National Civil Rights Coalition
NCRC Agenda
This a great report written by the National Consumer Law Center that shows support to "Restore a
Statute of Limitations" as stated on page 40 of the document below. NCRC also supports making The
Student Borrower Bill of Rights section (c) retroactive as discussed below. This is a great read!
"No Way Out," a report written by the NCLC
The most favorable legislative change NCRC supports is to overturn the elimination of the student loan
collection statute of limitations in 20 U.S.C. Section 1091a(a)(1) and replace it with a time limit (or
statute of limitations), presumably a ten year limit. (Note that prior to 1991, the time limit was six years.
However, it might make more sense to align the Higher Education Technical Amendments time limit
with the time limit of ten years in the Debt Collection Improvement Act).
NCRC wants to attach the below text to Hillary's Student Borrower Bill of Rights Act (s 3255) or the
House version or put it in as a separate bill or fold it into another bill. We want to amend 1091a(a)(1) as
follows :
Obligations to repay loans may be enforced at any time during the ten year period following the date of
default. This ten year limit on enforcement is to include debt defaulted before and or after the date of
enactment and applies to all actions to enforce or collect the loan obligation, including filing of lawsuits,
enforcement of judgments, any and all administrative offsets, including those authorized by 31 U.S.C.
3716, garnishment, or other action initiated or taken by-
AND HERE THEY CAN KEEP THE SAME LANGUAGE THAT IS IN 1091a(2)(A),(B),(C), (D).
The second main point we are trying to address is basically the way the Student Borrower Bill of Rights
(bill s 3255) reads now, on page 26 of the attached document. No one will be able to use this section (c)
until 7 years have passed, in the best case scenario, from the date of enactment of the Student
Borrower Bill of Rights. Adding the term "before and or" after the date of enactment..... will help those
who are currently in this debt crisis to retroactively use this criteria of having a seven year old debt
before and or after the date of enactment. Also, by adding these words it shows the congressional
intent.
We would like you to suggest to Hillary's office to add these words, or to add them as an amendment.
Pg. 26 of bill
‘‘(C) such debt is for an educational loan made, insured, or guaranteed by a governmental unit, or made
under any program funded in whole or in part by a governmental unit or nonprofit institution, after the
date of enactment of the Student Borrower Bill of Rights Act of 2006 and such loan first became due
more than 7 years (exclusive of any applicable suspension of the repayment period) before the date of
the filing of the petition;’’.
We want to add "before and or" to the original text to make the congressional intent for the legislation
retroactive.
The retroactive issue is most important to our organization. Our organization has it's own agenda to
directly push the 10 year statute of limitations and the 7 year bankruptcy language. We will not support
legislation that is not retroactive for both of the issues cited, as tens of millions of people are suffering
right now with this debt crisis and can't wait 7 years after enactment. As this language stands, no one
will be able to use this important bankruptcy reform for 7 years. We want people who have 7, 8, 9, 10 ...
Year old debt retroactively to be able to have this debt discharged. Who is to say that the bankruptcy
code won't be changed back within that 7 year period by the next incoming congress? It's too risky not
to go for our real goal here. We are not in this to make anyone just "look" like they are making a
serious reform.
Chris Young
National Civil Rights Coalition
401-284-0951
This a great report written by the National Consumer Law Center that shows support to "Restore a
Statute of Limitations" as stated on page 40 of the document below. NCRC also supports making The
Student Borrower Bill of Rights section (c) retroactive as discussed below. This is a great read!
"No Way Out," a report written by the NCLC
The most favorable legislative change NCRC supports is to overturn the elimination of the student loan
collection statute of limitations in 20 U.S.C. Section 1091a(a)(1) and replace it with a time limit (or
statute of limitations), presumably a ten year limit. (Note that prior to 1991, the time limit was six years.
However, it might make more sense to align the Higher Education Technical Amendments time limit
with the time limit of ten years in the Debt Collection Improvement Act).
NCRC wants to attach the below text to Hillary's Student Borrower Bill of Rights Act (s 3255) or the
House version or put it in as a separate bill or fold it into another bill. We want to amend 1091a(a)(1) as
follows :
Obligations to repay loans may be enforced at any time during the ten year period following the date of
default. This ten year limit on enforcement is to include debt defaulted before and or after the date of
enactment and applies to all actions to enforce or collect the loan obligation, including filing of lawsuits,
enforcement of judgments, any and all administrative offsets, including those authorized by 31 U.S.C.
3716, garnishment, or other action initiated or taken by-
AND HERE THEY CAN KEEP THE SAME LANGUAGE THAT IS IN 1091a(2)(A),(B),(C), (D).
The second main point we are trying to address is basically the way the Student Borrower Bill of Rights
(bill s 3255) reads now, on page 26 of the attached document. No one will be able to use this section (c)
until 7 years have passed, in the best case scenario, from the date of enactment of the Student
Borrower Bill of Rights. Adding the term "before and or" after the date of enactment..... will help those
who are currently in this debt crisis to retroactively use this criteria of having a seven year old debt
before and or after the date of enactment. Also, by adding these words it shows the congressional
intent.
We would like you to suggest to Hillary's office to add these words, or to add them as an amendment.
Pg. 26 of bill
‘‘(C) such debt is for an educational loan made, insured, or guaranteed by a governmental unit, or made
under any program funded in whole or in part by a governmental unit or nonprofit institution, after the
date of enactment of the Student Borrower Bill of Rights Act of 2006 and such loan first became due
more than 7 years (exclusive of any applicable suspension of the repayment period) before the date of
the filing of the petition;’’.
We want to add "before and or" to the original text to make the congressional intent for the legislation
retroactive.
The retroactive issue is most important to our organization. Our organization has it's own agenda to
directly push the 10 year statute of limitations and the 7 year bankruptcy language. We will not support
legislation that is not retroactive for both of the issues cited, as tens of millions of people are suffering
right now with this debt crisis and can't wait 7 years after enactment. As this language stands, no one
will be able to use this important bankruptcy reform for 7 years. We want people who have 7, 8, 9, 10 ...
Year old debt retroactively to be able to have this debt discharged. Who is to say that the bankruptcy
code won't be changed back within that 7 year period by the next incoming congress? It's too risky not
to go for our real goal here. We are not in this to make anyone just "look" like they are making a
serious reform.
Chris Young
National Civil Rights Coalition
401-284-0951
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