The US Department of Education published final regulations regarding the borrower defense to repayment rule in October 2022.
In late October 2022, the US Department of Education (ED) published final regulations regarding...more
On September 11, we published a detailed look at the portion of the Department of Education’s long-awaited revised Borrower Defense to Repayment Rule (BDTR) that focused on the elements directly impacting institutional...more
After announcing plans for a new rule last summer, only to miss the publication deadline, the Department of Education (ED) has – albeit still unofficially – issued its long awaited new update to the borrower defense to...more
Important note: These rules – except as described below – are applicable to All institutions participating in the Title IV programs.
The deadline for affected institutions to file reports with the Department of Education...more
Following a court ruling in September 2018 making the delayed Obama-era Borrower Defense to Repayment regulations immediately effective, the Department of Education has been promising guidance to institutions so they (and...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
Two years ago, we wrote about the Obama Administration’s proposed rules governing “Borrower Defense to Repayment,” based on one sentence in the Higher Education Act intended to protect federal student loan borrowers. Those...more
The Borrower Defense to Repayment (BDTR) Rule, which applies to all higher education institutions participating in the Federal Student Aid program – whether public, private nonprofit or for-profit – has been the subject of...more