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Can a Student Loan Borrower Whose Borrower Defense Claim is Initially Denied Seek Reconsideration?

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In debt to student loan servicers around the US to the tune of $1.6 trillion, many student loan borrowers feel as if they are carrying the weight of the world on their shoulders—and indeed they may be carrying not only the weight of their own personal economies, but that of the nation as well, eventually. At the very least, many individuals laden down with student loans are carrying the weight of trying to find good jobs while already supporting families (and in many cases, households with two adults may have two student loans to pay off).

Even borrowers who may be extremely young and have not bought homes, gotten married, or had children yet may quickly reach the breaking point when they realize how difficult it is to make an average student loan debt payment close to $400 a month. Those who have attended graduate schools may find themselves with much heftier price tags and resulting student loan debt payments that are enormous later.

As analysts around the country and concerned government officials turn their attention to the student loan debt crisis in various, concerted attempts to figure out where the problems stem from and how to solve them, borrowers are often the ones being blamed. Despite misplaced blame, however, it is undeniable that seeking an education should not be as difficult—or as expensive—as it is in the US. A serious lack of counseling leads many students, some who may still be in their teens, into signing off on loans that could be devastating to them later. When you consider how little financial experience an 18-year-old probably has, it is staggering to think that they could be signing their lives away before it even gets started.

Now, with new rules instituted by the US Department of Education, stripping away protection put in the place by the Obama administration for the borrower defense rule, students have an even shakier leg to stand on or rely on. The very few measures of support they may have had are being stripped away, with student loan debt at crisis levels and individuals of all ages struggling to get by.

You may be wondering what your chances are of having your borrower defense claim upheld if it was initially denied in court. In terms of whether or not you should seek reconsideration– or at least do so hopefully –under the 2019 Rule relevant to borrowers taking out loans between after June 30, 2020, the answer would be a flat out no. If you are denied, it is final. If, however, your case still applies under the 2016 Rule with loans taken out between July 1, 2017 and June 30, 2020, you may seek reconsideration if you have evidence that was not entered in your case and presented before the court previously.

Have you experienced problems with your loan service provider or student loan program, or are you in danger of defaulting on your student loan?

Speak with an attorney from Fitzgerald & Campbell, APLC as soon as possible to examine your options. Our attorneys have decades of experience in serving clients as they navigate through challenging financial situations, to include student loan issues, bankruptcy, and other debt management processes. We are here to help! Click here to schedule a free 30-minute consultation, call us at (844) 431-3851, or email us at

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