Monthly Archives September 2019

Borrower Defenses to Repayment: How Colleges Can Avoid a Claim

Categories: Higher Education and Student Loans.

On August 30, 2019, the U.S. Department of Education (the Department) released the third version of its Borrower Defenses to Repayment (BDTR) regulation, which is a regulation that, among other things, provides a mechanism for federal student loan borrowers to assert that the college should be required to repay their student loans on account of the school’s fraudulent acts or omissions. The version of BDTR that applies to a borrower’s situation depends upon when the loan in question was first disbursed: 1. For loans first disbursed prior to July 1, 2017, the version of BDTR that applies is the regulation
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