student loan debt, Student Loans

Navient Student Loan Settlement Focuses on Delinquent Borrowers

A settlement has been reached as of January 13, 2022, involving student loan servicing company, Navient, and approximately 400,000 student loan borrowers. This settlement provides some much-needed debt relief to hundreds of thousands of delinquent borrowers.

The lawsuit alleges that Navient encouraged student loan borrowers who were behind on their loan payments to enter into costly long-term forbearance programs that kept them in debt. Additionally, borrowers alleged that Navient likewise encouraged them to take on private loans which the borrowers were not able to pay back. To hold the loan servicing company accountable, lawsuits were filed by several states and were joined by 39 attorneys general.

The settlement specifically focuses on student borrowers who took out loans to attend for-profit colleges between the years 2002 and 2014. In the settlement, Navient said they will cancel $1.7 billion in private student loan debt for approximately 66,000 borrowers. In addition, they said they would pay $95 million in restitution for 350,000 federal student loan borrowers.

The goal of this settlement and the reason behind the lawsuit is to prevent predatory lending practices is accused of doing to borrowers.  The lawsuit claimed that Navient encouraged borrowers who were not able to make their loan payments to enter forbearance programs instead of income-drive repayment plans. While forbearance programs do help borrowers in a temporary bind, they end up being much costlier in the long run and can often push the borrower even deeper into debt. Investigations into Navient practices found that employees in the call center were pushed to recommend borrowers go into forbearance programs instead of recommending programs that would be much better for the borrower’s financial situation.

Another predatory practice found through investigations into Navient’s practices involved pushing borrowers to apply for subprime private student loans even knowing that the borrowers had low credit and a high likelihood that they would not be able to repay the private loans.  Most students who took out these private loans were attending for-profit institutions. However, under federal law, school tuition payments must be at least 90 percent federally funded, therefore making the schools more dependent on federal funding instead of private.

Navient adamantly denied the claims in the lawsuit. They stated the settlement was entered into to avoid financial burden and time in litigation.

Borrowers who are eligible for debt cancellation under the settlement include those who took out private subprime student loans between 2002 and 2014. These loans were mostly taken out through Navient’s predecessor, Sallie Mae. Loan cancellation is available for borrowers who were behind on their private loan payments for at least seven consecutive months prior to June 30, 2021. If a borrower was current on his or her loan obligations, that person would not be eligible for cancellation.

In addition, borrowers who received a non-subprime private student loan to attend a for-profit educational institution listed specifically in the settlement, including DeVry University and University of Phoenix, are also eligible for debt cancellation.

Debt cancellation will be available for borrowers from 38 states and the Washington D. C., who took out federal loans through Navient and were in forbearance for at least two years between 2009 and 2017.

Please click here to read more.

For borrowers who are struggling with student loan debt, relief options are available.  Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. There are ways to file for bankruptcy with student loan debt.  It is important you contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade Garcia McMaken has been helping people from all walks of life build a better tomorrow. Our attorneys help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com.

student loan debt, Student Loans

4 Student Loan Relief Measures that should be Implemented if Payment Pause Is Not Extended

It remains unclear whether the student loan repayment pause will be extended by President Biden. Two primary economic concerns urge the delay of payments past Feb. 1: Rising Omicron cases could jeopardize workers’ return to work, and given the pandemic-exacerbated racial disparities, borrowers of color will face ‘undue hardship’ if payments are restarted too soon.

If that’s the case, the organizations recommend four additional protections for student loan borrowers:

  1. Continue to waive interest for all borrowers;
  2. Return all borrowers in default on their debt to good standing to avoid financial penalties;
  3. Ensure all borrowers are aware of the process to apply for an income-driven repayment plan;
  4. Announce and implement provisions, like offering a grace period to prevent borrowers from immediately becoming delinquent on their debt.
student loan debt, Student Loans

First Wave of Public Servants Awarded Student Loan Forgiveness Through Temporary Program

The Biden administration recently announced the introduction of a temporary expansion of the Public Service Loan Forgiveness program. The program cancels outstanding student debt for public servants.

In order to be eligible, debt holders must have made 120 payments toward their federal student debt on-time for at least 10 years. The loans must have been made through the federal government and payments must have been made through repayment plans, most of which are based upon income. They must also work for the government or one of the non-profit organizations specified by the program. Many teachers, public defenders, Peace Corps workers, and law enforcement officers may qualify for forgiveness.

student loan debt, Student Loans

Navient Will No Longer Service Federal Student Loans- What This Means for Borrowers

Navient has announced that it will no longer service federal student loans. The company is one of the largest servicers for the U.S. Department of Education. Navient has a massive $1.7 trillion oustanding in its student loan portfolio.

The decision leaves around 6 million borrowers waiting to be matched with a new lender.  With a transition of this magnititude, problems are likely to occur. Here are a few things borrowers should do now if their student loans are getting reassigned to another lender.

student loan debt, Student Loans

What Is Next for Student Loans in the Covid Era?

Student loans have been at the forefront of the COVID-19 relief offered through the federal government. The biggest source of relief came in the moratorium on federal student loan repayments issued by the Biden administration and was extended through the end of 2021. However, this moratorium is expected to end January 31, 2022, leaving many student loan borrowers left to wonder what is next.

It is estimated that $1.5 trillion in student loan debt is now owed collectively by U.S. student borrowers. Therefore, these measures have widespread effects for many American consumers.

student loan debt, Student Loans

Biden Administration Cancels Almost $10 Billion in Student Loan Debt. Who Got Relief?

In total, the Department of Education has approved discharging $8.7 billion in student loan debt for more than 450,000 borrowers.

Click here to see if you are eligible.

That amount has included:

  • $7.1 billion for borrowers who were eligible for relief because of “total and permanent disability.”
  • $55.6 million in loan discharges for students who attended three trade schools that officials said misrepresented themselves to students.
  • Another $1 billion for other students defrauded by their schools.

The Biden Administration has cancelled nearly $10 billion in student loan debt since January 2021, according to the U.S. Department of Education. The Department reported they have approved $9.5 billion in student loan discharges since January 2021, affecting approximately 563,000 borrowers.  This has given borrowers the ability to tackle other debts, invest and increase savings.

student loan debt, Student Loans

Biden Administration Cancels Additional $55.6 Million in Student Loan Debt

The Biden Administration canceled an additional $55.6 million in student loans for 1,800 students who were found to be victims of fraud. This additional amount brings the total amount of student loan debt cancelled by the Biden administration to $1.5 trillion. 

Since entering office, President Biden has made it his mission to stand up for the thousands of students who were taken advantage of by for-profit colleges. This most recent effort was focused on students who attended Westwood College, Marinello Schools of Beauty, and the Court Reporting Institute. Previously, the administration had approved loan forgiveness for students who attended ITT Technical Institute, the American Career Institute and Corinthian College. This is the first time the Department of Education has approved loan forgiveness for students attending for-profit schools not including these three.  

student loan debt, Student Loans

Former ITT Tech Students Receive Debt Relief from Biden Administration

The U.S. Department of Education announced Wednesday that 18,000 former ITT Technical Institute students who were found to be defrauded by the shuttered for-profit university will have their federal student loans cancelled in full. This move is a step in the right direction. The for-profit school closed permanently in 2016, leaving tens of thousands of students with massive student loan debt, and no degree.  

More than 30,000 former students petitioned the Department of Education to cancel their debt under the “borrower defense to repayment law.” However, even after being defrauded by ITT Tech, their claims were denied by officials under the Trump administration.  

student loan debt, Student Loans

Debt Cancellation for Disabled Borrowers Reinstated by the Department of Education

The U.S. Department of Education announced recently that they will cancel federal student loan debt for borrowers who are no longer able to work due to disabilities. This announcement affects tens of thousands of borrowers currently paying on outstanding federal student loan balances.   

Student loan advocates say that this small step is the first of many to help reform the student lending system, including opening debt forgiveness to groups who are legally entitled to receive it but have not yet received debt forgiveness.  

Bankruptcy Law, COVID-19, Medical Debt, student loan debt

Bankruptcy Reform Bill Proposed that will Discharge Student Loans and Medical Debt

The Medical Bankruptcy Fairness Act of 2021 was unveiled by Democratic Senators this week in response to the economic impact of the Covid-19 pandemic. The bill would make substantial reforms to the current bankruptcy code, making it easier for those struggling with student loan debt and medical debt to discharge the same in bankruptcy.

Currently, the bankruptcy code treats student loan debt differently from other types of consumer debt. Borrowers must show they meet the ‘undue hardship’ requirement in order to discharge their student loan debt in bankruptcy.