September 21, 2023 • 12–12:30 PM ET

Responding to Student Borrower Defense to Repayment (BDR) Claims

On November 1, 2022, the U.S. Department of Education, Office of Postsecondary Education, published a new Final Rule governing Institutional Eligibility Under the Higher Education Act of 1965, as Amended, including  a new standard and process for reviewing Borrower Defense to Repayment (BDR) claims. The Final Rule allows federal student loan borrowers to apply for relief from their student debt if their college or university misled them or violated certain state laws.  The Final Rule became effective on July 1, 2023; however, in August, the Fifth Circuit granted a national injunction in Career Colls. and Schs. of Texas v. U.S. Dep’t of Educ.  enjoining the Rule and ordering that the case be heard during the panel’s sitting commencing November 6, 2023.  

 Join us for a 30-minute, audio-only briefing in which NACUA members Seth Gilbertson, Senior Counsel, Bond, Schoeneck & King, PLLC and Terance (Tery) Gonsalves, Partner, Alston & Bird LLP will provide an overview of:  

  •  BDR’s origins, evolution, and the current legal landscape,

  • The applicable legal standards in light of recent legal developments, 

  • Considerations when determining whether to respond to BDR applications, and 

  • Practical tips for responding to BDR applications.


Seth Gilbertson

Seth F. Gilbertson is a Senior Counsel at Bond, Schoeneck & King, PLLC and a member of the firm's higher education and labor practice groups. Before joining BSK, Seth spent 16 years at the State University of New York, where he specialized in labor, international programs,...

Tery Gonsalves

Tery Gonsalves is a partner in the Litigation & Trial Practice Group and chair of Alston & Bird’s Education Team. He is a seasoned trial lawyer having tried more than 20 cases to verdict. He represents public and private schools, colleges, and universities, as well as clients across other industries, in a variety of matters, including complex litigation, government and internal investigations, and..


The MP3 recording is a complete recording of the briefing call and can be accessed free-of-charge for NACUA members shortly after ...


A NACUA Briefing is a service offering timely education on breaking legal developments. Briefings are short, audio-only presentations that are ...

NACUA Briefings

NACUA Briefings are intended for NACUA members only and for their colleagues at member institutions. Members may freely...

NACUA Briefings are intended for NACUA members only and for their colleagues at member institutions. Members may freely share information included as part of a Briefing with their colleagues at member institutions but should not share the information in a manner that could result in broader public distribution. Briefings should not be considered to be or used as legal advice. Legal questions should be directed to institutional legal counsel.