News & Analysis as of

Loan Forgiveness Student Loans Financial Services Industry

Orrick, Herrington & Sutcliffe LLP

Student loan servicer and trust could pay more than $5M in enforcement action with CFPB

On May 6, the CFPB filed a complaint against a Pennsylvania-based student loan servicer and 15 student loan trusts for alleged failure to properly respond to various borrower requests in violation of the CFPA. The complaint...more

Troutman Pepper

Troutman Pepper Weekly Consumer Financial Services Newsletter - February 2024 # 2

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To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week...more

Troutman Pepper

Department of Education Cancels $5B More in Unpaid Student Loans

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The U.S. Department of Education (ED) recently announced the approval of an additional $4.9 billion in student loan forgiveness for 73,000 individuals. The relief was provided through several modifications to the...more

Spilman Thomas & Battle, PLLC

Biden's Reforms and 813,000 Student-Loan Borrowers

The White House recently announced that approximately 813,000 borrowers whose accounts were adjusted in August 2023 will receive an email from President Biden that their loans are being forgiven. This is based on the U.S....more

Williams Mullen

PODCAST: Williams Mullen's Gavels & Gowns - Responding to Borrower Defense to Repayment Applications

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In this episode of Gavels & Gowns, an Education Law podcast, co-hosts Hal Johnson and Micah Schwartz discuss the U.S. Department of Education’s Borrower Defense to Repayment program, which involves federal student loan...more

Bricker Graydon LLP

BDR Activity on the Rise Amid Unclear Rules and an Executive Effort to Delete Student Loan Debt; Who will Pay the Tab?

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Borrower Defense to Repayment (BDR) refers to the administrative process by which borrowers apply to the U.S. Department of Education (ED) to have their federal Direct Loans discharged based on allegations of school...more

Troutman Pepper

Troutman Pepper Weekly Consumer Financial Services Newsletter - October 2023 #2

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To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week...more

Ballard Spahr LLP

Biden loan forgiveness alternatives face new challenge

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Less than six weeks after the U.S. Supreme Court held that President Biden lacked authority to advance his signature effort to forgive upwards of $430 billion in federal student loans, a new challenge has been filed to other...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Rules Against Biden Administration’s Student Loan Forgiveness Plan

On June 30, in Biden v. Nebraska, the Supreme Court ruled against the Biden administration’s student loan relief plan in a 6-3 decision. The plan, which was estimated to impact more than $430 billion of student loan...more

Dorsey & Whitney LLP

The Supreme Court Update - June 30, 2023

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Today, in the last day of the 2022-2023 term, the Supreme Court of the United States issued three decisions: Department of Education v. Brown, No. 22-535; Biden v. Nebraska, No. 22-506: These cases addressed suits...more

Orrick, Herrington & Sutcliffe LLP

CFPB scrutinizes discharged private student loan billing and collection practices

On March 16, the CFPB released a compliance bulletin discussing student loan servicers’ practice of collecting on private student loans discharged in bankruptcy. ...more

Venable LLP

Biden's Student Loan Forgiveness Plan in Peril

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The Supreme Court heard arguments on February 28, 2023 in two cases that will decide the future of President Biden's student loan forgiveness plan. The cases, Biden v. Nebraska and U.S. Department of Education v. Brown,...more

Orrick, Herrington & Sutcliffe LLP

Education Dept. releases IDR proposal

On January 10, the Department of Education (DOE) announced a notice of proposed rulemaking (NPRM) to reduce the cost of federal student loan payments. ...more

Spilman Thomas & Battle, PLLC

All Consuming - Financial Litigation Insights, Volume 3, Issue 12

Student Loans - Supreme Court Likely to Rule that Biden Student Loan Plan is Illegal, Experts Say. Here’s What that Means for Borrowers - “Long before the president acted, Republicans had criticized student loan...more

Spilman Thomas & Battle, PLLC

All Consuming - Financial Litigation Insights, Issue 10, 2022

A recent survey by PricewaterhouseCoopers revealed that U.S. executives now consider cyberattacks the number one risk their companies face. Concerns about cybersecurity have moved beyond the Chief Information Security Office...more

Akin Gump Strauss Hauer & Feld LLP

Biden-Harris Administration Extends Student Debt Repayment Moratorium in Light of Loan Forgiveness Litigation

As litigation surrounding the Biden-Harris administration’s student debt forgiveness plan persists, the administration announced an extension of the student loan repayment pause through June 30, 2023. In an announcement...more

Akin Gump Strauss Hauer & Feld LLP

Biden-Harris Administration Announces New Guidelines for the Discharge of Federal Student Loans

Last week, the Department of Justice (DOJ) and the Department of Education (DOE) distributed guidance to the legal community clarifying the process for the discharge of federal student loans in bankruptcy proceedings. The...more

Goodwin

CFPB Releases Supervisory Highlights Regarding Practices of Student Loan Servicers and University-Owned Lenders

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In September 2022, the Consumer Financial Protection Bureau (CFPB) released a special edition of Supervisory Highlights regarding recent examination findings related to student loan servicing. The Supervisory Highlights focus...more

Troutman Pepper

CFPB Signals Interest in Higher Education Lending Practices

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The Consumer Financial Protection Bureau (CFPB) recently issued a report, focused on the current student loan servicing market that laid out the results of several supervisory efforts related to student lending. Higher...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court and U.S. District Court Reject Legal Bids Contesting the Biden-Harris Administration’s Student Debt Relief Program

On Thursday, October 20, the Biden-Harris Administration’s Student Debt Relief Program prevailed in two early legal cases challenging the plan. Justice Amy Coney Barrett denied an emergency bid to obstruct the program from a...more

Akin Gump Strauss Hauer & Feld LLP

Biden-Harris Administration Opens Application for Student Debt Relief Program and Reports Eight Million Americans Have Already...

On the afternoon of Monday, October 17, President Biden announced via Twitter and press release that the Department of Education (DOE) has officially launched the application for its Student Debt Relief Plan. Borrowers can...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 5, 2022

Legal Challenges Mount for Biden’s Student Loan Debt Forgiveness Plan - “Six Republican-led states and a libertarian policy organization sued the Biden administration over its plan to cancel up to $20,000 in student loan...more

Akin Gump Strauss Hauer & Feld LLP

Biden-Harris Administration Releases Preview of the Student Debt Relief Application Form

On Tuesday, October 11, the Biden-Harris administration and the Department of Education (DOE) provided a preview of the student debt relief application they had announced earlier in the year. Published on the White House’s...more

McGlinchey Stafford

Student Loan Borrowers Beware: You May Owe State Tax on the Forgiven Debt Even If You Do Not Receive an IRS Form 1099-C

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As reported late last year, the IRS announced in Notice 2022-1 (Notice) that lenders are not required to, and should not, issue IRS Forms 1099-C when certain student loan debts are forgiven. The Notice was in response to...more

Akin Gump Strauss Hauer & Feld LLP

White House Announces Federal Student Loan Forgiveness Plan and Final Repayment Moratorium Extension

On Wednesday, August 24, the Biden-Harris administration and Department of Education announced a three-part student debt relief plan aimed at making the student loan system more manageable for those with existing student loan...more

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