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I think they need to more explicitly define what "undue hardship" is, just so that the law can do what it's supposed to do without leaving it completely in the hands of judges. The law is already on the books, it just needs to be clarified, and standards of what "undue hardship" is need to be established. Doing that isn't a free pass to default--or shouldn't be, at the very least.
And there is a surprising amount of ability to negotiate with private lenders--I have loans serviced through Sallie Mae, and while I feel some of their business practices aren't the best, they've done a fairly good job of being flexible with me in terms of repayment. But I have a safety net that other people do not have when times get tough.
But no, I don't believe you should be able to default on student loans unless you can demonstrate "undue hardship" as it is defined--the problem is that it isn't defined.
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If I am not better, at least I am different. --Jean-Jacques Rousseau
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