Borrower Defense to Loan Repayment Universal Forms

On April 4, 2024 the U.S. Court of Appeals of the Fifth Circuit granted a preliminary injunction against 34 § 685.400 et seq ("2023 Regulation") enjoining the rule and postponing the effective date of the regular pending final judgment in the case. The current Borrower Defense to Repayment application and related Request for Reconsideration are drafted to conform to the enjoined provisions of the 2023 Regulation. This request is to revise the currently approved information collection 1845-0163 to comply with the regulatory requirements of the borrower defense regulations that are still in effect, 34 C.F.R. § 685.206(e) ("2020 Regulation"), 34 C.F.R. § 685.222 ("2016 Regulation"), and 34 C.F.R. § 685.206(c) ("1995 Regulation") (together, the "current regulations"). These regulatory requirements are distinct from the 2023 Regulation's provisions. The revision is part of contingency planning in case the 2023 Regulation is permanently struck down. The Department of Education ("the Department") is attaching an updated Borrower Defense Application and application for Request for Reconsideration. The forms will be available in paper and electronic forms on studentaid.gov and will provide borrowers with an easily accessible and clear method to provide the information necessary for the Department to review and process claim applications. Also, under the current regulations, the Department will no longer require a group application nor group reconsideration application.

The latest form for Borrower Defense to Loan Repayment Universal Forms expires 2026-07-31 and is listed under ICR 202501-1845-001.

Borrower Defense to Loan Repayment Universal Forms

Federal Enterprise Architecture: Education - Higher Education

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