedia.org/wiki/Jubilee_(biblical)


The key difference is Jubilee was scheduled every 50 years, and was thus predictable. Taking on a debt at, say, year 35 meant both parties knew the remaining term was limited to 15 years, and could adjust the specifics accordingly.

This situation is ad hoc, meaning both parties take on the debt assuming repayment, then one party exits, leaving unpaid debt behind. Spontaneous debt dumping, unlike the 50 year cycle in ancient Israel, is destabilizing and encourages debtors to complain loudly, and perhaps violently, to get out of the debt they owe. Doing so successfully encourages consumers to take on bad debt, which is bad for the economy (see 2008).


Yeah, I think this was executed wrongly (allowing the schools who originated the debt to profit and escape unaccountable).

I was specifically responding to the 'generally' aspect of the comment, where I think 'generally' debt forgiveness can be a very useful concept, and good for society.

Governments don't seem to mind inflating their currency sometimes which is (if denominated in their own) essentially forgiving themselves of debt ;)


In the rest of the world, the mechanisms are clear: Free education for all citizens at public universities. Those who want to be ripped off by for-profit diploma mills can go ahead, but noone with a non-lonely brain cell will.


> but noone with a non-lonely brain cell will.

These “universities” lied to prospective students. Here is just one example:

“ The FTC says the university wrongly suggested that it worked closely with high-profile companies to develop its courses. And it says the school's "Let's Get to Work" ad campaign was one example of how it hyped connections with potential employers.

In one video in that campaign, a UOP student is seen driving through a school parking lot, passing spots that are filled with the iconic logos of successful companies.”

https://www.npr.org/2019/12/10/786738760/university-of-phoen...

This has nothing to do with neuron count and everything to do with fraud and lies.


Pretty sure by “rest of world” you actually mean “some European countries”


Is there any reason to believe that “debt forgiveness in general is a terrible precedent to set”?

The major example of debt forgiveness I can think of is bankruptcy and as far as I am aware American bankruptcy laws are considered excellent precisely because of the forgiveness.

But setting aside the general case, forgiveness for massive widespread known fraud is probably the easiest example of a case where it can be achieved successfully.


I don't think education is the spot for making people take responsibility for their actions - fundamentally, they're taking this education because they don't know better yet.


I believe you make a good point. So the question then is, should for-profit schools exist? Surely there should be a mechanism to prevent these scenarios from occurring.

The plot twist is that there already is in the form of accreditation. Anyone can trivially look-up whether or not any school is accredited or not.

So the question remains, if someone chooses to go to an unaccredited school and they get burned should the government foot the bill?


It took me to the end of your post to realize that an additional Department of Education debt forgiveness criteria is the same as any debt forgiveness to you.

So you think we are at the top of a slippery slope and not realizing we've been at the bottom of it for a long time. So this isn't really about the university system its about the entire fabric of society, not realizing how society already functions.

Fascinating.


I'm not sure I understand - could you elaborate on what you mean?


you talk about margin debt in a topic about a sliver of Department of Education loans as if there is any similarity into the structure, circumstances and participants

Department of Education's outcome is a unilateral decision by the confirmed head of a federal agency, the latter requiring something far more involved that nobody is asking for.


I state explicitly that in the article the justification and determination of "harm" is unclear so it's impossible to really have an in-depth comparison.

However, I will say the fact that it's DoE related isn't really relevant at all. From the article it seems the main point was that students were misrepresented and later harmed as a result of taking a loan.

Those particular circumstances do happen to be shared in some instances of taking on margin debt.


I see, but that outcome requires a court of an act of Congress

much more improbable than a regulator waking up on that side of the bed


Student loans should be dischargeable in bankruptcy. This would provide balance in the college lending business, and a check on the ever increasing price of college tuition.


It seems like this would result in many just graduated college students choosing to declare bankruptcy immediately after graduating college. You're in an effectively perfect position to do so. You have massive debt, you have no job, you have no assets, you're not yet ready to do anything which requires credit and you're 7+ years away from buying a house.

Also, technically, student loans are dischargeable in bankruptcy, it's just much harder than other debt[1] nearly impossibly so, but, perhaps it should be. I think the alternative is that the issuance of student loan debt becomes so risky that you enter a feedback cycle of increased interest rates leading to increased bankruptcies leading to more risk leading to increased rates leading to increased bankruptcies etc.... where there only exit point is that nobody can take loans for college.

I also think there are much more elegant solutions to the problem.

1> https://studentloanhero.com/featured/student-loan-bankruptcy...


>It seems like this would result in many just graduated college students choosing to declare bankruptcy immediately after graduating college. You're in an effectively perfect position to do so.

How is this different from any other kind of debt a 22 year old might have?

The answer is, it's not - banks simply wouldn't loan outrageous sums of money to 18 year olds. If 18 year olds couldn't get 200k loans from banks, colleges wouldn't charge 50k/semester (unless you think colleges would simply close up shop if they can't charge 50k/year).

Unbankruptable loans + incredibly high demand today means that colleges can simply charge whatever they want.


> Unbankruptable loans + incredibly high demand today means that colleges can simply charge whatever they want.

This is exactly right.

I was going to say you are wrong, but you're not. These loans should absolutely be forgivable in bankruptcy, so people stop making them so lightly.

We have to cut off the supply of easy money to students if we are ever going to deal with the absolutely insane tuition prices at schools.


I would assume any other kind of loan a 22 year old gets usually has an asset tied to it that can be repossessed. You can't really repossess knowledge


The most common type of loan a 22 year old would have is likely a credit card. Credit cards are unsecured loans. It's not unheard of to hear of people with tens of thousands of credit card debt that then go to bankruptcy.

Unsecured loans aren't new.


Are 18 year olds with no income, no assets, and close to no credit history often the ones able to get tens of thousands in credit card limit such that four years later they can default?

Maybe asked differently: how much of your personal retirement money would you lend to such an 18 year old for the prospects of a 7% or so yield?


I think you are missing my point. I'm sure you could lurk at /r/CreditCards to find young adults getting credit cards with limits of up to $1,500.

My point is that you won't find credit card companies willing to loan those same people $50,000 and they shouldn't. The ability for young adults to easily strap on large amount of debt has inflated the price of college. Banks only do it because they are guaranteed to be paid back. If banks were more strict with their loan requirements, they wouldn't give so much money away and, in turn, there would be fewer students out capable of paying high tuition.

Colleges would be forced to lower costs, ideally to the days where you could afford to pay tuition by working part time.


Harvard, MIT, and Stanford would continue to cost about what they cost now, which would price out a substantial portion of the population if loans were not available. (There are well more than enough people with the means to send their kids there out of pocket.)

For me, it would virtually ensure my kids would have their pick of several top or top-middle private colleges paid from 529 accounts and by co-signing or remortgaging our house; nevertheless, I’m still adamantly opposed.

I’m not convinced you can live for four years on part-time work alone, let alone buy tuition, lab fees, and books on top of just your housing, food, utilities, and minimal entertainment in many college towns.


Harvard, MIT and Stanford are schools with enormous endowments with generous aid packages that are already very inexpensive for students even if your parents make 6 figures. However most students are already priced out of those schools given how competitive they are.

The top and even top middle school (probably every school outside HYPS) would either lower in cost or dramatically cut class sizes. There is a small number of students who’s parents can actually afford the 50k sticker price - either prices drop or these colleges end their undergrad programs. These institutions will not cost 50k/semester.


My parents were both public school teachers (so our family income was definitely not high). The aid MIT offered was in the form of loans.


The idea that parents should be responsible for the education costs of their adult children is an idea that should have died about 20 years ago.


Institutions will stop giving student loans unless the parents co-sign. The student loans issue is a hard one to fix. There is always a catch.


therein lies the rub.

There is essentially no risk for these loans because they are backstopped by taxpayers.

These loan sizes increase, the cost of tuitions increase.

Everything else that is open market loans, have no such growth pattern.

I fail to see the benefit of all this spend when the consequence is a bunch of PHDs ... working as teachers at profit AND nonprofit Universities, to produce more diplomas en masse so we have more university-degree retail associates and social media managers (if not unemployed 23yr olds).

You have to question why is it that no one would pay 25K in tuition if you had no ability to get loanable funds. Hint: there's no real market for it.


The approval rate for other types of debt are lower. Getting a house loan at 22 is not easy and there is a physical thing to repo in that case.


Well, a 22 year old is far more likely to be approved for said debt than other kinds. I doubt unemployed and uneducated 22 year olds are generally approved to e.g. $100k home loans.


Yes, this is correct, and it would have several effects.

One, banks would be unwilling to lend vast sums of money for education, and universities would have to cut back and offer education at a more reasonable price.

Two, income sharing agreements would become commonplace for economically productive degrees.

Three, pursuing economically useless degrees would go back to being the preserve of those of independent means.

Four, fewer high school graduates would go to college, and a lot of marginal colleges would close.

All of these are good things.


You have to go to bankruptcy court and convince a judge that you are actually bankrupt. I think it would be a particularly hard job for a recent graduate to persuade a court that they are bankrupt.


Underwriters would be well aware of that so what this really means is that loans would only be given to students least likely to do this, which could amount to very few.


While I agree in theory that would be nice, in practice what’s to stop someone from borrowing 100k and declaring bankruptcy on graduation day? Why would anyone lend to someone with this kind of adverse selection risk?

College tuition just needs to be paid for by the state without the lending facilities, IMO. As evidenced here the state just gets left with the bag anyways.


> in practice what’s to stop someone from borrowing ...

the same things as any other debt that is dischargeable?


The difference is a college student has a negative net worth on graduation much of the time, an average credit score of 630, with no assets, no collateral, and absolutely nothing to lose from declaring bankruptcy. If you have $100K in liberal arts debt that's worth way more to discharge than 7 more years as an authorized user on your parents credit card.

On the other hand most other lending is collateralized, or even where not collateralized, the lender has a reasonable expectation of repayment or positive net worth.


Sure that's a reason that the risk profile is different, but it's not fundamental. The current system is deeply flawed because of the guarantee.

Maybe the answer is you can't discharge it through bankruptcy for a certain number of years (e.g. 10?). But also, it shouldn't be 6 figures.


The problem is with other loans there's collateral the lender can sieze like a house or a car.


Not necessarily (e.g. credit cards), but that is one way to manage risk.

Certainly removing this protection would likely reduce the number and/or size of loans that are approved, and other risk reduction methods applied.

As it is , tuitions are being driven more by ability to pay than by costs, and ability to pay is being driven by this loan status. The system has terrible incentives for lenders and institutions.


Why can't the university take back the degree? They can't take back the knowledge, but assuming the certificate itself is actually worth anything they could always revoke the diploma. And employers are already oddly adept at checking boxes, "actually has a degree" is just another checkbox to them. Anyone that says they have a degree and doesn't is untrustworthy and why would you hire that person?

If someone has a job they have no need to do so. If someone doesn't, then assuming that person went to school with the intention of getting a job afterwards, then it seems the school failed (either in educating the student or choosing to accept a student who is unlikely to accept a job).

It seems utterly bizarre to me anyone besides the university should be on the hook for this. If they're accepting the money, they should also be accepting the risk. It feels like nobody is willing to be held accountable for anything anymore and push the risk off onto those who are most vulnerable. This is a cancer in modern capitalism.


Why can't the university take back the degree?

Employers don't care that your "has_degree" field is set to true in the college's database. They care that you demonstrated a sufficient level of IQ+conscientiousness by showing up and passing tests for several years, and in some cases they may care that you acquired relevant knowledge. Universities can't revoke either of those things because they're historical facts.


There are only some places where that actually works. For nursing, teaching and other basically-vocational degrees this works okay: you need the paper to get the degree.

But a lot of degrees aren't like that, and a lot of places don't care which degree you have once you've had a similar job. Why would all employers buy into this? They can get someone with equivalent knowledge a little cheaper. It's a pain, but the graduate can certainly still launder their lack of degree into a job (or even just lie about it! people do that all the time, and are only sometimes caught).

The idea you're suggesting sounds something like an ISA: no cost upfront, X% of your income when you get the job. Those have other problems: universities will be incentivized to get the most employable students. They're also more expensive (since the downside risk is all on the university).


> The problem is with other loans there’s collateral the lender can sieze like a house or a car.

No, other unsecured loans that are neither federally-backed nor endowed with harsher bankruptcy discharge terms exist.


Yes, usually with much higher interest rates and much lower borrow limits, like credit cards.


> College tuition just needs to be paid for by the state without the lending facilities, IMO.

No way. That just means the taxpayer gets defrauded rather than the student, and the "school" still gets their money. It encourages the further growth of fraud.

The government should not guarantee loans for universities and programs of study that do not have a track record of financial benefit for the students.


> That just means the taxpayer gets defrauded rather than the student

The collective of taxpayers has a far larger collection of sticks than individual students.


> No way. That just means the taxpayer gets defrauded rather than the student, and the "school" still gets their money. It encourages the further growth of fraud.

That's literally what just happened now. The department of education is eating the loans. I may have misunderstood but is that not what the article is about?


Can you be more specific about what “fraud” you’re saying the taxpayer is falling victim to in this scenario?


What about making it dischargeable starting 3-8 years after their last day/graduation?

Then lenders have an incentive to stop supporting useless $150k degrees, and borrowers can't declare bankruptcy immediately after graduation as an intentional tactic to dodge the debt.

Seems to address all major problems.


There are long term consequences for declaring bankruptcy that would dissuade sane people from flippantly filing. You also have to convince a judge that you are actually bankrupt.


The long term consequences end in 7 years, when the bankruptcy falls off your credit report.

That means that by 30 you'd be free and clear. Most people don't need much credit before then anyway: the median age of first time homebuyers is 33. You'd pay a lot more for a car loan or a credit card, but you don't really need either of those things either.


Most new college grads who took loans are.


The same thing that's stopping everyone from borrowing a bunch of money to go on vacations and then declaring bankruptcy?


That no one will lend them $100K+ to live for four years without working and without qualifying by credit scoring and income metrics?


You mean 15% and higher interest rates typical of credit cards?


> College tuition just needs to be paid for by the state

Ok, but not masters degree right? Were the last 2 years of high school actually useful to you? Free college will just make it defacto required and waste people's time.


This would sharply curtail lending to lower socioeconomic groups/families as there is no collateral and co-signers would be harder to have qualify as well on a creditworthiness history basis.

This would likely perpetuate/increase generational wealth inequality rather than reduce it.


> Student loans should be dischargeable in bankruptcy

The federal government should provide need-based grants (possibly with total-program-cost and course of study controls, but that’s another issue) and not loans or loan-guarantees in the first place.


How would allowing bankruptcy on federal or private student loans affect universities who've already collected the money?


Nothing should be discharged in bankruptcy, period. It shouldn't exist. Anyone reckless enough to take on considerable debt should have the right to go before a judge and have the payments restructured if their life changes. And they should spend the next 100 years paying it all off if that's what it takes. One's right to walk away from their responsibilities is insane to me.


Slavery should not exist, either.

And lender should share some responsibility for bad loans, too.


Why should they have the right to have their payments restructured? Why does your argument for saying that discharge should not exist not also apply to why people should be held responsible for abiding by the original terms of the debt agreement?


What about limited liability companies and sovereign debt? Inherited debt? Should legal entities and descendants be forced to spend eternity paying off insurmountable amounts of money?

If death is the limit, then is disability too? Curious what you think.


Who is paying for this? The government doesn’t own the debt, it just insures the loans. The schools don’t own the debt. Some bond investor does. Are they paying for it? Are they taking a loss, or is this a giant payday for the high-risk tranche, as if nobody defaulted on these super-high-risk loans, giving these shady school bonds the best returns in the business. When the government intervenes, the markets stop working. If the schools failed the students, and the government doesn’t bail them out, they’ll default and nobody will buy loans from the school. Problem solved.


>The government doesn’t own the debt, it just insures the loans

Federal Direct Loans are in fact owned by the government. This forgiveness does not apply to the pre-2010 FFELP loans that you're describing.


Thank you. So are those schools still eligible to sell us more bad debt? I do not consent to this.


Why aren't the schools directly responsible to reimburse the student or lender? This should not be "forgiveness", but similar to a chargeback, plus a fine and possible imprisonment.


The schools would be responsible if they still existed.

It's exactly like a chargeback. The credit card company pays you back and then is responsible for getting the money back. You don't have to go after the merchant directly.


Welcome to nanny state.


The only thing that I want to point out is that the federal government should prosecute these for profit "universities" to receive the loan back, since there is good evidence that they were practicing fraud against students.


This article is really short. What kind of fraud is it talking about? Unaccredited schools presenting themselves as accredited? The original press release (linked in the article) just says "institution[s which] engaged in certain misconduct."


Any way to get a refund had the student actually paid back the loans, but still felt like a victim? That nonsense set me back several years financially, I managed to claw myself out tooth and nail. It sucked.


Please explain. What was the deceit? Was it just a worthless education?


So the schools where fraudulous, the solution is to reward the system by helping their victims and have no sanction on the school?


University of Phoenix is paying $191 million in fines:

https://www.ftc.gov/news-events/press-releases/2019/12/ftc-o...


And the cost to tax payers?


Don’t know, but that’s just one school. Others were fined. Whether or not they actually pay those fines rather than declare bankruptcy... I don’t know. I would guess they just declare bankruptcy and laugh all the way to the bank.


> So the schools where fraudulous, the solution is to reward the system by helping their victims and have no sanction on the school?

Nope, sanctions on the schools also exist (some from Department of Education, some from other agencies, some through lawsuits by students); in fact, most of the students involved, as noted by the article, were students of either ITT Technical Institute or Corinthian College, both of whom have gone out of business due almost entirely due to consequences of their fraud.


Dealing with fraud that ends up costing the federal government money will probably fall under another agency’s jurisdiction and there probably won’t be a blanket announcement that everyone who did some fraud is being investigated.


the problem is that there is already a system for loan forgiveness / student redress.

its called the court system

if there is fault, that's the way to adjudicate. The extent that the govt is making that more difficult (not encouraging class action due to no regulation in place), then that should be done . Everything else is risky precedent


> the problem is that there is already a system for loan forgiveness / student redress.

This is the system established by law for student loan forgiveness; it was unilaterally hamstrung administratively by the Trump Administration.


are you talking about bankruptcy ?

If yes, that was Bush's doing. He kneecapped it, not Trump


> are you talking about bankruptcy ?

No, I'm talking about the process in this article.


Im not sure who's right here, you said there was a law to adjudicate student forgiveness, but the article states that congress never passed any rule reversing executive action on the matter.

So, if executive action by trump's cabinet was responsible for eliminating the existing process, it follows that prior executive process brought forgiveness to life previously.

A process is not a law.

My point is that we already have laws to adjudicate tort / fraud claims.

We don't need another (based on no law) to have unelected political operators to choose which fraud claims are to be heard, and which will not.

Equality is under the law. Not under process.


> Im not sure who's right here, you said there was a law to adjudicate student forgiveness, but the article states that congress never passed any rule reversing executive action on the matter.

The executive action didn't technically erase the legal process, it just created administrative barriers to recovery and limited the amount of recovery to less than the full amount at issue even where all the hoops it erected were jumped through.

That borrower defense to repayment is an existing legal process has never been in dispute.

> So, if executive action by trump's cabinet was responsible for eliminating the existing process

It was not, the process wasn't eliminated it was just made less effective.


The focus should be on preventing this “fraud” in the future, but that actually runs counter to the goals of those who are issuing the debt, the same federal agency that is now forgiving the debt, debt which mind you they should not have given out so recklessly in the fist place. When the horrible costs of wanton debt issuance become clear they just scapegoat the “for profits.” Anybody can google the numbers and easily see the student debt crisis is not limited to for profits, it’s a red herring meant to distract from the real problem which is a student debt bubble that was created by a federal agency that had bad incentives.


I don't understand the focus on for profit schools.

All else being equal, profit vs nonprofit schools are exactly the same. Its just different people that take their pound of flesh.

For profits... benefit seniors invested in ETFs or 401ks

Nonprofits...benefit CEOs and school administrators.

No difference. The tenured faculty usually wins. The student + taxpayer always lose.


All else being equal, for-profit incentivizes delivering the lowest possible quality at the highest possible price.


is that true ?

Surely for every Corinthian College there are 50 Anytown University (which do absolutely nothing and charge effectively the same ).


> Surely for every Corinthian College there are 50 Anytown University (which do absolutely nothing and charge effectively the same)

Surely, you have some evidence to present supporting that “surely, there are...” claim.


well i'm not the one making a claim that for profits are far worse than non profits....


Dunno how I as a taxpayer lose from having a better educated, more productive population...?


There are a ton of trump/devos sympathizers in here




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