Tag: Borrower Defense to Repayment
Lurking Behind the Headline: Significant Regulatory Changes Beyond Gainful Employment in ED’s Latest NPRM
Nancy Anderson , Kate Lee Carey and Caitlyn Shelby
The Department of Education published a substantial NPRM on May 19, which includes a new iteration of the Gainful Employment rules.
Borrower Defense to Repayment 4.0
Kate Lee Carey and Jasmine Lee
The US Department of Education published final regulations regarding the borrower defense to repayment rule in October 2022.
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
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.
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).
Rulemaking Panel Proposes Process for Student Debt Forgiveness Under BDTR
Jonathon Glass, Mike Goldstein and Kate Lee Carey
This memo discusses the proposed process for students to file claims to have their federal loans forgiven, as well as the role of institutions in that process, under the Final Draft of the BDTR Rule.