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Student Loan Law (3d ed. 2006)
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Federal Statutes
FFEL Authority (selected): 20 U.S.C. §§ 1071-1087-4
Direct Loan Authority (selected): 20 U.S.C. §§ 1087a1087j
Perkins Authority (selected): 20 U.S.C. §§ 1087aa1087ii
General Provisions (selected): 20 U.S.C. §§ 10881095a
Federal Debt Collection Act (selected): 31 U.S.C. § 3716, 31 U.S.C. § 3720A, 31
U.S.C. § 3720D (Appendix A.1.5)
Federal Regulations
Debt Collection Regulations
Administrative Offset: 34 C.F.R. §§ 30.2030.31 (Appendix B.1.1)
Tax Refund Offset: 34 C.F.R. § 30.33 (Appendix B.1.2)
Administrative Wage Garnishment
34 C.F.R. § 34 (Appendix B.1.3)
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Student Loan Law
68 Fed. Reg. 8142 (Feb. 19, 2003)
Proposed Regulations, 67 Fed. Reg. 18072 (Apr. 12, 2002)
NCLC's Comments on Proposed Regulations
Collection Costs and Penalties: 34 C.F.R. §§ 30.60 and 30.61 (Appendix B.1.4)
Compromise of Debts: 34 C.F.R. § 30.70 (Appendix B.1.5)
Department of Treasury Debt Collection Regulations
31 C.F.R. § 285.4, 31 C.F.R. § 901.3 (Appendix B.1.6)
Interim Rule Change, 31 C.F.R. § 285 (Dec. 26, 2002)
Proposed Interim Rule Change, 31 C.F.R. § 5 (Oct. 28, 2002)
FFEL Regulations
34 C.F.R. §§ 682.100.103, §§ 682.200.215, §§ 682.400.416
Interim Regulations Implementing HERA (Aug. 9, 2006 (71 Fed. Reg. 45666)
and July 3, 2006 (71 Fed. Reg. 37990))
Amendment to 34 C.F.R. § 682.200 (Mar. 16, 2004) (69 Fed. Reg. 12276)
Amendments to 34 C.F.R. §§ 682 (Dec. 31, 2003) (68 Fed. Reg. 7542875430)
Amendment to 34 C.F.R. § 682.416 (Nov. 26, 2003) (68 Fed. Reg. 66615)
Change to Student Assistance Provisions, 34 C.F.R. § 668 (Apr. 18, 2003)
Final Rule, Federal Student Aid Programs (67 Fed. Reg. 67048) (Nov. 1, 2002)
Final Rule, Student Assistance Provisions, 34 C.F.R. § 668 (Oct. 31, 2002)
Proposed Regulations, Student Assistance Provisions, 67 Fed. Reg.
5103551056 (Aug. 6, 2002)
Direct Loan Regulations
34 C.F.R. §§ 685.100.103, §§ 685.200.220
Interim Regulations Implementing HERA (Aug. 9, 2006 (71 Fed. Reg. 45666)
and July 3, 2006 (71 Fed. Reg. 37990))
Amendment to 34 C.F.R. § 685.102 (Mar. 16, 2004) (69 Fed. Reg. 12276)
Amendments to 34 C.F.R. §§ 685 (Dec. 31, 2003) (68 Fed. Reg. 7542875430)
Final Rule, Federal Student Aid Programs (67 Fed. Reg. 67048) (Nov. 1, 2002)
Perkins Regulations
34 C.F.R. §§ 674.31.40, § 674.41.50, § 674.61.63
Interim Regulations Implementing HERA (Aug. 9, 2006 (71 Fed. Reg. 45666))
Amendment to 34 C.F.R. § 674.61 (Dec. 31, 2003) (68 Fed. Reg.
7542875430)
Final Rule, Federal Student Aid Programs (67 Fed. Reg. 67048) (Nov. 1, 2002)
Proposed Regulations, 67 Fed. Reg. 5171851741 (Aug. 8, 2002)
Selected Institutional Eligibility Requirements: 34 §§ C.F.R. 600.1600.11 (Appendix
B.5.1)
Selected Student Assistance General Provisions: 34 §§ C.F.R. 668.1668.9,
668.11668.22 (Appendix B.5.2)
Notice of Waivers and Modifications of Statutory and Regulatory Provisions: FFEL,
Perkins, Direct Loan, 68 Fed. Reg. 25821 (May 14, 2003)
Final Regulations, Federal Student Aid Programs, 67 Fed. Reg. 67048 (Nov. 1, 2002)
Policy Guidance Letters
New Total and Permanent Disability Discharge Procedures for Title IV Loans--
Effective July 1, 2002 (G-02-334) (Appendix C.1)
Revised Procedures Related to Death and Total and Permanent Disability Discharge
Requests for the Federal Family Education Loan (FFEL) Program (99-G-324)
(Appendix C.1)
Loan Discharges Based on Improper Determination That a Student Had the
Ability-to-Benefit (ATB) from the School's Training (GEN-95-42) (Appendix
C.1)
Guidance Concerning Closed-School and False-Certification Loan Discharges and
Relief for Unauthorized Endorsements in the Federal Family Education Loan
(FFEL) Program (Appendix C.1)
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CD-Rom Contents
Lender Options for Determining Federal Consolidation Loan Interest Rates As of July
1, 2006 (FP-06-09) (Appendix C.2)
Confirmation that Department of Education Will Enforce Single Holder Rule in the
Making of FFEL Consolidation Loans As of Apr. 1, 2006 (FP-06-03)
(Appendix C.2)
FFEL Consolidation Loans for Borrowers with FFEL and Non-FFEL Loans
(Appendix C.2)
Extension of Date Applicable to Guidance Included in FP-04-06 (FP-05-09)
FP-04-06, Aug. 2004
FP-04-05, Apr. 2004
Federal Family Education Loan (FFEL) Program Loan Holders Must Respond to
Consolidation Loan Verification Requests Within 10 Business Days (G-03-334)
(Appendix C.2)
FFEL Consolidation Payoffs (FP-04-09, Dec. 2004)
Access To and Use of NSLDS Information (GEN-05-06) (Appendix C.3)
Administrative Relief for Students and Borrowers Affected by Military Mobilizations
(G-03-347)
Notification and Extension of Guidance to Assist Title IV Participants Affected by
Hurricanes Katrina and Rita (GEN-06-07, May 2006)
Changes Made by the Higher Education Reconciliation Act (GEN-06-05, Apr. 2006)
Student Assistance Forms
Discharge Forms
Closed School (Appendix D.3.1)
False Certification: Ability to Benefit (Appendix D.3.2)
False Certification: Disqualifying Status (Appendix D.3.3)
False Certification: Unauthorized Signature/Unauthorized Payment
(Appendix.D.3.4)
Loan Discharge Application (Total and Permanent Disability) (Appendix D.3.5)
Unpaid Refund Affidavit (Appendix D.3.6)
Teacher Loan Forgiveness Application
Child Care Provider Loan Forgiveness Application
Letter from Department of Education Granting False Certification Discharge
(Appendix D.3.7)
Conditional Disability Discharge Income Verification Request
Letter from Collection Agency--Request for Disability Cancellation
Deferment and Forbearance Forms
Economic Hardship Deferment Form (Appendix D.2.1)
Education-Related Deferment Request
In-School Deferment Request
Parental Leave/Working Mother Deferment Request
Public Service Deferment Request
Temporary Total Disability Deferment Request
Direct Loan Unemployment Deferment Request (Appendix D.2.2)
General Forbearance Form (Appendix D.2.3)
Teacher Loan Forgiveness Forbearance Form
Loan Consolidation Forms
Federal Direct Consolidation Loan Application and Instructions (Appendix D.1.2)
Federal Consolidation Loan Application and Promissory Note (standard form)
Federal Consolidation Loan Application and Promissory Note (custom form)
Sample Federal Consolidation Loan Application and Promissory Note
Request to Add Loans to a Federal Consolidation Loan
Additional Loan Listing Sheet for Federal Consolidation Loan Application and
Promissory Note
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Student Loan Law
Federal Consolidation Loan Verification Certificate
Group Discharge Letters
Group Discharge Letter for PSI Students
Group Discharge Letter for PTC Students (June 30, 1995)
Group Discharge Letter for Draughon College Students (1996)
Group Discharge Letter for UES Students (Dec. 1996)
Group Discharge Letter for Andover Tractor Trailer School Students (May 1997)
Group Discharge Letter for Cambridge Technical Institute Students (Apr. 1999)
Letter Regarding Administrative Wage Garnishment and Hardship Defense
(Jan. 1998)
Promissory Notes and Applications
The Free Application for Federal Student Aid (FAFSA) (Appendix D.1.1)
Sample Private Loan Promissory Note (Key Bank)
Sample FFEL Stafford Loan Master Promissory Note
Sample Federal Consolidation Loan Application and Promissory Note
Repayment Plans
Statement of Financial Status Form (Appendix D.5.1)
FFEL Compromise and Write-Off Procedures for Guaranty Agencies (Appendix
D.5.2)
Direct Loans: Income Contingent Repayment Plan, Alternative Documentation
of Income (Appendix D.1.3)
Financial Disclosure Statement (Appendix D.4.2)
Sample Rehabilitation Agreement (Appendix D.5.3)
Brochure on Loan Forgiveness Program for Teachers
Repayment Agreement
Other Department of Education Forms
Request for Administrative Wage Garnishment Hearing Form (Appendix D.4.1)
Authorization to Release Information to a Third Party (Appendix D.5.4)
Pleadings, Demand Letters
Request for Reasonable and Affordable Repayment Agreement (Appendix E.1.1)
Request for Hardship Reduction (Appendix E.1.2)
Trial Memorandum to Support Borrower's Claim for Discharge of Student Loan
Based on Undue Hardship (Appendix E.6.3)
Complaint to Enjoin Discriminatory Denial of Guaranteed Student Loan in
Bankruptcy (Appendix E.6.2)
False Certification Discharge
Application for Group False-Certification Discharge
Group False-Certification Discharge Request (Appendix E.2.1)
Request for Discharge of All Students (Appendix E 2.2)
Class Action Complaint Challenging Department of Education's False-
Certification Discharge Procedures (Appendix E.2.3)
Complaint in Individual Case Challenging Denial of False-Certification
Discharge
Plaintiff's Memo Supporting Cross-Motion for Summary Judgment and in
Opposition to Defendant's Motion for Summary Judgment
Plaintiffs' Reply Memo Supporting Cross-Motion for Summary Judgment
Disability Discharges
Complaint in Individual Case Challenging Denial of Disability Discharge
(Appendix E.2.4)
Motion for Preliminary Injunction in Case Challenging Denial of Disability
Discharge
Complaint in Individual Case Challenging Denial of Disability Discharge
Challenges to Collection Letters, Garnishment
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CD-Rom Contents
Fair Debt Collection Practices Act Complaint: Collection Letters (Appendix
E.3.1)
Motion for Class Certification in FDCPA Case: Collection Letters (Appendix
E.3.2)
Memorandum in Support of Class Certification in FDCPA Case: Collection
Letters (Appendix E.3.3)
Class Action Complaint Challenging Wage Garnishment Procedures (Appendix
E.4)
Defendant's Memorandum of Points and Authorities Supporting Motion to
Dismiss in Action Challenging Federal Collection Procedures and
Calculation of Collection Fees
Complaint in Action Challenging Private Student Lender Practices
Reply Brief for Appellant Challenging Student Loan Garnishment and Other
Collection Procedures (Oct. 2002)
Brief for Appellant Challenging Student Loan Garnishment and Other
Collection Procedures (Aug. 2002)
Complaint in Case Against Student Loan Collection Agency Based on Fair
Debt Collection Practices Act and Other Violations
Federal Benefits Offsets
Amicus Curiae Brief in Support of Petitioner in James Lockhart v. U.S., et al.
(Social Security Offset Case)
Opening Merits Brief in Support of Petitioner James Lockhart (Social Security
Offset Case)
Supplemental Brief in Support of Plaintiff's Motion for Summary Judgment in
Action Challenging Federal Benefit Offsets to Collect Old Student
Loans (E.D. Mich.)
Plaintiff's Reply in Support of Motion for Summary Judgment, Challenge to
Offset of Social Security for Old Student Loans (E.D. Mich.)
U.S. Defendant's Reply to Plaintiffs' Supplemental Brief--Challenge to Offset
of Social Security for Old Student Loans (E.D. Mich.)
Discovery in Student Loan Collection Abuse Cases
Interrogatories and Request for Admissions and Production of Documents in
Case Challenging Student Loan Collection Letters (Appendix F.1)
Cases Involving Trade School Abuses
Individual Student's State Court Complaints Against School (Appendix E.5.1)
Individual Student's State Court Complaint Against School
Class Action Complaint Against Department of Education to Enjoin Collection
of Loans Made to Victims of Trade School Fraud (Appendix E.5.2.1)
Memorandum of Law Supporting Summary Judgment in Case Against
Department of Education to Enjoin Collection of Loans Made to
Victims of Trade School Fraud (Appendix E.5.2.2)
Complaint and Demand for Jury Trial: Class Action Complaint Against Private
Student Loan Servicer, Lender, and Bank (Appendix E.7.1)
Private Student Loan Borrower's Complaint Against Proprietary School and
Lender (Appendix E.7.2)
Class Action Complaint Against School Officer, Other Parties Regarding Trade
School Fraud
Class Certification Proposed Order; Motion, and Memorandum in Case Against
School Officer, Other Parties Regarding Trade School Fraud
Class Notice in Case Against School Officer, Other Parties Regarding Trade
School Fraud
Complaint for Declaratory Relief That School's Fraud Is Defense on the
Student Loan
Dischargeability Complaint Raising School's Fraud (Appendix E.6.2, Student
Loan Law, 2002 ed.)
xxv
Student Loan Law
Memorandum of Law Seeking to Declare Private Student Loan Unenforceable
Based on School Fraud
Discovery Directed to Trade Schools
First Interrogatories and Document Requests Directed to a School (Appendix
F.2.1)
Additional Interrogatories Document Requests Directed to a School (Appendix
F.2.2)
Discovery in Bankruptcy Proceeding to Determine Dischargeability of Student Loan
(Appendix F.3)
Freedom of Information Act Requests (Appendix F.4)
Trial Memorandum Seeking to Discharge Student Loan in Bankruptcy Based on
Undue Hardship
Complaint for Relief from Default Judgment on Student Loan, Based on Identity
Theft
Reports, Other Information
Guaranty Agencies (Appendix G)
Collection Agencies (Appendix H)
GAO Reports
Distance Education: Improved Data on Program Costs and Guidelines on
Quality Assessments Needed to Inform Federal Policy
Federal Student Aid: Timely Performance Plans and Reports Would Help Guide
and Assess Achievement of Default Management Goals
Student Loans: Default Rates Need to Be Computed More Appropriately
Growth in Distance Education Programs and Implications for Federal Education
Policy
Debt Collection Improvement Act of 1996: Status of Selected Agencies
Student Loans: Direct Loan Default Rates
Department of Education Reports and Handbooks
U.S. Department of Education Distance Education Demonstration Program,
Third Report to Congress (Apr. 2005)
U.S. Department of Education Distance Education Demonstration Program,
Second Report to Congress (July 2003)
Audit of the Department's Monitoring of Private Collection Agency Contractors
(Dec. 2003)
Administrative Wage Garnishment: Employer's Handbook
Audit to Determine If Cohort Default Rates Provide Sufficient Information on
Default in the Title IV Programs (Dec. 2003)
Reports for Student Advocates
Making the Numbers Count: Why Proprietary School Performance Data
Doesn't Add Up and What Can Be Done About It (NCLC Report, June
2005)
State PIRGs Report on Private Student Loans
No Way Out: Student Loans, Financial Distress and the Need for Policy
Reform (National Consumer Law Center, June 2006)
Addressing Student Loan Repayment Burdens (The Project on Student Debt,
Feb. 2006)
Paying Back, Not Giving Back (State PIRGs Higher Education Project, Apr.
2006)
Private Loans and Choice in Financing in Higher Education (Institute for
Higher Education Policy, 2003)
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CD-Rom Contents
Info for Students
Frequently Asked Questions (Appendix I)
Funding Education Beyond High School: The Guide to Federal Student Aid (English
and Spanish)
Repaying Your Student Loans (English and Spanish)
Myths About Financial Aid
What Is a U.S. Department of Education PIN and Why Do I Need One?
Student Loan Law Appendices on CD-Rom
Table of Contents
Appendix A, Federal Student Loan Statutes
Appendix B, Federal Regulations
Appendix C, Department of Education Policy Guidance Letters
Appendix D, Student Assistance Forms
Appendix E, Sample Pleadings and Letters
Appendix F, Sample Discovery and Freedom of Information Act Requests
Appendix G, Directory of Guaranty Agencies
Appendix H, Student Loan Collection Agencies
Appendix I, Federal Student Financial Assistance: Frequently Asked Questions
Index
Word Processing Pleadings on CD-Rom
Quick Reference to the Consumer Credit and Sales Legal Practice Series
What Your Library Should Contain
Word Pleadings on CD-Rom
Request for Reasonable and Affordable Repayment Agreement (Appendix E.1.1)
Request for Hardship Reduction (Appendix E.1.2)
Trial Memorandum to Support Borrower's Claim for Discharge of Student Loan
Based on Undue Hardship (Appendix E.6.3)
Complaint to Enjoin Discriminatory Denial of Guaranteed Student Loan in
Bankruptcy (Appendix E.6.2)
False-Certification Discharge
Disability Discharges
Challenges to Collection Letters, Garnishment
Federal Benefits Offsets
Discovery in Student Loan Collection Abuse Cases
Cases Involving Trade School Abuses
Discovery Directed to Trade Schools
Discovery in Bankruptcy Proceeding to Determine Dischargeability of Student Loan
(Appendix F.3)
Freedom of Information Act Requests (Appendix F.4)
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Student Loan Law
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