Illusory Due Process: The Broken Student Loan Hearing System
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UC Irvine Law Review

UC Irvine

Illusory Due Process: The Broken Student Loan Hearing System

Abstract

Student loan collection hearings should be the primary gateway to relief for borrowers in default, but the system is profoundly broken. The author presents case examples, available data, and responses from industry surveys to describe how student loan collection hearings offer no more than an illusion of due process. The later sections present reform proposals to improve the existing hearing system, including eliminating private contractor outsourcing and increasing government accountability and oversight. Recognizing that it is counterproductive to try to fix the hearing process without tackling systemic issues, the final section includes a summary of broad reform measures aimed at ending the current debt-fueled federal student aid system.

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