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Ninth Circuit Forces Education Department to Honor Student-Loan Settlement for Post-Class Applicants

7/22/2026, 12:53:32 PM

Core Event: Court Blocks Department’s Delay Tactics

On July 17, the U.S. Court of Appeals for the Ninth Circuit issued a unanimous opinion rejecting the U.S. Department of Education’s request to postpone the discharge of federal student loans for “post-class applicants” covered by the Sweet v. McMahon settlement. The ruling obliges the department to provide full settlement relief to this group of borrowers.

Background & Context

The Sweet v. McMahon settlement, finalized in June 2022, resolved a class-action lawsuit by borrowers who alleged the Department had improperly denied or delayed Borrower Defense to Repayment claims. The agreement provides $23 billion in debt discharges, refunds and credit-reporting corrections for more than 500,000 borrowers.

  • Class members – borrowers who filed before June 23 2022 and attended schools listed in Exhibit C (151 institutions with documented misconduct).
  • Post-class applicants – borrowers who filed between June 23 2022 and Nov 15 2022. They receive full relief if the Department fails to adjudicate their claims by Jan 28 2026 (Exhibit C schools) or Apr 15 2026 (others).

The Department repeatedly sought extensions, citing staffing constraints and arguing that the post-class group should not receive the same relief as the original class.

Data & Statistics

  • Approximately 170,000 post-class applicants are protected by the July 17 decision.
  • Internal records showed over 205,000 post-class applicants as early as Feb 2023.

Official Statements & Responses

Borrower advocates – Eileen Connor, president of the Project on Predatory Student Lending, called the ruling a necessary step toward fulfilling the settlement’s promise.

Department of Education – The agency argued that the volume of post-class applications would create a “windfall” for borrowers and impose an undue burden on taxpayers, maintaining that post-class applicants were not true class members. It noted that the settlement language expressly covered them, making class-membership questions irrelevant.

Verbatim Quotes

  • “Once again, the courts have rejected the Department’s attempts to evade its obligations to borrowers who have waited far too long for the relief they are owed,” — Eileen Connor
  • “The DOE failed to show ‘a significant change either in factual conditions or in law’ that would warrant modification of the Settlement,” — the court

What’s Next

The Department has not indicated whether it will seek review by the U.S. Supreme Court. The Supreme Court declined to intervene in the settlement in 2023, leaving the Ninth Circuit’s decision as the final appellate authority for now. Borrowers who qualify should expect notices of relief—those from Exhibit C schools were slated for delivery around Mar 30, with the remaining group due by Jun 15.

Conflicting Reports & Gaps

Sources differ on the exact number of post-class applicants protected by the ruling, citing “around 170,000” versus “more than 170,000.” The precise count remains unverified. The Department has not provided a timeline for completing the actual loan discharges, refunds, and credit-report corrections.