Tuesday, December 29, 2020

These Student Loans Are Not Covered By DeVos’s Extension Of Relief

 

These Student Loans Are Not Covered By DeVos’s Extension Of Relief


Adam S. Minsky, Esq.

On Friday, Education Secretary Betsy DeVos announced an extension of the moratorium on student loan payments, interest, and collections to January, 31, 2021.

This additional month provides critical relief to millions of student loan borrowers struggling with repayment and averts an imminent “cliff” on December 31, when the relief was originally scheduled to expire. It gives Congress additional time to potentially extend the relief further into 2021 as part of larger stimulus negotiations. And it provides President-Elect Biden, who would be sworn in on January 20, with the opportunity to enact further relief through executive action if necessary.

But not all student loans are covered by DeVos’s extension. Here’s why.

The current moratorium on student loan payments, interest, and collections is a result of the CARES Act — bipartisan legislation that was enacted in March to provide economic relief in response to the COVID-19 pandemic. But the language in the CARES Act limited student loan relief only to government-held federal student loans. This includes federal Direct loans, and a small number of other types of federal loans that were acquired by, or assigned to, the U.S. Department of Education.

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But a large volume of student loans were excluded from the CARES Act’s provisions. Three main categories of loans are excluded:

  • Loans administered by the Family Federal Education Loan (FFEL) program. FFEL loans are federal loans originated by a private lender, but ultimately backed or guaranteed by the federal government. The FFEL program was discontinued in 2010, but there was still many borrowers who are repaying FFEL-program loans.
  • Perkins loans are federal loans originated by colleges and universities. They are neither Direct nor FFEL loans, and are not protected by the CARES Act.
  • Private student loans are purely private with no federal backing, and are issued and administered by banks and other commercial lending entities.

Because DeVos limited the extension of student loan relief to the existing moratorium under the CARES Act, the relief was not expanded to cover these other loan programs.

There is roughly $300 billion in outstanding student loans that are ultimately left out of the relief, according to the Student Borrower Protection Center. Of that, around there is $160 billion in privately-owned FFEL loans, $5 billion in Perkins loans, and $133 billion in private student loans.

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Congressional Democrats have been pushing to expand the CARES Act protections to cover FFEL loans and Perkins loans. Progressive lawmakers have also pushed for broad private student loan forgiveness, as well. The HEROES Act, which passed the House of Representatives on a largely party line vote in May, would have provided for up to $10,000 in private student loan forgiveness for borrowers in economic distress. But so far, these efforts have run into opposition in the Republican-controlled Senate.

A bipartisan group of senators unveiled a new, $900 billion stimulus bill last week designed to revive efforts to reach a compromise on broad economic relief before the end of the year. Included in this proposal is $4 billion dedicated to student loan relief. While this allocation of federal funds could be sufficient to cover an additional extension of the student loan moratorium further into 2021, specific details regarding student debt relief have yet to be disclosed, and it is not yet clear whether the current relief could be expanded to include the other types of student loans.

Wednesday, December 23, 2020

DeVos Extends Student Loan Relief Into 2021: What You Need To Know

 


DeVos Extends Student Loan Relief Into 2021: What You Need To Know


Adam S. Minsky, Esq.

Education Secretary Betsy DeVos has extended an existing moratorium on student loan payments, interest, and collections into 2021. The U.S. Department of Education announced the update in a press release on Friday. Here’s the latest.

For much of 2020, millions of student loan borrowers have not had to repay their federal student loans because of emergency pandemic relief under the CARES Act. This legislation suspended all payments and interest on government-held federal student loans. It also stopped all collections efforts — such was wage garnishments and offsets of Social Security benefits — for borrowers in default on their student loans. The student loan moratorium was originally supposed to end in September, but President Trump subsequently extended that relief to December 31.

Congressional Democrats have been pushing to further extend student loan relief well into 2021 as part of larger stimulus negotiations. House Democrats passed legislation that would push the student loan moratorium’s expiration to September 2021. But the Democratic-controlled House and Republican-led Senate have been at an impasse for months. President Trump suggested over the summer that his administration could further extend the moratorium through executive action, but he had not made any recent public comments to affirm this.

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The Department of Education just announced an extension of the student loan moratorium to January, 31, 2021. Citing its authority under the HEROES Act of 2003, the Department said, “Federal student loan borrowers will not be expected to make payments through January of next year, though they will continue to be able to do so and benefit from the 0% interest rate as they pay down principal. Non-payments will continue to count toward the number of payments required under an income-driven repayment plan, a loan rehabilitation agreement, or the Public Service Loan Forgiveness program.”

The additional month of relief for borrowers would avert an imminent “cliff” on December 31 — a potentially disruptive gap after the current relief expires, but before President-Elect Biden is sworn in on January 20, 2021. The resulting uncertainty has led student loan borrowers to scramble to budget for payments, apply for income-driven repayment plans, and consider whether to request hardship deferments or forbearances if they cannot afford their regular payments. Servicers would have started generating reminder notices for student loan bills as early as next week.

“The coronavirus pandemic has presented challenges for many students and borrowers, and this temporary pause in payments will help those who have been impacted," said Secretary DeVos. "The added time also allows Congress to do its job and determine what measures it believes are necessary and appropriate.”

A bipartisan group of senators unveiled a new, $900 billion stimulus bill this week designed to revive efforts to reach a compromise on broad economic relief before the end of the year. Included in this proposal is $4 billion dedicated to student loan relief. While this allocation of federal funds could be sufficient to cover an additional extension of the student loan moratorium further into 2021, specific details regarding student debt relief related to this stimulus proposal have yet to be disclosed.

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Furthermore, after President-Elect Biden is sworn into office on January 20, 2021, he could use executive action to enact additional student loan relief, as well. Consumer rights advocates and progressive Democrats in Congress are pushing Biden to use executive action to enact sweeping student loan relief, including an extended moratorium on payments as well as broad student loan forgiveness. Biden has indicated a willingness to enact some policy changes through aggressive executive action if necessary, but has been largely silent on his position regarding cancelling student debt via executive authority. He has expressed a preference for Congress to take action.

Monday, December 21, 2020

New Details: Bipartisan Stimulus Bill Would Extend Student Loan And Unemployment Relief For Millions

 

New Details: Bipartisan Stimulus Bill Would Extend Student Loan And Unemployment Relief For Millions



Momentum is building for passage of a new stimulus package, and new information released today about a proposed stimulus bill confirms that it includes a further extension of student loan and unemployment relief.

For much of 2020, millions of student loan borrowers have not had to repay their federal student loans because of emergency pandemic relief under the CARES Act. This legislation suspended all payments and interest on government-held federal student loans. It also stopped all collections efforts — such was wage garnishments and offsets of Social Security benefits — for borrowers in default on their student loans. The student loan moratorium was originally supposed to end in September, but President Trump subsequently extended that relief to December 31.

Last Friday, Education Secretary Betsy DeVos further extended the moratorium by one month, to January 31, 2021. The additional month of relief for borrowers would avert an imminent “cliff” on December 31 — a potentially disruptive gap after the current relief expires, but before President-Elect Biden is sworn in on January 20, 2021. This could have led to confusion for student loan borrowers, and administrative processing delays by servicers.

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Democrats have been pushing to further extend existing student loan relief well into 2021 as part of larger stimulus negotiations. House Democrats passed legislation earlier this year that would push the student loan moratorium’s expiration to September 2021. But the Democratic-controlled House and Republican-led Senate have been at an impasse for months.

The new, $908 billion bipartisan compromise package aims to bridge the gap between Senate Republicans’ previous $500 billion stimulus proposal, and a $2 trillion proposal by House Democrats. According to a summary of the compromise bill released today, the current moratorium on student loan payments, interest, and collections would be further extended to April 30, 2021. However, that relief would not be expanded to include around $300 billion in student loans not covered by the existing moratorium, such as commercially-held FFEL loans, Perkins loans, and private student loans. The current relief only covers government-held federal student loans.

Still, the bill, if passed, would provide desperately needed relief to millions of student loan borrowers. According to a recent nationwide survey of 60,000 student loan borrowers completed by Student Debt Crisis and Savi, 77% of student loan borrowers do not feel financially secure enough to resume payments in early 2021. More than half of surveyed borrowers rate their current financial wellness as poor or very poor since the COVID-19 pandemic began in March; only 21% rated their financial wellness as poor or very poor prior to the pandemic. More than a third of healthcare workers with student loan debt who responded to the survey have experienced reduced work hours caused by the COVID-19 pandemic.

“People are deeply concerned about the continuing impact of COVID-19, and their student debt burden is creating uncertainty about the future. The data shows that borrowers are not even close to ready to begin making payments again when relief ends on January 31st. Healthcare workers, educators, and people of color are even less certain of their financial security.” said Natalia Abrams, Executive Director of Student Debt Crisis. “Student debt relief policies are rapidly changing and borrowers want elected officials to know the difficulties they face.”

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The proposal also includes an extension of federal unemployment benefits at $300 per week for 16 weeks. This is less than the $600 weekly benefit amount that Democrats had originally wanted, but with current benefits expiring, supporters of the proposal view it as a reasonable compromise. Also included in the bill is rental relief, and additional funding for small businesses via the Paycheck Protection Program.

It is unclear at this juncture whether the compromise bill has sufficient support to pass the GOP-controlled Senate, but momentum is building. If passed by the Senate, the bill would then have to be passed by the House, controlled by Democrats. House Speaker Nancy Pelosi has expressed support for the bill. President Trump would then have to sign it; the White House has not yet indicated whether he would do so.

Friday, December 4, 2020

WHAT IS THE PROCESS? - BANKRUPTCY LAWYER IN NEW JERSEY (201) 646-3333

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BANKRUPTCY LAWYER


Understanding the bankruptcy process is an important part in determining whether to file for bankruptcy and getting a clear picture of what you are up against over the next several months. The timeline and process associated with filing for bankruptcy in New Jersey will vary depending upon whether you file a Chapter 7 or Chapter 13 case, but the basic process has been laid out below:



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You can help ensure that the bankruptcy process goes as smoothly as possible and that your debt is successfully discharged by working with an experienced New Jersey Bankruptcy attorney.

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