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Fifth Circuit upholds injunction against borrower defense and closed school loan discharge rules

On April 4, 2024, the U.S. Court of Appeals for the Fifth Circuit ordered a federal district court to enter a nationwide preliminary injunction to enjoin the Department of Education (ED) from implementing the Biden...more

Department of Education embarks on negotiated rulemaking

On October 4, 2021, the U.S. Department of Education (ED) commenced the first of five negotiated rulemaking sessions. The five sessions are focused on the federal student financial aid programs authorized under Title IV of...more

U.S. Department of Education finalizes "borrower defense to repayment" rules effective 1 July 2020

On 23 September 2019 the U.S. Department of Education (ED) published final regulations concerning, among other things, "borrower defense to repayment" claims for federal student loans first disbursed on or after 1 July 2020,...more

Third time's the charm? – U.S. Department of Education issues additional Q&A on implementation of 2016 "borrower defense to...

The U.S. Department of Education (ED) has issued additional guidance in the form of several supplemental "questions and answers" related to implementation of ED's 2016 "borrower defense to repayment" regulations (BDTR...more

U.S. Department of Education provides additional, albeit limited, guidance on implementation of 2016 "borrower defense to...

On 3 June 2019 the U.S. Department of Education (ED) published a two-page Questions and Answers (Q&A) document to provide additional guidance to colleges and universities about aspects of the final regulations often referred...more

U.S. Department of Education Announces Further Delays to Borrower Defense to Repayment Regulations

On October 24, the U.S. Department of Education (“ED”) published an interim final rule to delay until July 1, 2018 the effective date of selected provisions of what have become known as the borrower defense to repayment...more

U.S. Department of Education Delays Borrower Defense to Repayment Regulations, Announces New Negotiated Rulemaking Committees

On June 14, the U.S. Department of Education (“ED”) announced its plan to convene negotiated rulemaking committees to consider revisions to two major sets of regulations that were developed by the Obama Administration. ED...more

U.S. Department of Education Publishes Procedures for Group Borrower Defense Claims

On 19 January, the U.S. Department of Education published regulations to establish procedural rules governing certain proceedings under the Department’s borrower defense regulations and to update the Department’s related...more

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