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2023 Is Here and Big Questions on Student Debt Still Loom

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2023 Is Here and the Big Questions about Student Debt Still Loom
As 2023 approaches, many questions remain regarding new repayment plans and bankruptcy rules and more.
By Eliza Haverstock Lead Writer | Student loan repayment and college alternatives Eliza Haverstock is a lead writer for NerdWallet's students loans team, where she concentrates on loan repayment as well as alternatives for traditional degrees that require four years of study. In the past, she covered billionaires investing, personal finance, and fintech fraud for Forbes and Forbes.com in New York, and she also covered private markets for PitchBook in Seattle. Eliza began her career at their college paper at University of Virginia and interned for Bloomberg, where she spent the year writing a on straws made from plastic. She lives in Washington, D.C.





Jan 4, 2023


Written by Karen Gaudette Brewer Assigning Editor Public policy and student loans Karen Gaudette Brewer joined NerdWallet with more than 20 years' experience in newsrooms as well as managing editorial teams. She was most recently as executive editor of HealthCentral. Her journalism career began with The Associated Press and later was employed by The (Riverside) Press-Enterprise The Seattle Times, PCC Community Markets and Allrecipes.com. Her writing has been praised with awards from the Society for Features Journalism and the Society of Professional Journalists. She's written two books about her experiences in the Pacific Northwest.







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From changes to repayment policies to a sweeping single-time debt forgiveness program, 2022 proved to be a high-profile year for student loans.
But there are still questions about the student loan news, while answers are not plentiful and scarce. We don't yet know how, when or if certain changes are going to be implemented.
In the year 2023, here are the biggest questions about the issue of student loans as well as what the borrowers can do amid the uncertainty.
Is student debt cancellation still happening?
The rollout of the plan has been halted due to legal issues. of President Biden's program for qualified borrowers and $20,000 for qualifying Pell Grant recipients. Though 16 million borrowers have been approved to participate in the program, they won't see any debts forgiven until the White House succeeds in court.
For now, borrowers should set aside money as if they're repaying their entire student loan and not take on unnecessary expenses, says Scott Buchanan, executive director of the Student Loan Servicing Alliance.
"If the loan forgiveness comes, then great, you have a windfall in a few ways and additional cash you can put towards various other costs," He says.
>> MORE:
When will the forbearance period end?
The date for the expiration of forbearance -- which is the free of interest on student loan payments that started in March 2020 is contingent on the legal outcome of Biden's debt cancellation strategy.
We don't know exactly the date it will come to an end, but it is the latest guidelines. In November, we saw the White House . The repayment program is scheduled to be resumed 60 days after lawsuits challenging the debt forgiveness plan are resolved or 60 days after the 30th of June in 2023 -or when it is the first.
This means that the interest-free pause could stretch into August, at the earliest, but borrowers should prepare to start paying back loans sooner. The Supreme Court will hear oral arguments in February. an expedited decision expected to be issued in the cases blocking implementation of Biden's debt-relief plan.
When can I sign up in the brand new, income-driven repayment plan?
The White House announced the $10,000-per-borrower student debt forgiveness program in August, the White House also announced a program that received lesser attention but could be beneficial to countless borrowers in the long term: a brand new repayment plan that is based on income. At the time, it declared that the new program will set monthly payments on students with undergraduate loans at "5 percent of the borrower's discretionary income," less than half of the amount in current IDR plans.
But there's no precise time frame for when the borrowers will be able to apply. It's unclear how this new IDR plan will look in the final version, who will be eligible, and when applications are expected to open. The plan's draft rules could come out within the next six months or even in six months time according to Betsy Mayotte, president and the founder of The Institute of Student Loan Advisors.
"The draft rules may change significantly from draft to final but at least we'll have an idea of how that new IDR plan might look like once we get the draft," says Mayotte.
>> MORE:
Can I discharge my student loans in bankruptcy now?
In bankruptcy, people have long been able to ask for the student loan debt to be erased but this has typically been more challenging than releasing other consumer debts , like medical or credit card bills. That's because borrowers had to prove to a judge that their student debt caused undue hardship, a tough test to be able to get relief.
That changed in November, as the Departments of Justice and Education jointly announced a new set of guidelines that aimed to uniformize what constitutes "undue hardship." A bankruptcy judge will still take a final ruling in each individual case.
"Today's guidance provides a more efficient and more fair, transparent procedure for student loan people who are in bankruptcy," declared Vanita Gupta the associate attorney general of the Justice Department, in a press release.
Borrowers can file bankruptcy cases according to the new guidelines currently but Stanley Tate, an attorney who specializes in student loans, suggests that borrowers who've been paying more than 20 years consider keeping the loan until it is applied on their account in the month of July before taking any action. (The White House unveiled the one-time IDR waiver in a separate announcement from the proposed IDR plan, in April 2022. The waiver will count every month that you've been in repayment or on pause after leaving school towards forgiveness, bringing some students closer to crossing the line.)
"It may turn out your loan will be wiped clean automatically ... which means there's not much advantage to going through the bankruptcy process," says Tate.
What's going on with the Joint Consolidation Loan Separation Act?
Then, in October of this year Biden signed in October, Biden signed the Joint Consolidation Loan Separation Act into law. The law allows those who had previously had consolidated the student loans with their spouseas part of a program which ran from 1993 until the year 2006 -- to split them. The program will also permit those with consolidated spouse loans to take advantage of Public Service Loan Forgiveness following the separation of their debt.
For those who have consolidation loans, this new law will ensure "freedom from financial and domestic abuse, freedom to control their own financial future as well as the right to receive the exact advantages as other borrowers across the nation," said Sen. Mark Warner (D-Va.), the bill's sponsor, in a press release.
The Education Department holds at least 13,000 joint consolidation loans, according to the office of Warner. We aren't sure when the law will actually be applied, what the application process will look like, or what documents it will require.
Subscribe to emails information from to receive information from the Education Department about how and when to apply.


About the author: Eliza Haverstock is a the lead writer for NerdWallet's student loan team that covers loan repayment as well as alternatives to traditional four-year degree programs.







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