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Here’s what borrowers can do if student loan forgiveness falls though


HOUSTON, TEXAS – AUGUST 29: Students study in the Rice University Library on August 29, 2022 in Houston, Texas.

Brandon Bell | Getty Images News | Getty Images

After President Joe Biden’s historic announcement that tens of millions of Americans would get up to $20,000 in student loan forgiveness, borrowers’ celebrations were short-lived.

Conservative groups and Republicans soon brought a number of legal challenges against the president’s plan, arguing that the policy was unfair and an overreach of executive authority. Two of those lawsuits have been successful in halting the Biden administration from canceling hundreds of billions of dollars in student debt. In February, the U.S. Supreme Court will have the final say on if the plan can proceed or not.

The disappointment and financial distress that borrowers will feel if Biden’s forgiveness plan is struck down — a likely outcome, according to experts — is likely to be massive.

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A group of borrower advocacy groups, in a recent brief to the highest court, said student debt forgiveness was essential to the country’s recovery from the public health crisis, which exacerbated the financial difficulties for “borrowers who have, for decades, been at the mercy of a broken student loan system.” Without the cancellation, they warned, “working and middle-class borrowers are at substantial risk of default.”

If that is the way things go, however, here are four of the other relief options for struggling borrowers.

1. Defer payments (once they resume)

The pandemic-era policy suspending federal student loan payments and the accrual of interest is still active. The U.S. Department of Education has said borrowers won’t need to start making payments on their debt again until 60 days after the litigation around its forgiveness plan resolves.

If the lawsuits are still pending at the end of June, the bills will resume 60 days after that, at the end of August.

If you’re unemployed or dealing with another financial hardship at that time, you can put in a request for an economic hardship or unemployment deferment. Those are the ideal ways to postpone your federal student loan payments, because interest doesn’t accrue.

If you don’t qualify for either, though, you can use a forbearance to continue suspending your bills. Just keep in mind that with forbearance, interest will rack up and your balance will be larger — possibly much larger — when you resume paying.

2. Use the Public Service Loan Forgiveness program

3. Find a more affordable repayment plan

President Biden: 22 million people have signed on for student debt relief

If you do decide to change your repayment plan, Mayotte recommends submitting that application to your servicer well ahead of the timeline for payments to restart. Lenders will likely be overwhelmed when they have to begin collecting loan payments from tens of millions of people again.

“I have significant concerns that there will be some big servicing delays,” Mayotte said.

4. File for bankruptcy protection

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