More Federal Student Loan Debt Relief is Coming

Federal student loans are considered in default if they are nine months delinquent. Meanwhile, it is a modern fact that lenders have computer programs which can accurately predict whether a borrower will default. It appears that the Department of Education will be creating such a program and will apply it to Federal Student Loan borrowers.

February’s Department of Education’s Negotiated Rulemaking Committee concluded with a consensus giving the Secretary of Education more discretion in forgiving Federal student loans for borrowers who have not only experienced a hardship, but also borrowers who have an 80% chance of defaulting in the next two years.

While the computer program has not been finished yet, it will include up to as many as 17 factors to make that prediction. Some factors are easy to understand such as household income, assets, total debt balance, student loan balances, current employment status, and whether the borrower completed a degree program for which the student received their student loan. Other factors are less personal including “typical student outcomes” at the last program attended by the borrower. The program may also be required to predict the extent the hardship will persist in the future.

When asked on March 20th, the Department could not provide a date when the proposed final Regulation will be published, nor has it disclosed how many borrowers will receive debt relief under this program, but the number of borrowers who receive debt forgiveness could be in the millions.  

According to the Federal Reserve Bank of New York’s Center of Microeconomic Data at the end of 2021, roughly 3 million people owed more than $43 billion in defaulted student loans. That number shrank during the last three years due to the blanket COVID debt relief packages and forbearances. The forbearances have now ended. 

It is not unreasonable to think that the defaulted numbers will climb back to where they were prior to the pandemic. If 3 million borrowers were in default in 2019, the number of borrowers who have an 80% chance of default must be higher.

It is unclear how the new program will be able to weed out deadbeats or those who intentionally default to game the system. But, for the millions of honest borrowers who have long suffered from student loan default, further relief may be on the way.

Scott Waterman
Chapter 13 Bankruptcy Trustee for the Eastern District of Pennsylvania

Scott F.Waterman, Esq. graduated from Tufts University in 1991 with a dual major in history and political science. He received his J.D. from Temple University School of Law in 1994. He is a Chapter 13 Bankruptcy Trustee for the Eastern District of Pennsylvania, and his office is located in Reading, Pennsylvania.  Previously,  he had his own private law practice focusing on consumer bankruptcy and commercial collection matters. Mr. Waterman is a former Chairof the Eastern District of Pennsylvania Bankruptcy Conference and is a Fellow of the American College of Bankruptcy.  He is a member of the National Association of Chapter 13 Trustees and the Berks County Bar Association.  Mr. Waterman volunteers his time as a current board member of the Consumer Bankruptcy Assistance Project which provides free legal assistance to indigent bankruptcy clients.  In 2014 Mr. Waterman was appointed to be a member of the Local Rules Advisory Committee of the United States Bankruptcy Court for the Eastern District of Pennsylvania in helping to draft new and updated local bankruptcy rules. That same year he served on the Bankruptcy Judge Merit Selection Committee for the Eastern District of Pennsylvania to which he was appointed by the United States Court of Appeals for the Third Circuit. Mr. Waterman has two sons and enjoys sailing, playing softball and watching baseball.  He spends his free time driving his kids back and forth to their various sporting activities.

Related Articles

January 6, 2019
By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 of 6 Click here for Part 3 of 6 Click here for Part 4 of 6 Click here for Part 5 of 6 Click here for Part 6 . . . It looks like you are not signed in...
Members
March 21, 2021
By The Honorable William Houston Brown (Retired) For modification purposes, best interests test remains at petition date. In an examination of post-confirmation sale of the debtor’s home that yielded excess of homestead exemption, the Court concluded that the best-interests of creditors’ calculation was performed as of the petition date, rather than time of modification. Section 1329 does not provide a...
Members
June 23, 2019
By Jan Hamilton, Chapter 13 Trustee (Topeka, KS) Click here for Part 1 of 3 Click here for Part 2 of 3 19. In the Courtroom ― Leading Questions Learning how to conduct a direct examination of your witnesses is the cornerstone to your case. Early . . . It looks like you are not signed in or registered! This...
Members
February 2, 2020
By The Honorable William Houston Brown (Retired) Limitations period for actions under FDCPA. Construing the statute of limitations for actions against debt collectors under the Fair Debt Collection Practices Act (FDCPA), the Supreme Court held that “absent the application of an equitable doctrine, the statute of limitations in § 1692k(d) begins to run on the date on which the alleged...
Members
emily-connor-kennedy
March 6, 2022
There are several different types of security clearances that an individual might seek as a prerequisite to employment. What each clearance requires depends on many factors, such as whether the person is a civilian or part of the armed forces, whether the clearance is for facility access only (versus access to sensitive documents), and the scope of the access in...
Members
M Joseph Photo 2-1-22
November 5, 2023
“The focus of this article is to review some of the issues faced in cases with pending state court marital property division proceedings.”
Members
November 21, 2021
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction Following Part 1's review of the December 1, 2021, changes in the Federal Rules of Bankruptcy Procedure, this Part 2 presents a digest of selected judicial decisions of interest for their procedural import arising under Parts I-III of the Federal Rules of Bankruptcy Procedure. Digest of Selected Judicial Decisions
Members
April 14, 2019
By John Andreasen and Patrick Lombardi, Law Students at the University of Illinois College of Law and Duberstein Moot Court Team Members Both consumers and businesses often depend on motor vehicles for their livelihood or, for consumers, access to health care, child care, or other essential services. A creditor’s repossession of a motor vehicle can turn into an existential crisis...
Members
dunn
June 25, 2023
Retired United States Bankruptcy Judge Randall (Randy) Lawson Dunn, District of Oregon, died at home on June 7, 2023.
Copy of Hildebrand-2016
January 14, 2024
In some instances, this case could be a real game-changer for dealing with student loans. Chapter 13 plan may classify student loans in a separate class!
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: