Tag: Borrower Defense to Repayment

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.

New Student Debt Standards Could Allow Massive Loan Forgiveness

Jonathon Glass, Mike Goldstein and Kate Lee Carey

This memo discusses the new federal standards for students to have their federal loans forgiven under the Final Draft of the BDTR Rule. 

Negotiations on New Defense to Repayment Rules Fail: It’s All Up to ED Now

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

Following a highly charged, often contentious three days of debate, the third session of the Negotiated Rulemaking on Borrower Defense to Repayment (DTR) ended as it started, without consensus. The Department of Education (ED) is now free to promulgate the regulations it wants, entirely independent of the DTR negotiations.

ED Adds New Letter of Credit Requirements to Student Loan Negotiations

Jonathon Glass and Kate Lee Carey

The US Department of Education and appointed negotiators representing higher education and legal groups are preparing for the second round of negotiations to expand the “Borrower Defense to Repayment” regulations, with the next session to run from Wednesday, February 17 through Friday, February 19.

Pending Rulemaking Likely to Expand Borrower Defenses Against Repaying Federal Direct Loans

Jonathon Glass and Kate Lee Carey

The US Department of Education (ED) is preparing for a new rulemaking that is intended to clarify—and very likely expand—the ability of student borrowers to be relieved of the obligation to repay their Federal Direct Loans.