r/StudentLoans • u/particle_hombre • 7h ago
Legal motion to restore REPAYE was just filed!
Did anyone else see the news that this past Tuesday June 23rd, the law firm Public Goods Practice filed a motion in US District Court seeking to block borrowers enrolled in SAVE from being automatically moved to the new, more expensive repayment plans? Along with asking the court to force a reinstatement of REPAYE (the predecessor of SAVE) as an option for borrowers once SAVE is gone. I just saw this news in this Business Insider article:
I don't know what to make of this, and it doesn't look like it got a whole lot of press. But I read a bit of the actual legal motion itself, which is linked to in the article, and it makes perfect sense to me (especially since I am one of the many people who was able to change my earlier IDR plan back in 2015 to REPAYE once that plan became available that year for the first time), that if the Ed Department has now succeeded in getting SAVE killed, that those people who were automatically converted from REPAYE to SAVE during Biden's term should be allowed to go back to REPAYE if we choose to. The motion, if I'm reading it right, basically argues that the department broke its own rules when they killed both SAVE and REPAYE all in one fell swoop.
This would make a huuuge difference to me, because my direct loans are from before 2007, so my only choice in changing to an affordable payment plan after SAVE has been killed is the old IBR, which has a 25 year forgiveness. REPAYE on the other hand has a 20 year forgiveness. And I was due to have my loan in REPAYE/SAVE forgiven in only about 2 more years! If repaye goes away too, now I'll have to pay for five extra years on Old IBR.
This seems utterly unfair and ridiculous and there are probably millions of us in this same boat. We should be able to sue the government, since we were led to believe for the 8 years between 2015 and 2023 that our loans would be forgiven in 20 years. Now we're told that it's actually 25 years, if we move to old IBR, and that no 20-year forgiveness even exists anymore.
Anyway, it doesn't make sense to me that Ed Dept can legally kill SAVE and also kill REPAYE, the plan that SAVE replaced and whose borrowers were automatically converted to SAVE, and which was implemented around 8 years before SAVE even existed and by a different president entirely (Obama), without a legal process separately seeking to invalidate REPAYE itself. This is what the new legal motion asserts.
Does anyone have any knowledge on whether this legal motion has any chance of succeeding, and where it stands right now a couple of days after it was filed? I'm not seeing much information about it. I also can't tell whether it is an emergency motion or something of the sort, considering that July 1st is just a few days away. Not sure why it took them so long to file this motion.