The student-loan crisis and Presidential politics: Bernie needs to up his game on student loans to attract young votes

Bernie is very popular with young voters. He out polled Hillary by almost 4 to 1 among the twenty-somethings in the New York Democratic primary, and he's done even better with young voters in other primaries. Young people sense almost instinctively that Hillary is just a political hack, and that Bernie has ideas that might really make their lives better.

In fact, Bernie is the only presidential candidate to offer a realistic plan to address the student-loan crisis, which is crushing millions of Americans. Bernie's plan for a free college education at a public college is eminently sensible, and cheaper than what we are doing now, which is to loan $165 billion a year to college students and only get about half of it back.

In contrast, Hillary's student-loan reform plan is to pump an additional $30 billion a year into the nation's bloated and corrupt higher education industry.  That's Hillary's solution to every problem--let's shovel some money at it and make sure the insiders get most of the loot.

And let's not forget that Hillary tweeted young voters last summer, asking them; "How does your student loan debt make you feel? Tell us in 3 emojis or less." Let's see if I can find three profane emojis to send her.

And Cruz is no friend to student-loan debtors. He represented the lender in the famous Espinoza case, in which a bankrupt baggage handler argued that he should only be required to pay back the principal on his debt and should be relieved of the accrued interest.

Espinoza's argument was very reasonable; after all it is the accrued interest and penalties that are crushing most distressed student-loan borrowers--not the amount they actually borrowed. But Cruz's client prevailed before the Supreme Court--a 9 to 0 decision against poor Mr. Espinoza.

So if you are one of 20 million overwhelmed student-loan debtors, Bernie is the only game in town.  Unfortunately, you and I know that Bernie's free-college plan will never be enacted, because too many political interests benefit from the status quo.

But there are other student-loan reforms Bernie could propose that are less ambitious than his free-college plan but which would resonate with young voters.  Here are a few ideas for him:

1) Let's force the for-profit colleges to stop making their students sign arbitration agreements that cut off students' right to sue for fraud.  DOE Secretary John B. King favors regulations to stop colleges from putting arbitration clauses in their student contracts. Bernie could reasonably support King's efforts.

2) The government could require all loan servicers--including Educational Credit Management Corporation and Navient--to disclose the compensation packets for their senior executives and their debt collectors and to disclose on a public web site the amount they pay their lobbyists, the attorneys who hound student-loan debtors, and the recipients of all their campaign contributions.

3) The government could stop garnish Social Security checks of elderly college-loan borrowers who defaulted on their loans. This is a logical extension of the Obama administration's decision to forgive loans of disabled borrowers.

I think if Bernie would add a just couple of additional features to his plan to solve the student-loan crisis, he would see an even bigger surge of support among young voters--maybe enough of a surge to assure a victory in California.

And of course my ideas for appealing to young voters are open to any of the Presidential candidates: Hillary, Cruz, Kasich and Trump could take these ideas and run with them. But Bernie is the only presidential candidate who shows any interest in solving the student -loan crisis.

Ted Cruz: No friend of student-loan debtors

How does Hillary's emoji on student loans make you feel?

References

United Student Aid Funds, Inc. v. Espinosa, 130 S.Ct. 1367 (2010).

Arbitration clauses in student-loan documents:the sad case of Sierra Roach v. Navient Solutions, Inc.

In 2015, Sierra Roach sued Navient Solutions, Inc. for violations of the Telephone Consumer Protection Act and the Fair Credit Reporting Act.  Navient had been pursuing Roach to collect on five student loans totaling almost $69,000--money that had been disbursed to Bowie State University, not Roach.

Roach disputed the debt and claimed she was being repeatedly called by debt collectors. She also claimed that credit reporting bureaus were  issuing inaccurate credit reports about her.

Navient filed a motion asking a federal court to stay Roach's suit and compel her to arbitrate pursuant to an arbitration clause that was buried in the promissory notes she allegedly signed. (Roach claimed not to remember signing the notes.)

Roach's defense to Navient's arbitration demand was that she had signed the promissory note with another entity, not Navient.  But Navient presented evidence showing it had power to collect the debt, and a federal court granted Navient's arbitration demand in an order issued last December.

Roach had some other claims against Navient, but she apparently submitted them late and inartfully. After all, she had sued Navient without an attorney and was unfamiliar with the niceties of practicing law.

Some judges deal leniently with people who go to court without lawyers, but not Roach's judge. She had filed a "surreply memorandum," which the judge refused to consider, saying "sureplies are highly disfavored."

Although it is not entirely clear, she also apparently argued that the arbitration clause buried in the promissory notes had not come to her attention and that she did not realize that she had waived her right to sue when she signed the promissory notes.

The judge did not like this argument at all. In a footnote, he cited language from another decision that said: "[T]he fact that [plaintiff] may have chosen not not to access or read the  language of the Arbitration Agreement does not render it invalid or non-binding."

In short, the judge forced Roach to arbitrate her claims against  Navient.

Scholars and commentators largely agree that arbitration generally favors corporate parties. That's why banks, financial institutions, and student-loan lenders force people to sign arbitration clauses in routine documents. Like Ms. Roach, most people do not understand that they are signing away their right to sue for wrongdoing when they agree to arbitrate.

Two comments on the Roach case:

1) Many student-loan debtors are losing in the courts because they are not represented by competent lawyers. Roach's best argument for invalidating the arbitration clause was that it is an "adhesion contract" that she was forced to sign as a condition for getting federal loan money. Courts have ruled for fifty years or more that agreements waiving the right to sue can be nullified if the party signing the waiver is the weaker party with no opportunity to negotiate and no choice but to sign in order to receive a service. But Ms.Roach probably knew nothing about adhesion contracts.

Distressed student-loan debtors ought to have access to pro bono (free) legal services. There are literally hundreds of thousands of unemployed lawyers right now--and most of them have massive student-loan debt themselves. Their talents should be harnessed to help people like Ms. Roach.

2) The fact that student-loan lenders and for-profit colleges are allowed to put arbitration clauses in student-loan documents and college-enrollment forms is a scandal. Secretary of Education John B. King announced recently that he opposes this practice and will draft regulations that will put some limits on it.

But the regulation revision will go through a negotiations process, and any regulations DOE adopts are likely to be watered down. After all, the finance industry and the for-profit colleges have powerful lobbyists and sharp lawyers, and they make campaign contributions to powerful politicians.

For now at least, millions of people are jeopardizing their financial futures when they borrow money to attend college. Even if they are defrauded or get substandard educational experiences, they are barred from filing suit. And if they file for bankruptcy to get a fresh start, the creditors' attorneys are waiting for them to make sure these distressed debtors get booted out of bankruptcy court.

References

Roach v. Navient Solutions, Inc., 2015 WL 8479195 (D. Maryland, Dec. 10, 2015).

U.S. Department of Education. U.S. Department of Education Takes Further Steps to Protect Students from Predatory Higher Education Institutions. March 11, 2016. Accessible at http://www.ed.gov/news/press-releases/us-department-education-takes-further-steps-protect-students-predatory-higher-education-institutions?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=

Hillary cackles over her victory in the New York Democratic Primary: But the Upstate rubes went for Bernie

If you go to a map depicting how New York Democrats voted in yesterday's Democratic primary election, you will be shocked. At first blush, it looks like Bernie Sanders won a landslide victory. In fact, with the exception of Buffalo, Rochester, Syracuse, Long Island and New York City and its nearby suburbs, Bernie carried the whole state.

A  view of a map showing voting patterns in the Massachusett Democratic primary shows a similar pattern. Eastern Massachusetts--Boston and its  affluent suburbs--went for Hillary and the western part of the state voted overwhelmingly for Bernie.

Of course this pattern is easily explained. Most voters live in the cities, and a lot of city people like Hillary.

But why is this so? Why do the voters of Boston and New York City support Hillary while the rural and small town folks back Bernie?

Basically, the people who have prospered in the global economy are urbanites. People in banking and financial services, the media elites, academics, techies and entertainment moguls have done pretty well in the 21st century economy, and they know Hillary will maintain the status quo. Her fans aren't offended by the fact that she compulsively stuffs corporate money into her pants suit because they are doing the same thing.

On the other hand, Americans in the nation's small towns and rural areas are hurting economically; and they are hurting badly. Bernie's straightforward message about economic reform resonates with these people. Even in Oklahoma, perhaps the most conservative state in the Union, Democrats voted overwhelmingly for Bernie with the exception of voters living in two affluent urban clusters. Having grown up in Oklahoma, I can tell you, the Okies are suffering in the post-recession economy. The word socialist does not frighten them at all.

I don't think Hillary cares whether the rubes like her. She thinks she's holding all the cards. But there are more poor people in the U.S. than rich ones. And there are millions of people who aren't poor now but soon will be--including 20 million people who can't pay off their student loans.

If more poor people wake up the fact that Hillary is just a huckster--a shill for the global oligarchs--they will look for someone else to vote for. But Hillary is counting on sliding into the Oval Office before the rubes figure out that the game is rigged against them and that Hillary helped rig it.

New York Democratic Primary: The brown splotches went for Hillary

Oklahoma Democratic Primary: The brown splotches went for HIllary

Ditto for Massachusetts

Karen Blumenthal, Hillary's Biographer, Insults the Intelligence of Young American Women by Calling Them Naive For Supporting Bernie

Last night, as I was driving home across the Atchafalaya Basin, I listened on my radio to a BBC interview with Karen Blumenthal, Hillary Clinton's biographer. The BBC reporter asked Blumenthal to explain why the vast majority of young American women who were voting in Democratic primaries were supporting Bernie Sanders for President, and not Hillary.

Blumenthal admitted that she was mystified by this trend. And then she added that young female Bernie supporters were "naive" and lacked a proper appreciation of Hillary's record in the fight to advance women's rights.

How insulting to young American women!

Essentially, Blumenthal was expressing the same view as the two old crones Hillary wheeled out to scold young American women a few months ago: Madeleine Albright and Gloria Steinem. Remember Albright's famous quote? "There's a special place in hell for women who don't help each other."

In my view, young women who support Bernie are not naive. On the contrary, a lot of them are politically quite sophisticated.They know Hillary is totally indifferent to the concerns of young Americans and that's why they are voting for Bernie.

They know, for example, that Hillary's campaign slogan, "Fighting for Us," is nothing more than a bald misrepresentation concocted by Hillary's spin doctors.  Hillary isn't fighting for us; who could believe such a wild story? After all, she sat on Walmart's board of directors for six years, and she made $11 million in less than two years making speeches to corporate pirates.  Last year alone, Hillary and Bill raked in $28 million; that's 100 times more than Bernie and Jane Sanders' income in 2014.

Second, young voters know Hillary will do nothing to alleviate the student-loan crisis. In fact, Hillary's only plan for addressing this enormous problem is to shovel more money toward the bloated and corrupt higher education industry. If elected President, she won't rein in the for-profit college industry, which has exploited millions of young Americans.She accepted nearly a quarter of a million dollars from a for-profit education corporation for making a single speech. And another for-profit college company paid Hillary's husband Bill more than $16 million for serving as its "honorary chancellor."

Karen Blumenthal may dismiss Bernie's young supporters as naive, but it is Blumenthal herself who is naive if she thinks young American women need to wise up and support Hillary. In my opinion, these women will never support Hillary Clinton; and if Hillary is elected President, the Democratic Party will lose a whole generation of thoughtful and highly concerned young women voters--both men and women. After all, in last night's New York primary election, people in their 20s voted for Bernie over Hillary by a margin of nearly 4 to 1.

Karen Blumenthal,  doing her Hillary Clinton  imitation (in costume)

References

Katie Dreyer. How Madeleine Albright and Gloria Steinem Betrayed Women Everywhere. Huffington Post, February 8, 2015. Accessible at http://www.huffingtonpost.com/katie-dreyer/madeleine-and-gloria-betrayed-women-everywhere_b_9190676.html

Chuck Ross. Madeleine Albright Tells Young Women Women Voters 'There's A Special Place In Hell' For Them If They Don't Support Hillary. Daily Caller, February 2, 2016. Accessible at

 http://dailycaller.com/2016/02/06/madeleine-albright-tells-young-women-voters-theres-a-special-place-in-hell-for-them-if-they-dont-support-hillary-video/#ixzz46NbEitok

Jonathan Swan. Sanders Wins Young Voters, Clinton Older Voters in NY Exit Polls. thehill.com, April 19, 2016. Accessible at http://thehill.com/blogs/ballot-box/presidential-races/276924-sanders-wins-young-votes-clinton-older-voters-in-ny-exit

Hillary Clinton's ties to the for-profit college industry: If she becomes President, expect the status quo

The for-profit college industry has had a good run. For years, it has sucked up about a quarter of all federal student-loan money, while only enrolling about 12 percent of the nation's students.

The for-profits have reaped big profits, and why not? Some of them spend more on recruiting than they do on instruction.  Most of their revenues (nearly 90 percent for most for-profit colleges) come from the federal student-loan program, and their docile students passively sign the  loan documents that are pushed in front of them by the for-profits' efficient student processors.

And if anyone accuses them of fraud or misrepresentation--hey, no problem. Most for-profits force their students to waive their right to sue somewhere in the enrollment documents.

For years, the for-profits have greased the wheels on their gravy train by making strategic campaign contributions to important people in Congress and by hiring Washington lobbyists to protect their interests. Everyone from Mitt Romney to Florida Congresswoman Debbie Wasserman Schultz got a little money from the for-profits, and so adequately regulating this gang of pirates is out of the question.

Will things change if Hillary is elected President? It's very unlikely. Here are a few tidbits of information about Hillary and Bill Clinton's ties to the for-profit industry that come from a recent article by Michael Stratford.

• Bill Clinton worked for Laureate Education, which has for profit colleges all over the world. According to Stratford's article, Bill earned $16.5 million between 2010 and 2014 working for Laureate. In fact, Bill Clinton served as honorary chancellor for Laureate International Universities  until last year, when he resigned  shortly before Hillary launched her campaign. 
• Hillary earned $225,000 making a speech to Academic Partnerships, a for-profit company that makes big bucks partnering with public universities and turning face-to-face courses into online courses that Academic Partnership oversees. 
• Several of Hillary Clinton's campaign-fund bundlers have worked as lobbyists for Apollo Group, the parent company of University of Phoenix. (And by the way, Barack Obama's "best friend," Martin Nesbitt, is making plans to buy Apollo Group.)

David Halperin, an investigative reporter who has done a good job reporting on the for-profit industry, praised Hillary for taking a "strong, principled stand against predatory for-profit college companies," but I am highly skeptical.

When I was growing up, I was taught that there are only two kinds of snakes: dead ones and live ones. Similarly, with perhaps a few exceptions, there are only two kinds of for-profit colleges: the ones that exploit the student-loan program to the detriment of their students, and the ones that have closed.

References

Frank Cerabino. Failed medical college was reliable source of campaign money. Palm Beach Post, November 2, 2015. http://www.mypalmbeachpost.com/news/news/cerabino-failed-medical-college-was-reliable-sourc/npD6Q/

David Halperin. Top Democratic Lawyer Pushed Pentagon to End U. of Phoenix Suspension. Huffington Post, March 17, 2016. http://www.huffingtonpost.com/davidhalperin/top-democratic-lawyer-pus_b_9487600.html

Richard Rubin. Hillary and Bill Clinton Mad $139 Million in Eight Years. Bloomberg.com, July 31, 2015. http://www.bloomberg.com/politics/articles/2015-07-31/hillary-and-bill-clinton-paid-43-million-in-federal-taxes

Charles M. Smith and Dina Rasor. For-profit colleges are bankrolling Romney to keep to keep student loan money flowing. Truth-out.org, June 14, 2012. http://www.truth-out.org/news/item/9790-for-profit-colleges-are-bankrolling-mitt-romney-and-other-republicans-to-keep-their-public-student-loans-flowing

Michael Stratford. Hillary Clinton's ties to for-profit education companies. Inside Higher Education, April 18, 2016. https://www.insidehighered.com/news/2016/04/18/hillary-clintons-ties-profit-education-companies

The Immorality of American Graduate Education: A Look At the Fields of Law and Education

When commentators write about the student-loan crisis, they often focus on people who attended for-profit institutions. And indeed, almost half of the students who borrowed to attend a for-profit college default on their loans within five years.

Law schools: Declining admission standards and too many graduates for the job market

But people who borrow to get graduate degrees from respectable institutions are also suffering in huge numbers. Let's start with the field of law, where the job market for full-time attorney jobs has collapsed. According to an article by Joshua Wright, there are more than two attorneys for every law job (based on 2012 data).

Many potential law students have figured this out, and law school enrollments have plummeted.  First-year enrollment in American law schools in the fall of last year was 30 percent lower than 2010. As Aaron N. Taylor pointed out in a Chronicle of Higher Education essay, this decline represents the equivalent of about 60 law schools in 2010.

How have law schools responded to this downturn? In order to keep classroom seats filled, many have been admitting a larger and larger percentage of applicants. As Taylor explained it, the median admission rate among law schools in 2015 was 54 percent, "meaning that applicants at more than half the law schools in the country had better than 50-50 odds of gaining admission." According to Taylor, 24 law schools had admission rates of 70 percent or higher! In other words, some American law schools are drifting pretty darn close to having open admission policies.

And as a recent report from Law School Transparency documents, admissions standards are falling at law schools with a number of schools admitting students with LSAT scores so low that they are at extreme risk of failing the bar exam.

All this is happening as law-school tuition has skyrocketed. The average JD graduate enters an anemic job market with $140,000 in debt.

Obviously, law schools should cut their tuition prices drastically and some law schools should be closed. For example, Southern University Law School in Baton Rouge and Texas Southern University's law school have shockingly low admission standards and their graduates have very low pass rates when they take their bar exams. Why do these schools remain open?

Graduate programs in Education: Declining demand and low quality

But let's not just pick on law programs. Let's look at graduate programs in Education, which is my own field.

The National Science Foundation reported recently that that doctorates in education declined 27 percent in just 5 years: from 6,528 to 4,793. Furthermore, in 2014, less than two thirds of Education doctoral graduates had jobs in their fields or postdoc commitments. Perhaps most disturbing, doctoral graduates in Education had the highest mean debt loads among graduates in all doctoral fields. According to NSF, their mean cumulative debt was $36,260 in 2014, and 23 percent had debt loads of $70,000 or more.

We have far too many colleges of education--around 1200. The National Commission on Excellence in Educational Administration recommended closing three-fifths of the nation's graduate programs in Educational Leadership (the programs that train school principals and superintendents), and it is surely right. Arthur Levine, who published a much discussed report on graduate programs in Educational Leadership, found that most of them were competing in a "race to the bottom," with many Educational Leadership programs having low admission standards, low graduation standards, weak faculty, weak research production, and "irrelevant" curricula.

But have universities improved the quality of graduate programs in Education? Have they closed weak programs or redundant schools of education? By and large, they have not. In Louisiana, where I teach, every four-year public institution has a college or school of education, far more than the state needs. And--based on my own experience working in colleges of education at four public universities, admissions standards are going down for doctoral programs. At the University of Houston, where I worked a few years ago, the Educational Leadership program had several doctoral student with GRE scores in the bottom 10th percentile.

Conclusion

The student-loan crisis has many dimensions, and millions of victims. Students who attended for-profit colleges are among the casualties, but many people who obtained graduate degrees at reputedly respectable institutions are also among the wounded.  Thousands of law school graduates and people with graduate degrees in Education have accumulated massive levels of debt for educational experiences that didn't lead to well-paying jobs.

Do we need to clean up the for-profit college industry? Yes we do. But we also need to close a lot of law schools and graduate programs in Education.

References

Arthur Levine. Educating School Leaders. Education Schools Project, 2005. Accessible at http://www.edschools.org/pdf/Final313.pdf

Aaron N. Taylor. Are Financially Desperate Law Schools Using a 'Reverse' Robin Hood Scheme' to Stay Afloat? Chronicle of Higher Education, April 20, 2016. Accessible at http://chronicle.com/article/Are-Financially-Desperate-Law/236041

Joshua Wright. The Oversaturated Job Market for Lawyers Continues, and On-The-Side Legal Work Grows. Economicmodeling.com, January 10, 2014. http://www.economicmodeling.com/2014/01/10/the-oversatured-job-market-for-lawyers-continues/

National Center for Science and Engineering Statistics. 2014 Doctorate Recipients From U.S. Universities. National Science Foundation, December 2015. Accessible at http://www.nsf.gov/statistics/2016/nsf16300/digest/nsf16300.pdf

Feds will forgive student loans of disabled borrowers: Doing the right thing in the right way (cutting through red tape)

The Department of Education announced this week that it will write customized letters to 387,000 disabled student-loan borrowers to inform them they are eligible for loan forgiveness. Good for the feds. DOE regulations authorize student-loan forgiveness for borrowers who are permanently disabled, but most people eligible for forgiveness don't apply. In fact, according to an Inside Higher Ed article, almost half of all disabled borrowers (179,000) are in default!

I applaud DOE for doing the right thing and reaching out to people who are entitled to have their student loans forgiven. This is a stark and pleasing contrast to the Department's position in Myhre v. U.S. Department of Education, when DOE opposed bankruptcy discharge for a quadriplegic debtor whose expenses exceeded his income because he had to pay a full-time caregiver to feed, dress, and bathe him.

Apparently, DOE is going to streamline the loan-forgiveness process for disabled borrowers. According to an article by Jillian Berman in Marketwatch:

The borrowers identified by the Department won’t have to go through the typical application process for receiving a disability discharge, which requires sending in documented proof of their disability. Instead, the borrower will simply have to sign and return the completed application enclosed in the letter.

DOE is to be commended for cutting through red tape to forgive these loans.  Perhaps this streamlined approach can be expanded to include student-loan borrowers who were defrauded by the college they attended--particularly students who attended one of the Corinthian Colleges institutions. Thousands of former Corinthian students have applied for loan forgiveness, but the administrative process has been tedious.

This latest development provides more evidence of the massive suffering experienced by millions of distressed student-loan borrowers. Nearly 400,000 of them are permanently disabled!

References

Jillian Berman. Why Obama is forgiving the student loans of almost 400,000 people. Marketwatch.com, April 13, 2016. Accessible at http://www.marketwatch.com/story/why-obama-is-forgiving-the-student-loans-of-nearly-400000-people-2016-04-12

Feds May Forgive Loans of Up to 387,000 Borrowers. Inside Higher Ed, April 13, 2016. Accessible at ttps://www.insidehighered.com/quicktakes/2016/04/13/feds-may-forgive-loans-387000-disabled-borrowers?utm_source=Inside+Higher+Ed&utm_campaign=825eb3a0e1-DNU20160413&utm_medium=email&utm_term=0_1fcbc04421-825eb3a0e1-198565653

Myhre v. U.S. Department of Education, 503 B.R. 698 (Bankr. W.D. Wis. 2013).  Accessible at https://www.gpo.gov/fdsys/pkg/USCOURTS-wiwb-3_12-ap-00169/pdf/USCOURTS-wiwb-3_12-ap-00169-0.pdf

Henry Fernandez of Fox Business News says 40% of students aren't paying back their student loans. Is Fernandez correct? Does it matter?

Henry Fernandez of Fox Business News published a story last week reporting that 40 percent of college borrowers aren't paying back their student loans.  Here's what he said:

There's new concern over student loans as more than 40% of people who borrow from the government are not making their payments. That's nine million of the 22 million people with student loans who may never be able to pay their loans.

Is Hernandez correct?

Is Hernandez's analysis correct? And if so, does it matter?

Although the Fernandez did not cite a source for  his 40 percent statement, I think he's right. Looking at data from multiple sources, here's how I get to a 40 percent nonpayment rate.

First of all, 43 million people have outstanding student loans. As the New York Times accurately observed last year, 10 million student borrowers have either defaulted on their loans or are delinquent.  It is true that some people with delinquent loans will eventually bring their loans current, but a lot of them won't because unpaid interest will accrue during the delinquency period, making the loans grow larger and more difficult to repay.  Theoretically, defaulters can also bring their loans current, but the penalties assessed against defaulting borrowers are unbelievably onerous; and once defaulters have penalties attached to their loan balances they are doomed.

Then we have 4.6 million people who have entered income-based repayment plans (IBRPs) that extend loan repayment periods out to 20 or even 25 years. Most of these borrowers are making payments so low that interest will continue to accrue, which means a very high percentage of borrowers in IBRPs will never pay off their loan principal.  And this number grew by 140 percent in just due two years! I think it is safe to predict that within a year, at least 5 million people will be in IBRPs of some sort. So let's add 5 million to the 10 million people whose loans are delinquent or in default.

Finally, there are about 9 million people who are in economic-hardship deferment programs or loan forbearance programs of some kind that excuse them from making loan payments.  Again, interest is accruing on these loans.

When we consider this data together, we can understand why more than half of college-loan borrowers are seeing their loan balances go up within two years of beginning the repayment stage (as reported by the Brookings Institution). This is a clear sign that a lot of borrowers are either not making any payments or are making payments so low that they are not paying down their loan balances.

Based on the analysis I just outlined, it is clear that Mr. Hernandez is right and that at least 40 percent of student borrowers are not repaying their loans, and most never will.

Does it matter?

From the perspective of society as a whole, does it matter whether students pay back their college loans? Yes it does. Steve Hayward, a professor at Pepperdine University, who was interviewed for Fernandez's story, said that colleges are delivering an inferior product, "and I think there is a bubble coming." In fact, Hayward went further and said if colleges were publicly traded, he would short them.

Hayward has it right.  Let's look at Apollo Education Group, the owner of the University of Phoenix. Apollo once traded at $80 a share and now trades for about $8.  If you had shorted Apollo, you would have made some money.

Basically, I think what Hayward was suggesting is this: The government cannot go on forever loaning billions of dollars a year to college students when a high percentage of college borrowers are receiving inferior educational experiences and aren't paying back their loans.

In fact, higher education is in a bubble right now. Hundreds of private liberal arts colleges and for-profit colleges are struggling to survive and could not survive 30 days without federal student aid money. They are like drug addicts who must have federal dollars flooding into their coffers just to survive from month to month.

But the government cannot keep loaning more than $150 billion a year in student-loan money if 40 percent of the borrowers don't pay back their loans.

The Obama administration and the entire bloated college industry are relying on a single strategy to keep the gravy train rolling: long-term income-based repayment plans.  If they can force the kiddies into 20-year or 25-year repayment plans with lower monthly payments than the standard 10-year repayment period, they think the party will go on forever and the bubble will never burst.

But the party won't go on forever, and the bubble is about to burst. Within five years, we will see dozens of colleges close their doors because more and more students will simply refuse to pay outrageous tuition prices for degree programs that don't lead to good jobs. And we will see nonpayment rates go higher than they are now, and they already pretty damn high.

In fact, the student-loan bubble is already causing more suffering than the home-mortgage bubble. According to the text at the end of the movie The Big Short, about six million people lost their homes during the home-mortgage crisis of 2008  But those people could file for bankruptcy and get a fresh start. More than 20 million people are burdened by unmanageable student-loan debt, and most of them cannot get relief in the bankruptcy courts..

References

Henry Fernandez. 40% of Students Aren't Paying Back the Government. Foxbusiness.com, April 8, 2016. Accessible at http://www.foxbusiness.com/features/2016/04/08/40-students-arent-paying-back-government.html

Trump, Clinton, Cruz & Sanders: "The Grace of God is in Courtesy"

Of Courtesy, it is much less

Than Courage of Heart or Holiness,

Yet in my Walks it seems to me

That the Grace of God is in Courtesy.

Courtesy

Hilaire Belloc

I became profoundly uneasy about Donald Trump when I saw him treat Jeb Bush so contemptuously a few months ago, mocking him on the debate stage. It seemed to me then--and seems to me now--that a person who publicly humiliates a political opponent with school-yard taunts does not have the temperament to be President.

And Mr. Trump has done nothing to alleviate my doubts about his character in the months following his first Presidential debate. And now we are presented with the disgusting spectacle of Donald Trump and Ted Cruz (or their supporters) insulting each other's wife. Even the most bare-knuckle ward politician knows that there is one line that cannot be crossed--no political candidate with any claim to decency can disparage an opponent's spouse.

We must have a president who is honest and not venal, and Hillary Clinton does not qualify by either measure. But we also must have a President who is not a bully.

Increasingly, I am swayed by Hilaire Belloc's profound little poem, Courtesy. Surely Hilloc is right: the grace of God is in courtesy. And by that standard, the only top contender who is qualified to be our President is Bernie Sanders, who declined, perhaps to his disadvantage, to scold Hillary Clinton for her email scandal.

Hilaire Belloc

"[T]he Grace of God is in Courtesy."

Artist burns student loan records at private university in South America: What a cool idea!

A friend recently sent me an article from The Guardian about an artist using the name Fried Potatoes (Papas Fritas in Spanish) who sneaked into the vault of Universidad del Mar, a private university in Chile, and burned all the documents pertaining to the university's student loans.  Yep, a half billion dollars in student debt went up in smoke.

What a cool idea!

Of course, destroying all loan documents pertaining to private college loans would be impossible in the United States. There are literally millions of student-loan documents in the U.S. involving hundreds of for-profit colleges. Most are in electronic format and the government  maintains records of these debts, since the government guarantees all loans issued through the federal student-loan programs.

Still, some variation of this idea is worth considering. Let's start with Corinthian Colleges, which filed for bankruptcy last year and now has a $1.2 billion judgment against it for false advertising and misleading lending practices. A California judge ordered Corinthian to pay most of the judgment ($820 million) as restitution to former students who were victimized by its scam. The bulk of this money represents federal loans students took out to pay their tuition bills at one of Corinthian's campuses.

But of course Corinthian doesn't have the money to pay the judgment. At the time it filed for bankruptcy, it claimed to have only $20 million in assets--about one sixtieth of the total California judgment.

Department of Education regulations allow students to apply for loan forgiveness if they were students at a college that closed or if they were defrauded by the college they attended. Thousands of Corinthian alums have applied for relief under these regulations.

But the administrative process for resolving these claims has been tedious, and so far only a small number of ex-Corinthian students have had their loans forgiven.

Why doesn't the Department of Education do what Papas Fritas did and just dissolve the debt? Of course, DOE wouldn't need to actually burn all those loan documents, although I'm sure a bonfire would be personally satisfying to Corinthian's former students. But the loans could be forgiven by government fiat. And that is what DOE should do.

After all, Corinthian's former students will never pay back those student loans. In fact, almost half of all students who attended for-profit colleges eventually default on their federal student loans. Wouldn't it be easier and more just for the government to simply decree that any student who took out federal loans to attend a for-profit college will have those loans forgiven if the college is found guilty of fraud or misrepresentation?

Of course it would, but DOE will never take that straightforward step because the amount of money involved is enormous. It would rather deal with student claims through a cumbersome administrative process, knowing that most students won't go to the trouble of filing a claim.

And here's a better idea. Given the high levels of fraud, misrepresentation, price-gouging and totally worthless educational experiences connected with the for-profit college industry, I think we should simply allow anyone who took out student loans to study at one of these shyster for-profit institutions to discharge those loans in bankruptcy under the same standards that apply to other unsecured debt. In other words, people who are otherwise qualified for bankruptcy relief should have their student loans discharged through the routine process of a bankruptcy filing without the need of filing an adversary proceeding.

References

Jonathan Franklin. Chile students' debts go up in smoke. The Guardian, May 23, 2014. Accessible at http://www.theguardian.com/world/2014/may/23/chile-student-loan-debts-fried-potatoes

Matt Hamilton. Corinthian Colleges must pay nearly $1.2 billion for false advertising and lending practices. Los Angeles Times, March 23, 2016. Accessible at http://www.latimes.com/local/lanow/la-me-ln-corinthian-colleges-judgment-false-advertising-20160323-story.html

John L. King, Jr., Secretary of Education, spouts nonsense about financial literacy for student borrowers

John L.  King, Jr., the new Secretary of Education, knows the student-loan program is careening out of control and that millions of people owe billions of dollars they can't pay back.

So what's Secretary King's solution? Financial literacy. We can solve the student-loan crisis, Secretary King apparently believes, if college students are educated to make better financial decisions.

Thus as the nation enters "Financial Capability Month," Secretary King is touting a recent report prepared by the Financial Literacy and Education Commission that outlines how college students can develop better financial management skills.

Interestingly, the report emphasizes the role that colleges and universities can play in enhancing their students' ability to make good decisions about financing their college experiences. And the report highlights financial literacy programs that universities around the nation are offering.

For example, New Mexico State University "held a money management fair to promote games, websites, and outside financial education organizations to students." I'll bet that was fun.

And Louisiana State University, famous for its planned "Lazy River" water feature, created "financial education' handouts called "Financial Basics on the Geaux" and developed "CashCourse quizzes" to evaluate students' financial knowledge.

The Department of Education seems to think that colleges are great places for students to learn financial literacy, including the skills to manage their student loans. After all, as the Financial Literacy and Education Commission pointed out, colleges have an incentive to produce alumni who repay their student loans.

But of course this isn't really true. Colleges and universities have an incentive to maximize their revenues, which means luring tuition-paying students through the door. But higher education institutions have zero incentive to warn potential students that some of their degree programs are a bad financial investment.

And here's an example. Law students who graduated from Thomas Jefferson School of Law in San Diego in 2013 had an average student-debt load of $180,000 (among students who borrowed). That was the highest student-debt load of any law school in the United States that year.

Yet Thomas Jefferson's admission standards are quite low. According to a recent report by Law School Transparency, 75 percent of Thomas Jefferson's entering 2014 class had LSAT scores so low that they were at high risk of failing the bar. Twenty-five percent of it 2014 freshman class had LSAT scores so low that they were at extreme risk of failing the bar.

Not surprisingly, Thomas Jefferson's bar pass rates aren't high. Among first-time test takers who sat for the California bar in July 2014, less than half of TJSL graduates (44.7 percent) passed the bar exam.

As Paul Campos wrote in his 2012 book, "[I]t's likely that somewhere around four out of five current law students would be better off if they hadn't gone to law school" (emphasis supplied). And that percentage is surely even higher for people who graduate from TJSL.

Do you think Thomas Jefferson School of Law is telling its entering freshman students that they will probably face job prospects so poor that it makes no sense to borrow $180,000 to get a TJSL degree? Probably not. Thomas Jefferson needs to maximize its revenue by admitting as many law students as it can, even if  a majority of its entering students have LSAT scores so low that they run a high risk of failing the bar exam.

So what's my point? Simply this. The Department of Education is being naive or cruelly cynical to suggest that "financial literacy" can be usefully taught by colleges and universities that have every incentive to attract tuition-paying students and no incentive at all to warn potential students of the risks they run when they take out student loans to enroll in expensive programs that aren't likely to pay off financially.

In short, whether you are contemplating a bachelor's degree in religious studies from an expensive, elite university or a law degree from a mediocre law school, you can't count on the higher education institutions to give you good financial advice. When it comes to acquiring financial literacy, you are largely on your own.

References

Focusing on financial literacy for students. U.S. Department of Education blog site. http://blog.ed.gov/2016/04/ed-focuses-on-financial-literacy-for-students/

Jeff Schmitt, The Leaders in Student Debt. Tipping the Scales, March 31, 2014. Accessible at http://tippingthescales.com/2014/03/which-law-schools-lead-in-student-debt/

Paul Caron. July 2014 California Bar Exam Results. Taxprof blog, December 29, 2014. http://taxprof.typepad.com/taxprof_blog/2014/12/july-2014-california-bar-.html

Financial Literacy and Education Commission. Opportunities to Improve Financial Capability and Financial Well-Being of Postsecondary Students. Updated 2016. Accessible at https://www.treasury.gov/resource-center/financial-education/Documents/Opportunities%20to%20Improve%20the%20Financial%20Capability%20and%20Financial%20Wellbeing%20of%20Postsecondary%20Students.pdf

Law School Transparency. Reports on law school admission data accessible at http://lawschooltransparency.com/reform/projects/investigations/2015/key-findings/

4.6 million student debtors are in long-term repayment plans, default rates are up, and President Obama's "best friend" is buying University of Phoenix: "Things fall apart; the centre cannot hold."

Things fall apart; the centre cannot hold

The Second Coming

William Butler Yeats

As William Butler Yeats put it, "Things fall apart; the centre cannot hold." Everywhere, we see signs that the federal student-loan program is on the verge of collapse. And when the loan program collapses, so will American higher education.

Here are some portents of the coming disaster:

Student borrowers are enrolling in long-term repayment plans in record numbers

First, the U.S. Department of Education recently announced that 4.6 million student debtors are enrolled in Income-Driven Repayment plans (IDRs) to pay off their college loans. This is a 48 percent increase since December 2014 and a 140 percent increase since December 2013. 

People in IDRs are obligated to pay on their student loans for 20 or even 25 years, and most are making payments so small that their loan balances are going up, not down, due to unpaid accumulating interest. In other words, most people in IDRs will never pay off their college loans.

Yet lenient income-based plans are President Obama's chief strategy for addressing the student-loan crisis. As the DOE blog put it," President Obama has fought hard to make college more affordable and to help borrowers keep their student loan payments manageable." And thanks to those efforts, DOE continues, students in the new IDRs never have to pay more than 10 percent of their monthly income on your federal student loans."   Indeed, borrowers who are  "temporarily unemployed" don't have to pay anything. "After all, as DOE cheerily pointed out, "10 percent of zero dollars is zero dollars."

But of course, 20-year and 25-year repayment plans are crazy, especially when we consider that most people don't sign up for these plans until their backs are against the wall. Remember Brenda Butler, who entered a 25-year repayment plan 20 years after graduating from college? She won't be finished with her student loans until 2037, 42 years after acquiring her degree!

The Feds are garnishing wages and Social Security Checks, and default rates are rising

Meanwhile, the government garnished $176 million in wages from student-loan defaulters during the last three months of 2015. And the government garnishes Social Security checks of 155,000 elderly student-loan defaulters. 

And despite governmental assurances to the contrary, student-loan default rates are rising. According to a recent analysis by Jason Deslisle, 20 percent of all borrowers with loans due are in default. A Brookings Institution report noted that almost half of  a recent cohort of student borrowers who attended for-profit colleges defaulted within 5 years

And let's not forget the nine million people in the repayment phase of their loans who aren't making payments because they've obtained economic hardship deferments or some other deferment from making loan payments.  Those folks are counted as defaulters, but in reality, most of them will never pay back their loans. 

Law schools are in trouble

And then there are the law schools, some of which are in real trouble. Over the last few years, law schools began behaving like pirates, raising tuition rates to insane levels even as the market for lawyers imploded. Now they are seeing  a 20 percent decline in enrollment applications; and many have lowered their admission standards just to get warm bodies in their classrooms. A typical law student now graduates with $140,000 in debt; and many have almost no prospect of getting jobs in the legal field.

The for-profit college sector: The barbarians are at the gates

Finally, in the private sector, the barbarians are at the gates. Corinthian College, which had 350,000 students or former students as of last year, filed for bankruptcy; and thousands of its victims have filed claims to have their student loans forgiven. The Department of Education brokered a sale of some Corinthian campuses to a company affiliated with Educational Credit Management Corporation, the rapacious college-loan debt collector, just to maintain some semblance of order in the chaos of the Corinthian collapse.

Apollo Education Group, owner of the University of Phoenix, is in real trouble. Enrollments at UP dropped from a a peak of 475,000 in 2010 to less than half that number in 2015. Apollo's stock, which once sold for more than $80 a share, is now trading below 8 bucks.

Apollo is in negotiations to sell out to a group of private equity firms, including Visteria Group. Visteria was founded by Martin Nesbitt, described as President Obama's "best friend." In fact, Nesbitt was treasurer for both of Obama presidential campaigns; and he heads the Obama Foundation that is planning the Obama Presidential Library. 

If the deal goes through, Tony Miller, former Deputy Secretary of Education in the Obama administration and Martin Nesbitt's business partner will become Apollo Education Group's new Board Chairman.  Very cozy!

"The ceremony of innocence is drowned."

To borrow a phrase from Yeats, "The ceremony of innocence is drowned" in American higher education.  Colleges and universities were once honored as the guardians of our civilization's ideals, the places where young people came to grow and learn, and to develop the civic and moral values that are indispensable to maintaining a healthy and vibrant society.

No more.  Arrogant college presidents, greedy profiteers, and mindless bureaucrats now control our once beloved universities. The best of these characters "lack all conviction, while the worst are full of passionate intensity." 

All of this craziness is paid for by federal student-loan money. And millions of college-loan borrowers are strangling in debt they can never pay off. This cannot go on forever.

President Obama and Martin Nesbitt

Tony Miller, former Deputy Secretary of Education
and soon-to-be Board Chairman of Apollo Education Group

References

Jillian Berman. Americans just had $17 million in wages garnished by the government due to unpaid student loans. Marketwatch.com, March 22, 2016. Accessible at http://www.marketwatch.com/story/the-government-just-garnished-176-million-in-wages-because-of-unpaid-student-loans-2016-03-21

Ronald J. Hansen. Apollo Education, parent company of University of Phoenix, to go prvate at $1.1 billion deal. Arizona Republic, February 9, 2016. Accessible at http://www.azcentral.com/story/money/business/2016/02/08/apollo-education-to-go-private-in-11b-deal/79998782/

Jason Delisle. @usedgov latest data out today shows student loan defaults just hit another record high, 20% of those w/ loans due. Mhttps://twitter.com/delislealleges/status/710539989256429568

Matt Sessa. Student Aid Posts Updated Reports to FSA Data Center. Department of Education, March 17, 2016. Accessible at https://www.nasfaa.org/news-item/7943/3-17_Federal_Student_Aid_Posts_Updated_Reports_to_FSA_Data_Center

Dan Primack. Obama's 'best friend' raises millions for private equity fund. Fortune Magazine, August 11, 2014. Accessible at http://fortune.com/2014/08/11/obamas-best-friend-raises-millions-for-private-equity-fund/

Patricia Cohen and Chad Bray. University of Phoenix Owner, Apollo Education Group, To Be Taken Private. New York Times, February 9, 2016. Accessible at http://www.nytimes.com/2016/02/09/business/dealbook/apollo-education-group-university-of-phoenix-owner-to-be-taken-private.html?

No, You Won't Be Arrested for Falling Behind On Your Student Loans. US. Department of Eduation Official Bog, April, 2016. Accessible at http://blog.ed.gov/2016/04/no-you-wont-be-arrested-for-falling-behind-on-your-student-loans/