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Blog: Borrower Defense to Repayment Rule 3.0 – Part II: Student Relief

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

Blog: Borrower Defense to Repayment Rule 3.0

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

Blog: Reminder: Reporting of Borrower Defense to Repayment Financial Responsibility Triggers Due May 14

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

Blog: Just in Time for Halloween: The Return of the Borrower Defense Rule of 2016

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

Blog: Borrower Defense to Repayment: The Saga Continues

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

Blog: As the Department of Education Revisits the Gainful Employment Rule California Legislators Propose a State Alternative

With continued questions about the Trump Administration’s commitment to Obama-era regulations, including the Gainful Employment (GE) Rule, one state is ready to jump into the fray and offer its own state-based alternative to...more

Alert: ED Issues Sweeping Proposed Rules on Borrower Defense

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...more

Alert: Challenges to Gainful Employment Student Completer Lists Due July 28

The US Department of Education has set the deadline for institutions to file corrections to their "student completer lists" as the next major step in ED's effort to publish the first set of rates under the Gainful Employment...more

Alert: Rulemaking Panel Proposes Process for Student Debt Forgiveness Under BDTR

This is the third in a series of Cooley client alerts that discuss issues raised during the Borrower Defense to Repayment (BDTR) Negotiated Rulemaking. Our first alert discussed the Negotiated Rulemaking itself, and the...more

Alert: New Student Debt Standards Could Allow Massive Loan Forgiveness

While the Negotiated Rulemaking has concluded, the issues embedded in the Borrower Defense to Repayment regulation (BDTR Rule) remain under active discussion within the US Department of Education and promise to change the...more

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

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...more

Alert: ED Adds New Letter of Credit Requirements to Student Loan Negotiations

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...more

Alert: Beware of Predatory Student Debt Relief Advertisements that Target Your School

In a recent trend, student debt relief scammers are engaging in aggressive marketing tactics by placing advertisements that target student loan borrowers from a specific institution of higher education. These advertisements...more

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

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....more

Alert: Seven Steps To Prepare For The New Gainful Employment Rule

The Gainful Employment Rules became effective on July 1, 2015, and you probably already know that your institution has a deadline to report six years' worth of institutional, student and financial data to the Department of...more

Alert: No 11th Hour Reprieve: GE Rules Upheld

With a second court ruling in late June in favor of the U.S. Department of Education, the Gainful Employment Rules ("GE Rules") took effect on July 1, 2015. The GE Rules will, ultimately, provide new challenges to the...more

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