Menendez proposes student-loan default protections

Menendez proposes student-loan default protections


By:  Reuben Kramer
Press of Atlantic City


Sen. Robert Menendez on Wednesday introduced a bill to prevent student-loan lenders from automatically declaring loans in default and demanding payment in full when the borrowing student or student’s co-signer dies.

The death of a borrower or co-signor in many cases can trigger a default, even if loan payments are current, according to the federal Consumer Financial Protection Bureau.

The bill, first introduced by the late Sen. Frank Lautenberg in 2009, bars lenders “from automatically declaring a default or accelerating the obligations on an otherwise performing loan upon the death, disability, or bankruptcy of a co-signer” and bars lenders “from declaring a default or acceleration upon the death, disability, or bankruptcy of the student if the co-signer continues to meet all payment obligations under the loan,” according to a news release from Menendez's office.

The proposed legislation – the Christopher Bryski Student Loan Protection Act – is named in honor of New Jersey college student who died in 2006 from a brain injury.

“Christopher's family was blindsided with tens of thousands of dollars in student loan debt they were obligated to repay his private lender, because Christopher’s father had co-signed his loan and they were unaware of their obligations if such a tragic event were to occur,” the release said.

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