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2023 is Coming -- And the Big Questions about Student Debt loom

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2023 Is Here and The Big Questions on Student Debt loom
As 2023 progresses, major concerns remain about new repayment plans, debt cancellation, bankruptcy laws and more.
Written by Eliza Haverstock Lead Writer | Student loan repayment, college alternatives Eliza Haverstock is a lead writer on NerdWallet's student loans team, where she is focused on loan repayment and alternative options to traditional four-year degrees. She previously covered billionaires investing, personal finance, and fintech fraud for Forbes 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 and Bloomberg, where she worked for a time writing an op-ed about straws made from plastic. Eliza is located in Washington, D.C.





January 4, 2023


Written by Karen Gaudette Brewer Assigning Editor Public policy and student loans Karen Gaudette Brewer joined NerdWallet with 20 years of experience in newsrooms as well as leading editorial teams, most recently as executive editor of HealthCentral. She launched her journalism career with The Associated Press and later worked for the (Riverside) Press-Enterprise The Seattle Times, PCC Community Markets and Allrecipes.com. Her writing has been honored by both the Society for Features Journalism and the Society of Professional Journalists. She has written two books on Pacific Northwest. Pacific Northwest.







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From changes to repayment policies to a sweeping one-time debt forgiveness plan 2022 was an eventful one for student loans.
But questions have clouded some of the loan statements, but responses are scarce and difficult to find. We're not sure of what, when, or if any of these changes will develop into.
In the year 2023 with the dawn of 2023, here are the most pressing concerns about student loans as well as what students can do to be prepared for the uncertain future.
Is student debt cancellation still happening?
Legal challenges have delayed the rollout of President Biden's program for qualified applicants and for $20,000 for Pell Grant recipients. While sixteen million of borrowers had been approved to participate in the program however, they will not be able to see any debts forgiven until it is proven that the White House succeeds in court.
For now, borrowers should set aside money to cover the cost of repaying their entire student loan and avoid taking on unneeded expenses, advises Scott Buchanan, executive director of the Student Loan Servicing Alliance.
"If you are able to get loan forgiveness happens, then great, you'll be able to enjoy a boost in some respects and extra cash you can put towards various other costs," he says.
>> MORE:
When will forbearance end?
The date for the expiration of forbearance -- the non-interest-free pause in student loan payments that started in March 2020 -- hinges on the legal outcomes of Biden's debt cancellation program.
We're not sure when it will end under the latest guidelines. In November, there was a change in the White House . Repayment will now resume 60 days after the lawsuits that challenge the comprehensive debt forgiveness plan are resolved or 60 days following June 30, 2023 -depending on when that happens.
This means that the interest-free pause may last until August at the latest however, borrowers need to prepare to pay back loans earlier. The Supreme Court will hear oral arguments in February, and an expedited decision expected to follow, in the cases blocking implementation of Biden's debt-relief plan.
What is the deadline to sign-up for the new income-driven plan for repayment?
When the White House announced the $10,000-per-borrower student debt forgiveness program in August, it also offered a program that drew fewer headlines but could help many borrowers in the long term: a brand new option for repayment plans that are based on income. At the time, it declared that the new program would set the monthly payment for student loans at "5 percent of a individual's disposable income" less than half of the amount in current IDR plans.
There's no specific time frame for when the borrowers will be able to apply. We're not sure what this new IDR plan will look in its final form, who will qualify and when applications will be open. The rules in the draft plan could be released within the next six months or even six months from now according to Betsy Mayotte, president and the founder of The Institute of Student Loan Advisors.
"The draft rules can be significantly different in between the draft version and the final however, we'll be able to get more information about what this new IDR plan will be like when we receive the draft plan," adds Mayotte.
>> MORE:
Can I discharge my student loans in bankruptcy?
In bankruptcy, people have long been able to ask for their student loan debt to be eliminated but this has typically been more challenging than releasing other consumer debts like medical and credit card debts. This is because the borrowers needed to prove to a judge that their student debt caused undue hardship, a tough test to be able to get relief.
The situation changed in November when the Departments of Justice and Education jointly unveiled new guidelines to help standardize what constitutes "undue difficulty." Judges in bankruptcy can still decide on the final outcome of each individual case.
"Today's guidance offers a better and more equitable, as well as more transparent procedure for student loan customers who have filed for bankruptcy" declared Vanita Gupta the associate attorney general of the Justice Department, in a press release.
Borrowers can file bankruptcy cases under the new guidelines now but Stanley Tate, an attorney who specializes in student loans and borrowers, suggests that those who have been in repayment over a period of at least twenty years, consider keeping the loan until it is applied into their bank accounts by July prior to taking any action. (The White House unveiled the one-time IDR waiver that is distinct from the proposed new IDR plan, on April 20, 2022. The waiver will be counted every month you've paid in installments or on pause since leaving school towards forgiveness, bringing some students closer to crossing the line.)
"It could happen that your loan will be wiped clean automatically ... therefore there's not much benefit of going that bankruptcy option," says Tate.
What's happening with the Joint Consolidation Loan Separation Act?
In October, Biden signed the Joint Consolidation Loan Separation Act into law. It will allow those who had previously consolidated loans for their college loans with a spouse -as part of a program which ran from 1993 until the year 2006 -- to split the debts. The program will also permit those with consolidated spouse loans to take advantage of public service loan Forgiveness, after they separate their debt.
For those who have consolidation loans, this new law will ensure "freedom from financial and domestic abuse, the freedom to manage their financial destiny and the freedom to enjoy the same advantages as other borrowers across the nation," said Sen. Mark Warner (D-Va.) the bill's sponsor in an announcement to the press.
It is estimated that the Education Department holds at least 13,000 joint consolidation loans According to Warner's office. However, we still don't know what date the legislation will actually be applied, what the process for applying will look like, or what documents will be required.
Get updates announcements from to receive information from the Education Department about how and when to apply.


About the author: Eliza Haverstock is a principal writer on the NerdWallet's Student loan team, which covers loan repayment and alternatives to traditional four-year degrees.







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