The Claim Filing Deadline has passed.

The Settlement was approved by the Court on Thursday, December 14, 2023 after a Final Approval Hearing on December 13, 2023.  Settlement payments were mailed to eligible Class Members on July 23, 2024.

Loans that were eligible for discharge under this Settlement have been discharged by Navient Solutions.

What is this Settlement about?

The Lawsuit deals with “Private Student Loans,” which for this purpose are defined as student loans that were not made, insured, or guaranteed by a governmental unit or non-profit institution, were not made under any program funded in whole or in part by any governmental entity or non-profit institution, and were for attendance at schools that were accredited under Title IV of the Higher Education Act of 1965.

The Lawsuit alleges that these Private Student Loans are “dischargeable” in bankruptcy because the amount disbursed on the loans to the borrower exceeded the borrower’s “Cost of Attendance.”  “Cost of Attendance” means the cost of attending the borrower’s school during the academic year for which the loan was obtained, as determined by the borrower’s school.

Who is included?

The people covered by the proposed Settlement are referred to as the “Settlement Class.”  With some limited exceptions, described below, the Settlement Class includes all individuals who meet each of the following criteria:  (1) they filed for bankruptcy protection on or after October 17, 2005; (2) before their bankruptcy filing, they became obligated to repay one or more Private Student Loans either as a borrower or as a co-borrower; (3) they obtained in their bankruptcy case an order of discharge issued by the bankruptcy court; and (4) they have never reaffirmed their Private Student Loans.

What does the Settlement provide?

The proposed Settlement will provide three potential benefits to you:  (1) Navient’s agreement to forego collection of the amounts reflected in the Discharged Debt column in Exhibit 1, which may reflect all or some amount less than all of your outstanding balance; (2) the repayment to you of all or a portion of any amounts you have paid to Navient on your Private Student Loan or Loans listed in the Damages column in Exhibit 1 since the date of your bankruptcy discharge if you submitted a Claim Form; and (3) either deleting or updating trade line information to credit-reporting agencies about your Private Student Loan or Loans listed in Exhibit 1.

PLEASE NOTE:  The proposed Settlement will not terminate, eliminate, or reduce your obligation or the obligation of any co-borrower to make payment to Navient on any student loans owned by Navient that are not listed in Exhibit 1.  Navient will retain all of its rights and remedies, including the right to collect, on any student loans that are not listed in Exhibit 1.  The proposed Settlement will not terminate, eliminate, or reduce your obligation to make payments to Navient on the amount listed in the “Remaining Balance” column in Exhibit 1.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT