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December 18, 2018 04:23 pm PST

Kansas judge tells government debt collectors they can't hound a broke 58-year-old woman until her 84th birthday

In 1991, Vicky Jo Metz borrowed $16,613 to pay for tuition; now she's 59, and has paid back 90% of that money -- and she still owes $67,277.

Metz is broke and has filed for bankruptcy. But thanks to a law signed by Bill Clinton, it's almost impossible to discharge your student debt through bankruptcy. That's why the US government sent their most notorious knuckle-breaking debt-collectors, the Educational Credit Management Corporation to argue against Metz's debt being forgiven.

ECMC had a counteroffer: Metz could pay $203 per month for 25 years -- until she was 84 years old -- and then, the remaining debt (which would have ballooned to $152,277.88, 900% of her principal) would be forgiven.

The judge pointed out that Metz would be a formerly bankrupt person living on Social Security by then, and would be liable for taxes on the $152,277.88 in "debt forgiveness" that ECMC was generously extending to her.

The proposal was completely ordinary: ECMC makes this kind of deal for Americans all the time.

What was out of the ordinary was judge Robert E. Nugent's response: he told them to pound sand. Instead, he ordered Metz to pay back the $1,000 or so she still owes on her principal and then have done with it.

As Richard Fossey writes, this highly unusual ruling is a breath of fresh air in the world of predatory government student debt-collection.

Vicky Jo Metz's case is important for two reasons. First, Judge Nugent rejected ECMC's argument, which it has made hundreds of times, that a distressed student-loan debtor should be forced into an income-based repayment plan as an alternative to bankruptcy relief.

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Original Link: http://feeds.boingboing.net/~r/boingboing/iBag/~3/tkPqapzydJ4/thanks-clinton.html

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