In a decision affecting the ever-shifting legal and regulatory dynamics of Borrower Defense to Repayment (BDR) claims, the Fifth Circuit postponed the effective date of a Biden administration plan to expand student debt...more
The Second Circuit Court of Appeals released a new decision in the NYLAG v. Cardona et al. case that may have implications for the everchanging legal and regulatory environment of Borrower Defense to Repayment (BDR) claims....more
Over the past several months, institutions of higher education (IHE) have seen an influx of Borrower Defense to Repayment (BDR) applications from former students....more
Higher education clients who accept federal student loans may have recently received emails from the Department of Education (“Department”) notifying them of borrower defense claims seeking to avoid loan repayment obligations...more
Our Education Team examines how the Borrower Defense Rule is again expanding under the Biden Administration, beginning with a huge decision involving, for the first time, for-profit schools that are still operating. Nearly...more
Culminating two years of negotiated rulemaking, the U.S. Department of Education (the Department) published on Aug. 30, 2019, new "Institutional Accountability" regulations that apply to all federal student loans disbursed...more
• Recently released guidance from the U.S. Department of Education's Office of Federal Student Aid (FSA) confirms that both private and public institutions of higher education must report litigation, settlements and other...more
The many-headed Obama-era 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...more