34 C.F.R. § 685.100

The William D. Ford Federal Direct Loan Program

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(a) Under the William D. Ford Federal Direct Loan (Direct Loan) Program (formerly known as the Federal Direct Student Loan Program), the Secretary makes loans to enable a student or parent to pay the costs of the student's attendance at a postsecondary school. This part governs the Federal Direct Stafford/Ford Loan Program, the Federal Direct Unsubsidized Stafford/Ford Loan Program, the Federal Direct PLUS Program, and the Federal Direct Consolidation Loan Program. The Secretary makes loans under the following program components:

(1)(i) Federal Direct Stafford/Ford Loan Program (Direct Subsidized Loan Program), which provides loans to undergraduate, graduate, and professional students. Loans made under this program are referred to as Direct Subsidized Loans. Except as provided in paragraph (a)(1)(ii) of this section, the Secretary subsidizes the interest while the borrower is in an in-school, grace, or deferment period. Graduate and professional students are not eligible to receive Direct Subsidized Loans for any period of enrollment beginning on or after July 1, 2012.

(ii) The Secretary does not subsidize the interest that accrues during the grace period on any Direct Subsidized Loan for which the first disbursement is made on or after July 1, 2012 and before July 1, 2014.

(2) Federal Direct Unsubsidized Stafford/Ford Loan Program (Direct Unsubsidized Loan Program), which provides loans to undergraduate, graduate and professional students. Loans made under this program are referred to as Direct Unsubsidized Loans. The borrower is responsible for the interest that accrues during any period.

(3) Federal Direct PLUS Program (Direct PLUS Loan Program), which provides loans to parents of dependent students and to graduate or professional students. Loans made under this program are referred to as Direct PLUS Loans. The borrower is responsible for the interest that accrues during any period.

(4) Federal Direct Consolidation Loan Program (Direct Consolidation Loan Program), which provides loans to borrowers to consolidate certain Federal educational loans. Loans made under this program are referred to as Direct Consolidation Loans.

(b) The Secretary makes a Direct Subsidized Loan, a Direct Unsubsidized Loan, or a Direct PLUS Loan only to a student or a parent of a student enrolled in a school that participates in the Direct Loan Program.

(c) The Secretary makes a Direct Consolidation Loan only to a borrower who is consolidating at least one loan made under the Direct Loan Program or the Federal Family Education Loan (FFEL) Program.

(Authority: 20 U.S.C. 1087a et seq.) [59 FR 61690, Dec. 1, 1994, as amended at 71 FR 45709, Aug. 9, 2006; 78 FR 65823, Nov. 1, 2013]

Notes of Decisions

Cited in 24 cases, 1996–2020 · leading case: Bronsdon v. Educ. Credit Mgmt. Corp. (In Re Bronsdon), 435 B.R. 791 (1st Cir. BAP 2010).

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Bronsdon v. Educ. Credit Mgmt. Corp. (In Re Bronsdon), 435 B.R. 791 (1st Cir. BAP 2010). · cites it 4× “[6] At ECMC's request, the bankruptcy court took judicial notice of the Ford Program, 34 C.F.R. §§ 685.100 , et seq. The Ford Program offers, among other things, a student loan consolidation repayment option known as the income contingent repayment plan (the "ICRP").”

In Re Lorna Kaye Nys, Debtor, Educ. Credit Mgmt. Corp. v. Lorna Kaye Nys, 446 F.3d 938 (9th Cir. 2006). “Ford Loan Program (“Ford”), see 34 C.F.R. § 685.100 , in an attempt to establish an affordable payment plan.”

Student Loan Servicing All. v. Dist. of Columbia, 351 F. Supp. 3d 26 (D.C. Cir. 2018). “Facts ¶ 29 (citing 34 C.F.R. § 685.100 (a) ). In contrast, "[u]nder the FFELP, DOED is responsible for providing guarantees to lenders against losses, reinsuring loans, and subsidizing loans made by private and non-profit lenders.”

Pobiner v. Educ. Credit Mgmt. Corp. (In Re Pobiner), 309 B.R. 405 (Bankr. E.D.N.Y. 2004). “See 34 C.F.R. § 685.100 et seq. At any time, the borrower can switch to one of the other repayment options, depending on his circumstances.”

Johnson v. United States, 105 Fed. Cl. 85 (Fed. Cl. 2012). “See 34 C.F.R. § 685.100 (a)(4). As part of the application, Mr.”

Eisenberg v. Pennsylvania State Univ. (In re Lewis), 574 B.R. 536 (Bankr. E.D. Pa. 2017). “Likewise, a chapter 7 trustee may only avoid "a transfer made or obligation incurred by a debtor" under PUF-TA, 12 Pa. C.S. §§ 5104, 5105, if the asset transferred was property of the debtor.”

Fulbright v. United States Dep't of Educ. (In Re Fulbright), 319 B.R. 650 (Bankr. D. Mont. 2005). “Ford Program is found at 34 C.F.R. § 685.100 et seq. Faatalale’s Decl.”

Clark v. United States Dep't of Educ. (In Re Clark), 341 B.R. 238 (Bankr. N.D. Ill. 2006). “34C.F.R. § 685.100(a) (2005). 2 . When a borrower fails to select a repayment plan option, Education's regulations require that the borrower be assigned repayment under the standard repayment plan.”

Buckland v. Educ. Credit Mgmt. Corp. (In Re Buckland), 424 B.R. 883 (Bankr. D. Kan. 2010). “§ 1087e(d)(l)(D); 34 C.F.R. § 685.100 ei seq. 28 . ECMC Exhibit AA.”

Novak v. Univ. of Miami (In re Demitrus), 586 B.R. 88 (Bankr. D. Conn. 2018). “) (the "HEA"), as well as its implementing regulations ( 34 C.F.R. § 685.100 et seq. ) (the "Regulations").”

Educ. Credit Mgmt. Corp. v. Young, 376 B.R. 795 (E.D. Tex. 2007). “See generally 34 C.F.R. § 685.100 , et. seq. (2006). While Debtor certainly was entitled to pursue a discharge in bankruptcy, his reticence to consider other options indicates a lack of good faith.”

Ayele v. Educ. Credit Mgmt. Corp., 468 B.R. 24 (Bankr. D. Mass. 2012). “, and is contained within the Code of Federal Regulations, see 34 C.F.R. §§ 685.100 through 685.402. The Ford Program provides for student loan consolidation under the guaranteed student loan program, see 34 C.”

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