What’s the Current State of Student Loan Forgiveness?

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Mark Kantrowitz

By Mark Kantrowitz

January 20, 2023

While campaigning for President, Joe Biden promised $10,000 in student loan forgiveness per borrower. Now President Biden has announced that the government will try to cancel as much as $20,000 in federal student loan debt per qualifying borrower. The announcement also included an extension of the federal student loans payment pause and more but it has been challenged for the President’s legal right to broadly forgive student debt.

Here’s a roundup of the latest announcements and other recent developments. This article will continue to be updated as more details become available.

Latest Student Loan Forgiveness Updates

Current Student Loan Forgiveness Status

The current status of student loan forgiveness is that it is on hold. Biden’s education department has attempted to forgive up to $20,000 for each qualifying student loan borrower but through a variety of lawsuits, the President’s ability to do that was both upheld and struck down. The case has been appealed all the way to the Supreme Court and the justices will be hearing oral arguments on February 28th, 2023.

UPDATE – 11/22/22

Today, the Biden Administration, through the U.S. Department of Education, announced that they were extending the payment pause on student loan repayments, interest, and potential collections. Payments will resume either 60 days after June 30, 2023 or 60 days after the student loan forgiveness program has been allowed to move forward, whichever comes first.

UPDATE – 11/11/22

A U.S. District Court judge in Texas, Mark Pittman, has vacated the federal debt relief program, calling it “unlawful.” The judge, who was appointed by former President Trump, concluded that the program was a “complete usurpation” of the authority of Congress. The current administration’s argument that the HEROES Act gave them the right to forgiveness of student loans broadly was struck down.

The White House quickly appealed on Friday, November 11th saying that they “strongly disagree” with the court’s decision. The appeals process could take weeks and many borrowers will be left in limbo during this time.

Meanwhile, the Government has stopped taking applications from those that think they qualify for the program. We will keep this page updated with further developments.

Updates Prior to the Loan Forgiveness Program Being Challenged

The government has started taking applications from those who believe they qualify for debt forgiveness. You can apply online via the studentaid.gov website.

President Biden announced on August 24th, 2022 that Americans earning less than $125,000 annually ($250,000 for households) would receive up to $10,000 in federal student loan forgiveness, while Pell Grant recipients would have $20,000 forgiven.

Additionally, the payment pause on federal loans will continue through the end of 2022, but payments will resume thereafter. The Education Department will soon lay out the plan in detail and provide information on an application that will be used to obtain the forgiveness.

Aside from the forgiveness component, Biden said that income-driven repayment plans would be capped at 5% of discretionary income, compared to the current 10% limit.

Prior to the latest announcement, the Biden Administration had focused on discharging student loans borrowed to attend for-profit colleges that were found to be defrauding student borrowers, such as Corinthian Colleges. The Education Department announced a $5.8 billion group discharge to cancel loans associated with those schools on June 1, 2022.

Also recently, an overhaul of the Public Service Loan Forgiveness program was announced to “restore the promise of PSLF,” according to the Education Department factsheet. A key aspect of the development is a one-time waiver that will allow payments from all federal student loan programs, including those not previously eligible, to be counted toward progress for Public Service Loan Forgiveness. These changes will expire on October 31, 2022.

The Department of Education announced on August 19, 2021, that over 300,000 borrowers who have a total or permanent disability will receive $5.8 billion in forgiveness. The Department of Education would begin identifying borrowers eligible for automatic discharge by matching data from the Social Security Administration.

What Happens After the Supreme Court Hears the Student Loan Forgiveness Case

The Supreme Court will hear arguments on the case in February 2023. After that has concluded, the justices will vote and write a response to the case for their ruling. That typically takes a few months to be released.

If the Supreme Court rules that the administration has the ability to broadly forgive student loan debt then it will likely resume as soon as the ruling is released. The application will open back up and payments on student loans would resume within 60 days of that date.

However, the Supreme Court has been voting down political party lines in its most recent rulings. This makes many believe that the case will be struck down and student loan forgiveness will not be allowed. If that happens then student loan payments would still be expected to resume within 60 days of that date but the White House would have a lot of different options for what to do next.

Here are some of their options at that point:

  • They could make it a political event and try to get voters on their side because of what they would view to be an unjust ruling. This wouldn’t do anything to progress student loan forgiveness.
  • They could push Congress to do something. With Republicans controlling the House and the Democrats controlling the Senate, however, that is unlikely to move the needle either.
  • They could give up and move on.
  • They could try to forgive student loans again but take a different legal approach to the situation.

How to Apply for Biden’s Announced Student Loan Forgiveness

Nearly 8 million borrowers will automatically have their debt forgiven without applying because the government already has their income data. For those that the U.S. Department of Education does not have their income data for, the government will be introducing an online application system, said to be available in October 2022. You will not have to upload information or have an FSA ID to apply.

You can sign up to be notified of when the application is available on the studentaid.gov website. Most borrowers who apply should expect relief within 6 weeks of application. The government encourages everyone to apply, even if you think you’re part of the 8 million that technically doesn’t have to. You will need to apply by mid-November 2022 to make sure you get relief before student loan payments resume on January 1, 2023.

Other Recent Student Loan Forgiveness Developments

The U.S. Department of Education and the Justice Department are reviewing whether the President has the legal authority to cancel up to $50,000 in federal student loan debt through executive action. There is no timetable for when these reports will be issued. There may be delays because Congress has not yet confirmed key policy advisors in both departments.

The White House’s Domestic Policy Council will consider how student loan forgiveness should be targeted, regardless of whether it is implemented through executive action or legislation.

Borrowers should beware of student loan scams that promise debt forgiveness, in exchange for a fee. When student loan forgiveness is implemented, it will most likely be automatic and free. The U.S. Department of Education will publish an update on the StudentAid.gov website.

The U.S. Department of Education has recently taken a few steps toward providing student debt relief for which they have clear legal authority:

Restoration of Total and Permanent Disability Discharges

Some disabled borrowers who qualified for a Total and Permanent Disability Discharge had their repayment obligation reinstated because they failed to submit the annual earnings paperwork during the pandemic. The U.S. Department of Education will reverse the reinstatements and provide other student loan debt relief for 230,000 borrowers with Total and Permanent Disability Discharges.

Expansion to the Payment Pause and Interest Waiver

Borrowers with a federally-held federal education loan are eligible for administrative forbearance and an interest waiver through January 31, 2022. Unfortunately, borrowers with defaulted loans in the Federal Family Education Loan Program (FFELP) were not eligible because those loans were held by guarantee agencies on behalf of the U.S. Department of Education. The U.S. Department of Education has decided to make these borrowers eligible for the federal student loan payment pause and interest waiver, affecting more than one million FFELP borrowers. FFELP borrowers who defaulted during the pandemic will also have their loans returned to good standing and the defaults removed from their credit histories.

Full Debt Forgiveness for Approved Borrower Defense to Repayment Discharge Claims

The Trump administration implemented a scheme in which defrauded borrowers received only partial forgiveness of their loans. The partial relief methodology was flawed. The U.S. Department of Education has decided that all borrowers whose borrower defense claims were approved will receive a full discharge of their loans. This will affect 72,000 borrowers who were subject to predatory student lending.

Tax-free Student Loan Forgiveness

Congress also took action concerning the tax treatment of student loan debt forgiveness. The American Rescue Plan Act of 2021 included tax-free status for all student loan forgiveness and debt cancellation through December 31, 2025. This primarily affects the forgiveness after 20 or 25 years in an income-driven repayment plan, since most other forms of student loan cancellation already had tax-free status. However, it sets the stage for future student debt forgiveness, whether implemented by executive action or new legislation.

Congress previously provided employer-paid student loan repayment assistance programs, or LRAPs, with tax-free status through December 31, 2025, in the Consolidated Appropriations Act, 2021.

The Biden administration and Congress have not yet taken any action concerning the bankruptcy discharge of student loans.

Likely Future Student Loan Forgiveness Developments

The next event will occur when the Supreme Court of the United States hears arguments in the case on whether the President has the executive power to forgive student debt broadly. These arguments will take place on February 28th, 2023. The ruling will follow, most likely within a few months.

The timing of loan forgiveness will also depend on which loans are eligible.

  • If student loan forgiveness is limited to federally-held loans, the process will be automatic and will happen within a month or two of the President signing the bill into law, assuming that there aren’t complicated eligibility restrictions. If there are limits based on income or other information not immediately available to the U.S. Department of Education, that may make the process more complicated and add months.
  • If commercially-held federal loans are eligible, it will take a little longer for those loans, since the U.S. Department of Education would have to make payments to the FFELP lenders to pay off the balances.
  • If private student loans are eligible, it will take even longer, because borrowers will have to submit an application that lists the loans, the loan id numbers, and the name and payment address of the lender. The U.S. Department of Education does not have any records of loans made through purely private student loan programs.

Other Ways to Lower Student Loan Payments

There are other ways outside of a full student loan forgiveness that can help you lower your total monthly payments. Each can make payments on your student loans more affordable. Here are some of the most popular opportunities to do just that.

Consolidating Loans

Borrowers with FFELP loans might consider consolidating them into a Federal Direct Consolidation Loan, in case the loan forgiveness is limited to student loans that are held by the federal government. Consolidating FFELP loans can also make them eligible for the payment pause and interest waiver, which runs through May 1, 2022.

The main risk associated with consolidation is that it resets the monthly payment clock for qualifying for 25-year forgiveness in an income-based repayment plan. Also, if a student borrower is receiving discounts from the FFELP lender, they will lose that benefit if they consolidate. Direct Loans offer a 0.25% interest rate reduction for borrowers who sign up for AutoPay and no other discounts. Otherwise, there’s no significant downside to consolidation.

Refinancing Loans

Borrowers who are thinking about refinancing federal loans into a private loan to lock in current low-interest rates may want to wait. Loans that are eligible for the payment pause and interest waiver effectively have a 0% interest rate through August 31, 2022. So, refinancing will increase the borrower’s costs in the short term. Borrowers with high-interest rates may wish to start considering student loan refinancing options, especially as the Federal Reserve begins to hike its target Federal Funds rate. On the other hand, borrowers with private student loans do not risk losing forgiveness if they refinance their private student loans into a new private loan.

Borrowers who still have jobs and are able to continue making payments on their student loans should bank the money or pay down other debt, instead of making extra payments on their loans. It’s a good opportunity to build or bulk up your emergency fund. Generally, any borrower who expects to receive loan forgiveness should not make extra payments when they are not required to do so, as that just reduces the amount of forgiveness they will eventually receive. After the details of student loan forgiveness are announced, borrowers can use the banked money to pay down debt as appropriate.

Existing Federal Student Loan Forgiveness Programs

If a borrower expects to receive loan forgiveness under President Biden, they can stop making federal student loan payments during the payment pause and interest waiver period, which was extended through December 31, 2022.

But, some borrowers may be eligible for an existing student loan forgiveness program. For example, Public Service Loan Forgiveness (PSLF) is available to borrowers who work full-time in a qualifying public service job. A borrower is eligible for loan forgiveness after making 120 qualifying payments.

During the payment pause, borrowers can still earn credit toward PSLF. As long as they continue to meet the eligibility requirements and submit the PSLF form, they will receive qualifying payment credit.

Borrowers who will not qualify for loan forgiveness when the relief period ends can also consider an income-driven repayment plan. With an income-driven repayment plan, monthly payments are adjusted based on the borrower’s annual income. After a specified period of time (20 or 25 years) the debt is forgiven.

Additional Student Loan Forgiveness Programs

There are many different types of student loan forgiveness programs beyond just the plan that President Biden announced in August 2022. Below is a brief summary of the other loan forgiveness options that you may qualify for.

Public Student Loan Forgiveness

One of the major national student loan forgiveness programs is Public Service Loan Forgiveness. This is available to government and certain nonprofit employees with federal student loans. Under the scheme, you could be eligible for your remaining loan balance to be forgiven, tax-free, after you’ve made 120 qualifying loan payments.

In October 2021, the Education Department announced a limited waiver that expanded the eligibility for payments that qualify for Public Service Loan Forgiveness, through October 31, 2022. Under the waiver, payments made on any repayment plan, as well as late payments and those made on FFEL and Perkins loans, count as qualifying payments retroactively.

Income-Driven Repayment Forgiveness

Under the federal government’s four income-driven repayment plans (Income-Contingent Repayment, Income-Based Repayment, Pay-As-You-Earn Repayment, and Revised Pay-As-You-Earn Repayment plans), monthly loan payments are capped as a percentage of your income. You’ll then be eligible for forgiveness of your remaining loan balance after either 20 or 25 years, depending on the type of plan and your individual situation, making this a type of low-income student loan forgiveness.

Loan Forgiveness for Teachers and Nurses

Working nurses may be eligible for several types of student loan forgiveness, including Public Service Loan Forgiveness, the NURSE Corps Loan Repayment Program, and Perkins loan cancellation. If you qualify, the NURSE Corps Loan Repayment Program could pay up to 85% of your student debt, though it is highly competitive.

Similarly, teachers working full-time in low-income elementary and secondary schools may qualify for the Teacher Loan Forgiveness program, which can forgive up to $17,500 in Stafford or federal direct loans. To qualify, you’ll need to work in a qualifying public school for at least five consecutive years and have loans dating from later than October 1, 1998.

Other Student Loan Forgiveness Programs

You may also qualify for other types of loan forgiveness and cancellation, depending on the type of loans you have, where you live, and your individual situation.

Other types of student loan forgiveness grants include:

  • State programs: Some states offer repayment assistance to certain professionals, such as licensed doctors, nurses, teachers, and lawyers. Canada also offers a range of similar programs such as the Ontario Student Assistance Program (OSAP) loan forgiveness.
  • Perkins loan cancellation: If you have a Perkins loan and hold a position in public service for at least years, you may be eligible to have a percentage or all of your Perkins loan student debt canceled.
  • Military loan forgiveness: Army, Air Force, Navy, Coast Guard, and National Guard personnel may qualify for loan forgiveness and/or assistance.
  • Assistance for public service professionals: Various organizations offer debt assistance to certain public service professionals.

Student Loan Discharge Programs

You may also be able to find student help assistance through student loan discharge programs. Loan discharge is very similar to loan forgiveness and cancellation but generally occurs when you no longer need to make payments on your loans due to a change in circumstances.

The most common reasons you may be eligible for student loan discharge include:

  • Total and permanent disability discharge: You may be eligible to have your remaining student loan debt canceled if you are totally and permanently disabled and unable to work. If you are a veteran, the loan discharge is usually automatic.
  • Closed school discharge: If the school where you received your loans closes while you’re still enrolled or within 120 days of you leaving, without you receiving a degree, you may qualify for loan discharge.
  • Borrower defense to repayment discharge: You could also be eligible for loan discharge if you were defrauded by your school as part of widespread fraud or misrepresentation.
  • Loan discharge after death: If you die, any federal loans of parent PLUS loans will be eligible for discharge. If your parent dies while holding a PLUS loan, this will also be eligible for discharge.

The Bottom Line

Overall, student loan forgiveness should be resolved in 2023, one way or another. While the legal arguments benefit the White House, the Supreme Court has been voting recently on a straight political line. This would make many believe that they will strike the loan forgiveness down.

Frequently Asked Questions FAQs

What is student loan forgiveness?

In essence, student loan forgiveness is when you’re no longer required to make payments on your student loans. It can apply to all or part of your remaining student loan balance and is usually applied because of your professional or the work you do. It can come in various forms, such as federal student loan forgiveness, Perkins loan cancellation, and specific state programs.

How to apply for student loan forgiveness

To start your loan forgiveness application for Biden’s plan, the first step is to fill out an online application that first became available in October 2022 on the government’s student loan website. However, it is unavailable pending the Supreme Court ruling. For other loan forgiveness plans you should reach out to your loan servicer. If Depending on your loan servicer and the type of loan forgiveness you’re applying for, you may be able to make your student loan forgiveness application online and you may or may not be required to continue to make payments while your application is processed. 

Who qualifies for student loan forgiveness?

There is a range of people who qualify for loan forgiveness, cancellation, and discharge under Biden’s student loan forgiveness schemes, student loan forgiveness COVID, and other programs. The most common criteria are associated with your work, such as holding a certain kind of public service, nursing, or teaching position for a specific period of time, as well as military service, total and permanent disability, and because your school closes down or defrauds you.

What disabilities qualify for student loan forgiveness?

Generally, in order to qualify for student loan forgiveness, you’ll need to experience total and permanent disability which means you are no longer able to work. If you are unsure, contact your student loan servicer to see if you qualify.

What is the student loan forgiveness program?

There is a range of student loan forgiveness programs at federal, state, and organizational levels. To check whether you’re eligible for legitimate student loan forgiveness programs, contact your student loan service provider.

A good place to start:

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