Events

The Borrower Defense to Repayment Final Rule Webinar Series

Webinar Replay

Duane Morris will present the Borrower Defense to Repayment Final Rule Webinar Series in three parts.

Part I: Introduction to the Final Rule and Borrower Adjudication Provisions
Tuesday, November 29, 2022, from 2:00 p.m. to 3:00 p.m. Eastern.

Part II: The Institutional Response and Recoupment Process
Tuesday, December 6, 2022 | 2:00 p.m. to 3:00 p.m. Eastern

Part III: Other Final Rule Provisions and Enforcement Predictions
Tuesday, December 13, 2022 | 2:00 p.m. to 3:00 p.m. Eastern

About the Program

Duane Morris Education Group attorneys Kristina Gill and Jonathan Helwink will present a three-part webinar series on the new U.S. Department of Education Borrower Defense to Repayment (BDR) Final Rule. Kristina and Jonathan possess deep insider experience – on the Hill and at the Department – as well as practical legal experience advising clients on how to respond to BDR claims. Having closely monitored the Department’s rulemaking since Day 1, we will provide a comprehensive review of all of the significant regulatory changes that impact your institution and give you a “heads up” before the Final Rule becomes effective. Unlike other recent Department rules, the regulatory changes to the BDR provisions impact all types of institutions – public, nonprofit and proprietary schools – which must be ready for compliance on July 1, 2023.

In the first session, we will provide background on the history of the BDR Rule and walk you through the new student adjudication provisions, including the new federal standard, the new regulatory definitions, the Department’s presumptions, the evidence required for a success claim and the process for student adjudications. (The slide deck for this session is available to view.)

The second session will focus on the institutional recoupment provisions in the BDR Final Rule and what schools can expect from the Department’s future efforts to recover funds associated with BDR discharges. We will focus on the step-by-step process outlined in the Final Rule and explain the opportunities for institutions to respond to the claims, rebut the allegations and defend their institutions against individual and group claims. (The slide deck for this session is available to view.)

In the final session, we will delve into all of the other provisions in the Final Rule not specifically related to BDR. Specifically, the webinar will focus on the changes to the closed school loan discharge provisions, the renewed prohibition on arbitration and class action waivers, as well as other regulatory changes. Finally, Kristina and Jonathan will provide their assessment of what comes next for the BDR, including future Department enforcement actions and potential litigation challenges. (The slide deck for this session is available to view.)

Presenters

Edward Cramp, Partner

Kristina Gill, Special Counsel

Jonathan Helwink, Associate

About Duane Morris LLP

Duane Morris LLP, a law firm with more than 900 attorneys in offices across the United States and internationally, is asked by a broad array of clients to provide innovative solutions to today’s legal and business challenges.

For years, Duane Morris has served all sectors of education, along with the various businesses that support them. Our attorneys provide these organizations with deep experience and trusted guidance regarding complex issues that impact school decision-making on operations, finances and strategic planning for the future.