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Poor economy, other factors leading to new economic crisis

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Statutes of limitations exist for nearly all federal criminal actions - except for espionage, treason, and since 1991, student loan default.

Delinquent borrowers may be relieved to learn that student loan default – unlike espionage and treason – is not punishable by death. But defaulting on a student loan can have disastrous effects on a borrower’s personal credit and lead to a lifetime of financial difficulties.

In February, the National Association of Consumer Bankruptcy Attorneys called on Congress to restore bankruptcy discharge for student loans in its report, “The Student Loan ‘Debt Bomb’: America’s Next Mortgage-Style Economic Crisis?” In the meantime, colleges, federal assistance programs and state governments are taking steps toward reducing loan debt before it becomes unmanageable.

Tom Bodin, chief economist for the Indiana attorney general’s office, said it is no surprise that the United States is on the verge of a student loan-related economic crisis. Rising tuition, combined with a long recession where many people have had difficulty finding work, means more students are relying on student loans. In 2011, overall student borrowing surpassed $1 trillion for the first time.

On average, college tuition increases by about 8 percent each year, meaning that the cost of college doubles every nine years, according to the website FinAid.org. Bodin offered a possible reason for this phenomenon.

bodin Bodin

“The theory I’ve been looking at is just that it’s an uber-competitive industry, so being able to attract the right talent and create the infrastructure that brings students to you is kind of expensive,” he said.

But Bodin said schools are beginning to recognize that students – as consumers – are looking for the best return on their investment when planning for college. “The cost of how you get there is now going to matter more than ever before,” he said.

Read a related story on the push for bankruptcy discharge for school debt.

By the numbers

The national non-profit Project on Student Debt shows that students graduate from Indiana private and public colleges with an average debt of about $27,000. That figure does not include post-graduate loans, which – if federally funded – have an interest rate of 6.8 percent, twice that of undergraduate federal loans.

The Law School Admission Council estimates the average debt owed by law school graduates is $100,000. With uncertain job prospects, that kind of debt can lead to serious financial problems down the road.

“For any kind of debt to be sustainable, there has to be income to pay it back,” said Alan White, professor of law at Valparaiso University Law School and visiting professor of law at City University of New York. “Now, we don’t know at what point student loan debt becomes too much student loan debt, but it’s clear that the current trajectory can’t continue indefinitely.”

Offering incentives

Beginning in the fall of 2012, New Jersey’s private Seton Hall University will begin offering high-achieving incoming freshman the same in-state tuition rate offered at Rutgers, a state college. Students who meet criteria for this offer will pay the lower rate for four years, at a savings of nearly $20,000 per school year.

In January 2012, a group of concerned students in California announced its “Fix UC” campaign, which would change the way students pay for college. Under its UC Student Investment Proposal, students could attend a University of California campus at no cost, and after graduation, repay the school a fixed percentage of their income, interest-free, for 20 years. Fix UC hopes to pilot this program with students in its Blue + Gold Opportunity Plan. UC graduates 31,000 of these students every year, who because of academic achievement and financial need, attend college at little to no cost.

But whether such a school repayment plan would work in Indiana is unknown.

Leonard Fromm, associate dean for students and alumni at Indiana University Maurer School of Law, oversees the law school’s Kathleen A. Buck Loan Reduction Assistance Program. He thinks a school would need a significant reserve to test drive the type of program Fix UC proposes.

“The problem is how to transition into such a system,” he said. Without incoming tuition, a school would have to find a way to be sustainable.

“If you’re Harvard, and you have a tremendous endowment, you could decide for a couple of years you’re going to use that endowment during the transition period,” Fromm said. But he did not dismiss the merits of the plan.

“What I like about that idea is that it exhibits creative, outside-the-box type thinking, and I think education at large, and law schools included, need to think about different ways of funding as we go forward,” he said.

Relief for law graduates

fromm Fromm

Fromm said that at graduation, law students sometimes have no choice but to get private loans to help with living expenses as they study for the bar exam.

IU Maurer’s LRAP program aims to help students during that time between graduation and employment, awarding between $2,000 and $6,000 for qualified applicants entering public service positions.

“For the past three years or so, the number of people who have requested LRAP assistance has definitely increased, even though the student body hasn’t increased that much,” Fromm said.

Each year, the school has been able to offer more in LRAP funds, but it still can’t meet the demand.

“Do you try to give it to more people? Or do you try to give funds to less people in higher amounts?” he said.

Bodin administers the John R. Justice Loan Repayment Assistance Program for the state of Indiana. Disbursements may vary from year to year, depending on the number of applicants and the amount of need. Last year, the program helped 79 people, awarding an average of $2,300.

Changes on the horizon

On Feb. 21, Indiana House Bill 1220 passed the Senate and went back to the House with amendments. The bill, sponsored by Sen. Jean Leising, R-Oldenburg, would allow the Indiana Commission for Higher Education to approve or disapprove of both new and existing degree programs that require more than 60 credit hours for an associate’s degree, or more than 120 credit hours for a bachelor’s degree.

Leising contends that some degree programs require students to take up to 141 credit hours, even though student financial aid is available for only eight semesters. Leising said that’s a problem because it leaves some students with no other option than to take out loans to meet the gap in funding.

Around the country, government is beginning to take a more active role in controlling college costs. On Feb. 21, the University of Missouri Board of Curators agreed to increase tuition by only three percent after the governor offered to offset losses by providing the school with proceeds from a nationwide mortgage settlement. The school had been considering a higher rate hike, due to a loss of state funding.

In his State of the Union address Jan. 27, President Barack Obama announced plans to help keep college tuition under control. He proposed shifting federal tuition aid programs away from colleges that fail to keep tuition inflation under control and rewarding those that do control tuition increases.

The president also is asking Congress to freeze current undergraduate federal loan rates at 3.4 percent. Barring action by Congress, that rate will revert to 6.8 percent on July 1.

Take-home advice

Bodin said private student loans have become more common in recent years. Private loans often come with higher, variable interest rates, and some students may mistakenly think that private loans are easier to obtain or result in faster funding. Bodin urges consumers to do their own research before buying into marketing campaigns that push private loans. And, in general, prioritizing expenses has become increasingly important.

“One of the things that student loans are traditionally used for are living expenses,” he said. “It’s just being very conscientious of what the value is you’re going to get out of the degree, and how it is that you can mitigate what you’re borrowing as you go through college.”•

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  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

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