Tag: BDTR

Borrower Defense to Repayment Rule 3.0 – Part II: Student Relief

Kate Lee Carey, Jonathon Glass and Mike Goldstein

Our second blog post about the Borrower Defense to Repayment Rule focuses on the impact of the new rule on Direct Loan borrowers and the bases for borrower defense claims and how those claims will be processed.

Borrower Defense to Repayment Rule 3.0

Kate Lee Carey, Jonathon Glass and Mike Goldstein

After announcing plans for a new rule last summer, the Department of Education has, unofficially, issued its long awaited new update to the borrower defense to repayment rule.

At Long Last…ED Issues Guidance Regarding Implementation of the 2016 Borrower Defense to Repayment Rules

Kate Lee Carey

The Department of Education has issued guidance to institutions on the Borrower Defense to Repayment regulations.

Just in Time for Halloween: The Return of the Borrower Defense Rule of 2016

Kate Lee Carey, Jonathon Glass, Mike Goldstein and Vince Sampson

The Borrower Defense to Repayment Rule is back, thanks to a September 17 federal court order that overturned Secretary DeVos’ action suspending implementation of the existing rule, followed by the October 16 final order denying CAPPS’ request for injunctive relief.

Borrower Defense to Repayment: The Saga Continues

Jonathon Glass and Kate Lee Carey

The Department of Education has published a new notice of proposed rulemaking for the BDTR law. Comments on the proposed new rule are due August 30.

Department of Education Pushes Back Effective Date of Borrower Defense Rule – Again

Mike Goldstein and Kate Lee Carey

The drama surrounding the US Department of Education’s Borrower Defense to Repayment Rule continues, with the date the rule would come into effect now delayed to July 1, 2019. 

Department Holds Hearings and Comment Period on Neg Reg Agenda

Vince Sampson and Nancy Anderson

The Department of Education holds hearing to hear comments regarding the agenda for the upcoming negotiated rulemaking.

Cooley Team at NASFAA

Blain Butner, Marjorie Arrington, Rebecca Flake, Pat Dickerson, Kate Lee Carey, Naomi Harralson May and Joseph Mensah

The 2017 NASFAA National Conference is June 26-29 in San Diego, California. The annual NASFAA conference brings together 2,500+ student aid professionals from across the nation. Members of the Cooley team will be presenting throughout the conference.

Department of Education Delays Borrower Defense Rules and Proposes Reset on Gainful Employment

Vince Sampson and Nancy Anderson

The Department announced today that it will delay Borrower Defense and will convene a new “Mega Neg Reg,” which will include Borrower Defense and Gainful Employment.

All Institutions Face New Risks Under ED’s Final Borrower Defense Rule

Jonathon Glass, Mike Goldstein and Kate Lee Carey

BDTR is likely to be one of the final major regulatory initiatives under the Obama administration, and one that will be in pre-effective date status on January 20th when Donald Trump becomes President.

What Independent Colleges Need to Know About the Forthcoming BDTR Rules

Kate Lee Carey, Jonathon Glass and Naomi Harralson May

Before the end of this month, the U.S. Department of Education (ED) is expected to issue a new set of regulations to provide students and former students with expanded rights to avoid having to repay their federal loans based on certain acts or omissions of the institutions they attended.

ED Issues Sweeping Proposed Rules on Borrower Defense

Jonathon Glass, Mike Goldstein and Kate Lee Carey

Almost four months after the marathon negotiated rulemaking ended in March without consensus, the US Department of Education (ED) has released a massive Notice of Proposed Rulemaking describing how it plans to refocus the rules governing the Borrower Defense to Repayment (BDTR) provision of the Higher Education Act (HEA).