[Congressional Record Volume 156, Number 133 (Wednesday, September 29, 2010)]
[Extensions of Remarks]
[Pages E1781-E1782]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             CHRISTOPHER BRYSKI STUDENT LOAN PROTECTION ACT

                                 ______
                                 

                               speech of

                           HON. JOHN H. ADLER

                             of new jersey

                    in the house of representatives

                      Tuesday, September 28, 2010

  Mr. ADLER of New Jersey. Mr. Speaker, I rise today to support the 
passage of H.R. 5458.
  Like all of my colleagues, I receive thousands of pieces of mail a 
week. When a letter from my constituent Ryan Bryski came across my desk 
I knew I had to act.
  Ryan's brother Christopher, for whom this bill is named, was a young 
man attending Rutgers University when he suffered a traumatic brain 
injury after an accidental fall.
  Christopher was in a vegetative state for 2 years before his passing 
in 2006.
  For a parent, that situation would have been enough to endure, but 
for the Bryski family, their suffering was far more than just the loss 
of their youngest son.
  Like most college students, Christopher had to borrow money to 
finance his education.
  He had received loans through both the Federal Government as well as 
a private lender. Like most college aged kids, Christopher did not have 
enough credit to receive a private loan on his own, so his father 
Joseph cosigned his loan.
  Federal loans discharge upon the death of a student, however private 
loans do not. Since Joseph cosigned Christopher's loan he was now 
responsible to pay it back in full.
  This situation puzzled the Bryski family because nowhere in their 
loan contract was a clause specifying what would happen to the loan 
upon the borrower or cosigner's death or disability.
  Their lender told them that according to the bank Christopher's 
persistent vegetative state and subsequent death was a simple 
``inability to pay,'' so the financial burden was placed on Joseph.
  This was not the only problem the Bryskis encountered after their 
son's fatal accident.
  Due to the fact that Christopher was over 18 when he left home to 
attend school he was, according to the law, an adult who was able to 
make his own financial, legal, and health care decisions.
  With Christopher in a vegetative state, his parent needed to maintain 
his financial standing with his school, as well as pay his bills and 
fulfill all of his contracts.
  The Bryskis spent countless time and money regaining custody of their 
own son so that they could prevent him from defaulting on other bills 
in case he should recover.
  They were not only being responsible parents, but responsible 
Americans.
  The Bryskis also endured a personal interview of Christopher, so that 
the courts could be sure Christopher was indeed unable to make 
decisions on his behalf. Literally, someone from the court came to 
Christopher's hospital room and yelled in his face to ensure that he 
would not respond and he was indeed in a vegetative state.
  As a father of 4 boys, 2 of whom are in college, I cannot imagine 
going through what the Bryskis went through.
  This is why I introduced H.R. 5458 the Christopher Bryski Student 
Loan Protection Act or Christopher's Law.
  This bill would help prevent other families from going through what 
the Bryskis did by ensuring that private educational lenders clearly 
describe the obligations of borrowers and cosigners upon their death or 
disability--what the banks call ``an inability to pay.'' The rest of us 
would call it a family tragedy.
  Christopher's Law will also urge the Federal Reserve Board to adopt 
and interpret the same definitions of death and disability as the 
Department of Education, mainstreaming and clarifying the law.
  This bill does not require that private loans be discharged in case 
of death or disability. It simply requires private educational lenders 
to define death and disability so that borrowers and cosigners can 
refer to these definitions should a catastrophe happen to their family.

[[Page E1782]]

  It also states that the private education lender as well as the 
Federal Government must provide information on creating a durable power 
of attorney to handle the borrower's financial affairs should the 
borrower be unable to make those decisions on their own.
  In other words, borrower and lender must be on the same page.
  Since I introduced this legislation I have been approached by other 
families in my district with the same problems the Bryskis encountered.
  Giving students and their families more choices to protect them 
against disability or death is an important step. Our ultimate goal 
should be giving all students and families this protection. I would 
urge lenders to consider looking at student loan debt forgiveness in 
the case of death or disability as the Federal Government does. This is 
also an area where the new Consumer Financial Protection Bureau could 
play a role, and that agency does not need to wait for an act of 
Congress.
  I believe this is a common-sense bipartisan piece of legislation that 
deserves the support of this entire body.
  I would like to thank Chairman Miller and Chairman Frank for bringing 
this important legislation to the floor.
  I urge its passage.

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