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Showing posts with label borrower defense. Show all posts
Showing posts with label borrower defense. Show all posts

Friday, January 17, 2025

Biden-Harris Administration Announces Final Student Loan Forgiveness and Borrower Assistance Actions (US Department of Education)

Total Approved Student Debt Relief Reached Almost $189 Billion for 5.3 Million Borrowers

The Biden-Harris Administration today announced its final round of student loan forgiveness, approving more than $600 million for 4,550 borrowers through the Income-Based Repayment (IBR) Plan and 4,100 individual borrower defense approvals. The Administration leaves office having approved a cumulative $188.8 billion in forgiveness for 5.3 million borrowers across 33 executive actions. The U.S. Department of Education (Department) today also announced that it has completed the income-driven repayment payment count adjustment and that borrowers will now be able to see their income-driven repayment counters when they log into their accounts on StudentAid.gov. Finally, the Department took additional actions that will allow students who attended certain schools that have since closed to qualify for student loan discharges. 

“Four years ago, President Biden made a promise to fix a broken student loan system. We rolled up our sleeves and, together, we fixed existing programs that had failed to deliver the relief they promised, took bold action on behalf of borrowers who had been cheated by their institutions, and brought financial breathing room to hardworking Americans—including public servants and borrowers with disabilities. Thanks to our relentless, unapologetic efforts, millions of Americans are approved for student loan forgiveness,” said U.S. Secretary of Education Miguel Cardona. “I’m incredibly proud of the Biden-Harris Administration’s historic achievements in making the life-changing potential of higher education more affordable and accessible for more people.” 

From Day One the Biden-Harris Administration took steps to rethink, restore, and revitalize targeted relief programs that entitle borrowers to relief under the Higher Education Act but that failed to live up to their promises. Through a combination of executive actions and regulatory improvements, the Biden-Harris Administration produced the following results for borrowers: 

Fixed longstanding problems with Income-Driven Repayment (IDR). The Administration has approved 1.45 million borrowers for $57.1 billion in loan relief, including $600 million for 4,550 borrowers announced today for IBR forgiveness. 

IDR plans help keep payments manageable for borrowers and have provided a path to forgiveness after an extended period. These plans started in the early 1990s, but prior to the Biden-Harris Administration taking office, just 50 borrowers had ever had their loans forgiven. The Administration corrected longstanding failures to accurately track borrower progress toward forgiveness and addressed past instances of forbearance steering whereby servicers inappropriately advised borrowers to postpone payments for extended periods of time. These totals also include borrowers who received forgiveness under the Saving on a Valuable Education (SAVE) plan prior to court orders halting forgiveness under the SAVE plan. 

Today, the Department also announced the completion of the IDR payment count adjustment, correcting eligible payment counts. While the payment count adjustment is now complete, borrowers who were affected by certain servicer transitions in 2024 may see one or two additional months credited in the coming weeks. The Department is also launching the ability for borrowers to track their IDR progress on StudentAid.gov. Borrowers can now log in to their accounts and see their total IDR payment count and a month-by-month breakdown of progress.   

Restored the promise of Public Service Loan Forgiveness (PSLF). The Administration has approved 1,069,000 borrowers for $78.5 billion in forgiveness.  

The PSLF Program provides critical support to teachers, service members, social workers, and others engaged in public service. But prior to this Administration taking office, just 7,000 borrowers had received forgiveness and the overwhelming majority of borrowers who applied had their applications denied. The Biden-Harris Administration fixed this program by pursuing regulatory improvements, correcting long-standing issues with tracking progress toward forgiveness and misuse of forbearances, and implementing the limited PSLF waiver to avoid harm from the pandemic. 

Automated discharges and simplified eligibility criteria for borrowers with a total and permanent disability. The Administration has approved 633,000 borrowers for $18.7 billion in loan relief. 

Borrowers who are totally and permanently disabled may be eligible for a total and permanent disability (TPD) discharge. The Biden-Harris Administration changed regulations to automatically forgive loans for eligible borrowers based upon a data match with the Social Security Administration (SSA). This helped hundreds of thousands of borrowers who were eligible for relief but hadn’t managed to navigate paperwork requirements. The Department also made it easier for borrowers to qualify for relief based upon SSA determinations, made it easier to complete the TPD application, and eliminated provisions that had caused many borrowers to have their loans reinstated. 

Delivered long-awaited help to borrowers ripped off by their institutions, whose schools closed, or through related court settlements. The Administration has approved just under 2 million borrowers for $34.5 billion in loan relief.  

For years, students had sought relief from the Department through borrower defense to repayment—a provision that allows borrowers to have their loans forgiven if their college engaged in misconduct related to the borrowers’ loans. The Department delivered long-awaited relief to borrowers who attended some of the most notoriously predatory institutions to ever participate in the federal financial aid programs. This included approving for discharge all remaining outstanding loans from Corinthian Colleges, as well as group discharges for ITT Technical Institute, the Art Institutes, Westwood College, Ashford University, and others. The Department also settled a long-running class action lawsuit stemming from allegations of inaction and the issuance of form denials, allowing it to begin the first sustained denials of non-meritorious claims. 

Today, the Department also approved 4,100 additional individual borrower defense applications for borrowers who attended DeVry University, based upon findings announced in February 2022.  

“For decades, the federal government promised to help people who couldn’t afford their student loans because they were in public service, had disabilities, were cheated by their college, or who had completed decades of payments. But it rarely kept those promises until now,” said U.S. Under Secretary of Education James Kvaal. “These permanent reforms have already helped more 5 million borrowers, and many more borrowers will continue to benefit.” 

The table below compares the progress made by the Biden-Harris Administration in these key discharge areas compared to other administrations. 

 Borrowers approved for forgiveness 
 Prior Administrations Biden-Harris Administration 
Borrower Defense (Since 2015) 53,500 1,767,000* 
Public Service Loan Forgiveness (Since 2017) 7,000 1,069,000 
Income-Driven Repayment (all-time) 50 1,454,000 
Total and Permanent Disability (Since 2017) 604,000 633,000 

* Includes 107,000 borrowers and $1.25 billion captured by an extension of the closed-school lookback window at ITT Technical Institute.  

Additional actions related to closed school discharges 

The Department today also announced additional actions that will make more borrowers eligible for a closed school loan discharge. Generally, a borrower qualifies for a closed school discharge if they did not complete their program and were either still enrolled when the school closed or left without graduating within 120 days before it closed. . However, the Department has determined that several schools closed under exceptional circumstances that merit allowing borrowers who did complete and were enrolled in the school more than 120 days prior to the closure to qualify for a closed school discharge. justify extending the look-back window beyond the applicable 120 or 180 days--allowing additional borrowers to qualify for a closed school discharge. Generally, eligible borrowers will have to apply for these discharges, but the Secretary has directed Federal Student Aid to make borrowers aware of their eligibility, and to pursue automatic discharges for those affected by closures that took place between 2013 and 2020 and who did not enroll elsewhere within three years of their school closing. 

These adjusted look-back windows are: 

  • To May 6, 2015, for all campuses owned at the time by the Career Education Corporation (CEC), which have since closed. That is the day CEC announced it would close or sell all campuses except for two brands. This affected the Art Institutes, Le Cordon Bleu, Brooks Institute, Missouri College, Briarcliffe College, and Sanford-Brown. 
  • To December 16, 2016, for campuses owned by the Education Corporation of America (ECA) on that date that closed. ECA operated Virginia College, Brightwood College, EcoTech, and Golf Academies and started on the path to closure after its accreditation agency lost federal recognition and ECA could not obtain accreditation elsewhere. 
  • To October 17, 2017 for all campuses owned or sold on that date by the Education Management Corporation (EDMC) and that later closed. That is the day EDMC sold substantially all of its assets to Dream Center Educational Holdings. The decision affects borrowers who attended the Art Institutes, including the Miami International University of Art & Design and Argosy University.  
  • To April 23, 2021, for Bay State College. That is the day this Massachusetts-based college began to face significant accreditation challenges, which eventually led to the school losing accreditation and closing in August 2023. 

Borrowers who want more information about closed school discharge, including how to apply, can visit StudentAid.gov/closedschool

A state-by-state breakdown of various forms of student debt relief approved by the Biden-Harris Administration is available here.

Sunday, December 8, 2024

University of Phoenix: An Albatross for Idaho?

The University of Phoenix will be back in Idaho District Court in 2025 unless Apollo Global Management can find another buyer for the school. Apollo Group, the primary owner of the University of Phoenix, has been trying to unload the school for years.  

Although the University of Phoenix appears to be a profitable institution, it has potential liabilities, including hundreds of millions of dollars in Borrower Defense to Repayment (fraud) claims that the US Department of Education could claw back from the parent owner. While this risk may be seriously reduced over the next four years, that danger could rise again under a progressive administration. 

As of 2023, there were approximately 73,000 Borrower Defense claims against the school. More than 19,000 Borrower Defense claims were approved for student debtors who attended the University of Phoenix and were part of the Sweet v Cardona settlement. Many of the remaining claims are still awaiting a decision from the Department of Education.  

University of Phoenix debtors are saddled with an estimated $21.6 Billion in student loan debt. 

The University of Phoenix has been involved in a number of lawsuits over the last decade. In 2019, the Federal Trade Commission and the University of Phoenix settled a claim for $191M for deceptive employment claims, but the school denied any wrongdoing.


Friday, November 29, 2024

Seventh Quarterly Report under Settlement Agreement in Sweet, et al. v. Cardona (US Department of Education)

The latest report regarding Borrower Defense to Repayment settlements has been published. National Student  Loan Data System records indicate that discharges have been fully processed for at least 195,5908 Class Members eligible for relief. Refunds have been fully processed for at least 194,782 Class Members eligible for relief.  

Borrower Defense to Repayment is a debt forgiveness strategy for consumers if they believe they were defrauded by a school and can document that fraud. The Project on Predatory Student Lending (PPSL) has provided assistance to thousands of consumers defrauded by for-profit colleges and still offers help

For consumer support regarding about Borrower Defense claims, we also recommend joining the r/Borrower Defense group on Reddit.  

Wednesday, November 27, 2024

List of Schools with Strong Indicators of Misconduct, Evidence for Borrower Defense Claims

Here (below) is a list of schools where there are strong indicia of misconduct, per the Department of Education and/or the Department of Justice. 

Student loan debtors who have attended these schools, and believe they were defrauded, are encouraged to file Borrower Defense to Repayment claims if they haven't already. 

More than 750,000 Borrower Defense fraud claims have been filed, and tens of thousands have resulted in debt forgiveness. Folks can also join the r/BorrowerDefense group on Reddit for support and guidance.  

Alta Colleges, Inc. (Westwood)

  • Westwood College

American Commercial Colleges, Inc.

  • American Commercial College

American National University

  • American National University

Ana Maria PiƱa Houde and Marc Houde

  • Anamarc College

Anthem Education Group (International Education Corporation)

  • Anthem College
  • Anthem Institute

Apollo Group

  • University of Phoenix
  • Western International University

ATI Enterprises

  • ATI Career Training Center
  • ATI College
  • ATI College of Health
  • ATI Technical Training Center

Baker College

B&H Education, Inc.

  • Marinello School of Beauty

Berkeley College (NY)

  • Berkeley College

Bridgepoint Education

  • Ashford University
  • University of the Rockies

Capella Education Company (Strategic Education, Inc.)

  • Capella University

Career Education Corporation

  • American InterContinental University
  • Briarcliffe College
  • Brooks College
  • Brooks Institute
  • Collins College
  • Colorado Technical University
  • Gibbs College
  • Harrington College of Design
  • International Academy of Design and Technology
  • Katharine Gibbs School
  • Le Cordon Bleu
  • Le Cordon Bleu College of Culinary Arts
  • Le Cordon Bleu Institute of Culinary Arts
  • Lehigh Valley College
  • McIntosh College
  • Missouri College of Cosmetology North
  • Pittsburgh Career Institute
  • Sanford‐Brown College
  • Sanford‐Brown Institute
  • Brown College
  • Brown Institute
  • Washington Business School
  • Allentown Business School
  • Western School of Health and Business Careers
  • Ultrasound Diagnostic Schools
  • School of Computer Technology
  • Al Collins Graphic Design School
  • Orlando Culinary Academy
  • Southern California School of Culinary Arts
  • California Culinary Academy
  • California School of Culinary Arts
  • Pennsylvania Culinary Institute
  • Cooking and Hospitality Institute of Chicago
  • Scottsdale Culinary Institute
  • Texas Culinary Academy
  • Kitchen Academy
  • Western Culinary Institute

Center for Employment Training

  • Center for Employment Training

Center for Excellence in Higher Education (CEHE)

  • California College San Diego
  • CollegeAmerica
  • Independence University
  • Stevens‐Henager

Corinthian Colleges, Inc.

  • American Motorcycle Institute
  • Ashmead College
  • Blair College
  • Bryman College
  • Bryman Institute
  • CDI College
  • Duff's Business Institute
  • Eton Technical Institute
  • Everest
  • Everest University Online
  • Everest College Phoenix
  • Florida Metropolitan University
  • Georgia Medical Institute
  • Heald College
  • Kee Business College
  • Las Vegas College
  • National Institute of Technology
  • National School of Technology
  • Olympia Career Training Institute
  • Olympia College
  • Parks College
  • Rochester Business Institute
  • Sequoia College
  • Tampa College
  • Western Business College
  • WyoTech

Computer Systems Institute

  • Computer Systems Institute

Court Reporting Institute, Inc.

  • Court Reporting Institute

Cynthia Becher

  • La' James College of Hairstyling
  • La' James International College

David Pyle

  • American Career College
  • American Career Institute

Delta Career Education Corporation

  • McCann School of Business & Technology
  • Miami‐Jacobs Career College
  • Miller Motte Business College
  • Miller‐Motte College
  • Miller‐Motte Technical College
  • Tucson College

DeVry

  • American University of the Caribbean
  • Carrington College
  • Chamberlain University
  • DeVry College of Technology
  • Devry Institute of Technology
  • DeVry University
  • Keller Graduate School of Management
  • Ross University School of Veterinary Medicine
  • Ross University School of Medicine

EDMC/Dream Center

  • Argosy University
  • The Art Institute (including The Art Institute of Atlanta, The Art Institute of California, and more)
  • Brown Mackie College
  • Illinois Institute of Art
  • Miami International University of Art & Design
  • New England Institute of Art
  • South University
  • Western State University College of Law

Education Affiliates (JLL Partners)

  • All‐State Career School
  • Fortis College
  • Fortis Institute

Edudyne Systems Inc.

  • Career Point College

Empire Education Group

  • Empire Beauty School

Everglades College, Inc.

  • Everglades University
  • Keiser University

FastTrain

  • FastTrain

Full Sail University

Globe Education Network

  • Globe University
  • Minnesota School of Business

Graham Holdings Company (Kaplan)

  • Bauder College
  • Kaplan Career Institute
  • Kaplan College
  • Mount Washington College
  • Purdue University Global

Grand Canyon Education, Inc.

  • Grand Canyon University

Infilaw Holding, LLC

  • Arizona Summit Law School
  • Charlotte School of Law
  • Florida Coastal School of Law

International Education Corporation

  • Florida Career College
  • United Education Institute

ITT Educational Services Inc.

  • ITT Technical Institute

JTC Education, Inc.

  • Gwinnett College
  • Medtech College
  • Radians College

Laureate Education, Inc

  • Walden University

Leeds Equity Partners V, L.P.

  • Florida Technical College
  • National University College
  • NUC University

Liberty Partners

  • Concorde Career College
  • Concorde Career Institute

Lincoln Educational Services Corporation

  • International Technical Institute
  • Lincoln College of Technology
  • Lincoln Technical Institute

Mark A. Gabis Trust

  • Daymar College

Mission Group Kansas, Inc.

  • Wright Business School
  • Wright Career College

Premier Education Group L.P.

  • American College for Medical Careers
  • Branford Hall Career Institute
  • Hallmark Institute of Photography
  • Hallmark University
  • Harris School of Business
  • Institute for Health Education
  • Micropower Career Institute
  • Suburban Technical School
  • Salter College

Quad Partners LLC

  • Beckfield College
  • Blue Cliff College
  • Dorsey College

Remington University, Inc. (Remington College)

  • Remington College

Southern Technical Holdings, LLC

  • Southern Technical College

Star Career Academy

  • Star Career Academy

Strayer University

Sullivan and Cogliano Training Center, Inc.

  • Sullivan and Cogliano Training Centers

TCS Education System

  • Chicago School of Professional Psychology

Vatterott Educational Centers, Inc.

  • Court Reporting Institute of St Louis
  • Vatterott College

Wilfred American Education Corp.

  • Robert Fiance Beauty Schools
  • Robert Fiance Hair Design Institute
  • Robert Fiance Institute of Florida
  • Wilfred Academy
  • Wilfred Academy of Beauty Culture
  • Wilfred Academy of Hair & Beauty Culture

Willis Stein & Partners (ECA)

  • Brightwood Career Institute
  • Brightwood College
  • New England College of Business and Finance
  • Virginia College

Saturday, November 9, 2024

Idaho-University of Phoenix deal has fallen below the radar

For more than four months, neither the University of Idaho nor the University of Phoenix have reported on the status of the proposed deal between the two parties. The last local media report, from the Idaho Ed News came in July, when the University of Phoenix said they were still committed to partnering with Idaho.

The University of Idaho's University of Phoenix Affiliation FAQ page has not been updated and some of the information is obviously outdated. For example, the webpage said that the UI-UoPX sale was expected to be consummated in early 2024. That did not happen.    

 

Screen shot of the University of Phoenix Affiliation FAQ on November 9, 2024. 

Legislative and judicial barriers have delayed the acquisition and the deal remains in limbo. 

In June, the U of I Board of Regents extended the Asset Purchase Agreement through June 10, 2025. The extension allows the University of Idaho to continue negotiating with the University of Phoenix and to incorporate feedback from stakeholders. It would appear that any sale would require approval from the Idaho Legislature, which meets again in January 2025. In the interim, many important questions remain unanswered.

Despite its commitment, Apollo Global Management, the University of Phoenix's parent company, could sell the school to another buyer. But there has been no public mention (or even hints) of an alternative suitor. Since 2021, Apollo has tried selling the school to a number of buyers, most notably Tuskegee University, UMass Global, and the University of Arkansas System. The only deal to be made public before Idaho was in Arkansas, where concerns about the sale led to the deal falling through.

Information on how the school could be purchased continues to be limited. After a previous bond deal in Arizona fell through, the National Finance Authority (NFA) agreed to participate in the UI-UoPX financing. But there is no public information about how the bonds would be structured. Moody's previously said the $685 million purchase could result in a "multi-notch downgrade" in the University of Idaho's bond rating. 

According to the US Department of Education, more than 900,000 University of Phoenix debtors owe about $21.6B in federal student loan debt. And there have been more than 73,000 Borrower Defense to Repayment (fraud) claims made against the school.

The University of Idaho has previously said that any federal obligations for Borrower Defense to Repayment claims would be handled in court, even though more than 19,000 cases have already been settled in federal court, in favor of the student loan debtors. No matter how this could be handled legally, lawsuits related to the University of Phoenix could tarnish the image of the University of Idaho.