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ARTICLE · 18 SEPTEMBER 2019

Borrower Defense To Repayment Rule 3.0

Cooley LLP
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After announcing plans for a new rule last summer, the Department of Education has, unofficially, issued its long awaited new update to the borrower defense to repayment rule

United StatesConsumer Protection
Katherine Lee Carey
Katherine Lee Carey
Jonathon Glass
Jonathon Glass
Mike Goldstein
Mike Goldstein
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After announcing plans for a new rule last summer, the Department of Education has, unofficially, issued its long awaited new update to the borrower defense to repayment rule.

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 repayment rule (BDTR), first updated and greatly expanded during the Obama administration. As a reminder, the 2016 version of the BDTR rule is currently effective and applies to all institutions that participate in the Title IV Direct Loan programs, regardless of their public, nonprofit or for-profit status. Barring the unforeseen, and with one exception noted below, the new BDTR rule will go into effect July 1, 2020.

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