Biden’s Student Loan Forgiveness Plan Faces Legal Hurdles

The burden of student loans has long been a persistent thorn in the side of countless Americans. The Biden administration has taken significant steps to alleviate this burden, yet challenges persist. 

Initial Forgiveness Plan

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President Joe Biden initially proposed a massive student loan forgiveness plan, only for it to be declared unconstitutional by the Supreme Court.

This ambitious plan aimed to eliminate a substantial portion of debt for nearly every federal student loan borrower.

Pandemic Complications

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The ongoing pandemic led to multiple extensions of the loan payment moratorium.

However, pressure from congressional Republicans eventually forced the resumption of loan collections, leading to penalties on servicers mishandling the restart.

A Second Attempt

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Undeterred, the Department of Education recently announced a new initiative to forgive billions in loans for struggling borrowers.

This Plan B hopes to successfully liberate individuals who have been under the weight of monthly payments for decades.

Supreme Court Scrutiny

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The Supreme Court’s previous ruling deemed the initial forgiveness plan excessively broad and unsupported by clear legal authority.

This new plan attempts to bypass these concerns by targeting specific borrower groups in need.

Targeting the Overburdened

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The new plan offers relief to individuals owing more than their original borrowed amount due to interest accumulation.

The principal remains, but borrowers would reset and start paying down their principal balances.

Long-term Borrowers

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Those who have had outstanding payments for over 25 years would see their balances entirely cleared. This mirrors private lenders’ practice of writing off irrecoverable loans.

Aid for Public Servants

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People eligible for forgiveness under federal programs benefiting public servants but who haven’t applied due to bureaucratic hurdles are also addressed in the new plan.

Assistance for Job-Oriented Programs

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Borrowers saddled with debt from job-oriented programs that failed to lead to well-paying careers, especially those from for-profit colleges, would find their loans wiped out.

Including Private Loans

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Notably, individuals with federal loans through private banks, excluded from the initial plan, are considered candidates for forgiveness in this new approach.

Defining Financial Hardship

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The Department of Education is exploring the creation of a category for borrowers facing “financial hardship,” taking into account various financial challenges from medical expenses to age.

Implementation Timeline

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Even if successful, implementing the new plan will be time-consuming, with a rulemaking process extending into 2024 and forgiveness likely not occurring until 2025.

Supreme Court Hurdles

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The Supreme Court remains a significant potential obstacle, given its prior stance against expansive interpretations of federal statutes related to loan forgiveness.

Immediate Steps for Borrowers

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For those with student loans yet to commence payments, particularly low-income individuals, enrolling in the new SAVE program can be beneficial. This program caps monthly payments and offers forgiveness on some smaller loans within ten years.

End of Mass Forgiveness

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The new plan signifies a departure from universal loan forgiveness. While the idea gained traction within the Democratic Party, opposition from the Supreme Court has necessitated more targeted approaches.

An Expansive Effort

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Even in its limited form, Biden’s loan forgiveness agenda represents a considerable leap from previous policies, marking a substantial effort to address the student loan crisis.

Making Tough Choices

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The administration has had to prioritize certain groups for loan forgiveness due to legal limitations. Future forgiveness plans will likely require overcoming the skepticism of a conservative-majority Court.

Continued Commitment

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While the path to student loan relief remains fraught with challenges, these efforts by the Biden administration signal a commitment to seeking solutions to bring relief to those burdened by student debt.

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The content of this article is for informational purposes only and does not constitute or replace professional financial advice.

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