Reeham Youssef v. Navient Solutions, LLC, et al.
Youssef v. Navient Solutions
Case No. 23-MC-2113 (HG)
Adv. Pro. No. 17-1085

Frequently Asked Questions

 

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  • Class Members received the Notice because they have been identified as a borrower or a co-borrower on one or more student loans owned or serviced by Navient that are the subject of the Lawsuit. The Court directed that the Notice be sent to Class Members so they could evaluate whether they wanted to be included in a proposed Settlement of the Lawsuit. The notice explains the Lawsuit, the proposed Settlement, and Class Members' legal rights.

    The Claim Form sets forth the loan or loans on which a Class Member is a borrower or a co-borrower that is/are covered by the proposed Settlement. The proposed Settlement only covers Class Members' student loan or loans that are listed on the Claim Form. The proposed Settlement will have no impact on any other student loans Class Members may have that are not listed on the Claim Form.

  • The Lawsuit deals with “Private Student Loans,” which are student loans owned by Navient that (i) were not made, insured, or guaranteed by a governmental unit or non-profit institution, (ii) were not made under any program funded in whole or in part by any governmental entity or non-profit institution, (iii) were for attendance at schools that were accredited under Title IV of the Higher Education Act of 1965, and (iv) where the loan proceeds were disbursed directly to the borrower in an amount that exceeded the borrower’s maximum cost of attendance as reported in the Department of Education’s Integrated Postsecondary Education Data System.

    The Lawsuit alleges that these Private Student Loans are “dischargeable” in bankruptcy because the amount disbursed on the loans 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.

    The Lawsuit also alleges that, by collecting or attempting to collect on Private Student Loans that exceeded the Cost of Attendance from borrowers or co-borrowers who obtained discharge orders in their bankruptcy cases, the Defendants violated the bankruptcy court’s discharge orders.

    The Lawsuit seeks three forms of relief:  (1) an order requiring the Defendants to forego collection and to never attempt to collect on any remaining balances on Private Student Loans that exceeded the Cost of Attendance for borrowers or co-borrowers who obtained discharge orders in their bankruptcy cases; (2) an order requiring the Defendants to pay damages to borrowers or co-borrowers who obtained discharge orders in their bankruptcy cases; and (3) penalties against the Defendants for having allegedly violated bankruptcy court orders and the Bankruptcy Code.

  • The Lawsuit and the proposed Settlement cover only Private Student Loans.  Those are loans owned by Navient that (i) were not made, insured, or guaranteed by a governmental unit or non-profit institution, (ii) were not made under any program funded in whole or in part by any governmental entity or non-profit institution, (iii) were for attendance at schools that were accredited under Title IV of the Higher Education Act of 1965, and (iv) where the loan proceeds were disbursed directly to the borrower in an amount that exceeded the borrower’s maximum cost of attendance as reported in the Department of Education’s Integrated Postsecondary Education Data System.  There are many types of student loans that are not covered by the Lawsuit and the proposed Settlement, including federal loans under the William D. Ford Federal Direct Loan Program, the Federal Family Education Loan Program, and the Federal Perkins Loan Program.

    Class Members have been identified as having one or more student loans that are covered by the Lawsuit and the proposed Settlement.  Class Members' loans that are covered by the Lawsuit and the proposed Settlement are listed in the Claim Form.  If Class Members have other student loans not listed in the Claim Form, they are not covered by the Lawsuit or the proposed Settlement.  If the proposed Settlement is approved, it will have no impact on Class Members' obligations with respect to any student loans that are not listed in the Claim Form.

  • The Lawsuit is being pursued by Reeham Youssef, referred to as the “Plaintiff” or the “Class Representative,” for herself and on behalf of other people with similar claims.  Plaintiff agreed to a proposed Settlement after considering, among other things: (1) the substantial benefits to herself and the Class under the terms of the proposed Settlement; (2) the risks, costs, and uncertainty of continued litigation, especially in a complex case like this one; and (3) the desirability of securing a prompt resolution in order to provide effective relief to herself and the class.

    The courts have not decided whether Plaintiff’s claims or Defendants’ defenses have any merit, and they will not do so if the proposed Settlement is approved.  The proposed Settlement does not suggest that Defendants have or have not done anything wrong or that Plaintiff or the proposed class would or would not win if the Lawsuit went to trial.

  • In a class action, one or more people, called named plaintiffs or class representatives, sue on behalf of other people who have similar claims. All the people constitute the class and are considered class members. One court resolves the issues for all class members, except for those who exclude themselves from the class.

  • The people covered by the proposed Settlement are referred to as the “Settlement Class.”  With some limited exceptions, 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.

    For purposes of the proposed Settlement, a “Private Student Loan” is defined as a student loan that:  (a) was not made, insured, or guaranteed by a governmental unit or non-profit institution; (b) was not made under any program funded in whole or in part by any governmental entity or non-profit institution; (c) was for attendance at a school that was accredited under Title IV of the Higher Education Act of 1965; (d) where the loan proceeds were disbursed directly to the borrower in an amount that exceeded the borrower’s Cost of Attendance; and (e) that is owned by Navient.

    The Private Student Loan or Loans on which Class Members are a borrower or a co-borrower are listed in the Claim Form.

  • The Settlement Class will not include persons who timely and validly request exclusion.

  • The options for Class Members in this proposed Settlement were to remain in the Settlement Class, exclude oneself from the Settlement Class, or remain in the Settlement Class and object to any part of the Settlement.  


    To remain in the proposed Settlement Class, a Class Member had to do nothing and receive non-cash benefits, or one could have completed and submitted a Claim Form by no later than November 20, 2023, and potentially receive a payment under the proposed Settlement.


    To exclude oneself from the proposed Settlement Class, you must have notified the Settlement Administrator by no later than November 13, 2023. By excluding oneself, a Class Member is not eligible for any relief or payments under the Settlement, is not able to object to the Settlement, will not be bound by orders in this matter, and will keep one’s right to sue or enter any other lawsuit against defendants in regards to these issues. 


    To remain in the proposed Settlement and object to any part of the proposed Settlement by filing a written objection with the District Court, you must have filed and properly served any objection you decided to make on or before November 13, 2023.

  • If you did nothing, you will remain a member of the Settlement Class.  As a member of the Settlement Class, you will automatically receive debt relief in the form of discharge of all or a portion of the balance on your Private Student Loan or Loans.  However, if you do nothing and do not submit a Claim Form, you will still receive debt relief but will not receive any direct monetary payment under the Settlement.

    If the Settlement is approved and you did not exclude yourself from the Settlement Class, then all of the Bankruptcy Court’s and District Court’s orders related to the Settlement will apply to you and will prevent you from ever bringing, continuing, or participating in any other lawsuit against the Defendants with respect to the Private Student Loan or Loans.

  • To be eligible for potential payment of any amounts listed in the Damages/Post-Discharge Payments column in the Claim Form, you needed to submit the Claim Form by no later than November 20, 2023.  If you did not  submit a timely and valid Claim Form, you will not receive any direct monetary payment.

  • The full terms of the proposed Settlement are set forth in a written Stipulation of Settlement that is on file in the Clerk’s office and posted to the website  www.NavientStudentLoanSettlement.com. The Stipulation of Settlement provides that Navient will:

    • Forego collection of certain outstanding balances (including principal, interest, and fees) on Private Student Loan or Loans listed in the Claim Form. There are two categories of debt relief.  For some borrowers, Navient will forego collection of the entirety of the outstanding balance on his or her Private Student Loan or Loans.  For other borrowers, Navient will forego collection of only all or a portion of the outstanding balance on his or her Private Student Loan or Loans.  The impact of the Settlement on your Private Student Loan or Loans is set forth in the Claim Form.  You do not need to submit a Claim Form in order to receive this debt relief.  The combined value of this debt relief is approximately $182.4 million.  
    • Take steps to delete all trade lines at credit-reporting agencies about your T Private Student Loan or Loans listed in the Claim Form or update the trade lines to reflect the new outstanding balances on Private Student Loan or Loans.  You do not need to submit a Claim Form to obtain this benefit.
    • Establish a Settlement Fund of $16 million to pay damages claims for those Settlement Class Members who submit timely Claim Forms that are approved by the Settlement Administrator.
    • Pay to you all or a portion of the amounts you paid to Navient since the date of your bankruptcy discharge.  You do need to submit a Claim Form to obtain this benefit.

    Navient will not pay to you any portion of amounts paid to Navient by any co-borrower.  The Damages/Post-Discharge Payments column in the Claim Form lists the total amount of payments Navient has received on your Private Student Loan or Loans since the date of your discharge.  To obtain a refund of all or a portion of this amount, you must have timely submitted a valid Claim Form, signed under penalty of perjury, identifying the portion of the amount in the Damages/Post-Discharge Payments column that were paid to Navient by you.

  • 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 the Claim Form, 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/Post-Discharge Payments column in the Claim Form since the date of your bankruptcy discharge if you submit 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 the Claim Form.

    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 the Claim Form.  Navient will retain all of its rights and remedies, including the right to collect, on any student loans that are not listed in the Claim Form.  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 the Claim Form.

  • The proposed Settlement will not terminate, eliminate, or reduce the obligation of anyone other than you to make payment to Navient on any Private Student Loan or Loans listed in the Claim Form.  Any co-borrower or co-signer will remain obligated unless he or she is himself or herself a member of the Settlement Class by virtue of having obtained his or her own bankruptcy discharge.  If the Settlement is approved, Navient will retain its rights and remedies, including the right to collect on any Private Student Loan or Loans listed in the Claim Form, against all co-borrowers or co-signers who are not themselves Class Members, even if those co-borrowers or co-signers are related to you or are members of your family or household.

  • The Damages/Post-Discharge Payments column in the Claim Form lists the total amount of payments received by Navient on your Private Student Loan or Loans since the date of your discharge.

    Navient will refund to you all or a portion of any amounts identified in the Damages/Post-Discharge Payments column in the Claim Form that were paid to Navient by you.  Navient will not repay to you any portion of the amounts in the Damages/Post-Discharge Payments column in the Claim Form that were paid to Navient by any co-borrower.

    To obtain this benefit under the Settlement, you must have submitted the Claim Form, filling in the "Portion I Paid" column with the amount from the Damages/Post-Discharge Payments column of the Claim Form that was paid to Navient by you and not by any co-borrower. The Certification on the Claim Form must have been signed under penalty of perjury.  The Claim Form must have been submitted to the Settlement Administrator by no later than November 20, 2023. 

    PLEASE NOTE: By signing the Claim Form, you attested, under penalty of perjury, that the information contained in the form is true and correct. Intentionally or knowingly providing false information in the Claim Form could constitute a federal crime and could subject you to criminal or civil penalties.

  • Not all members of the Settlement Class are eligible to receive payments. If you did not make post-discharge payments on your Loan listed in the Claim Form, then you are not entitled to a payment.  If there is no dollar amount listed in the Damages/Post-Discharge Payments column in the Claim Form, then you are not entitled to a payment.  If there is a dollar amount listed in the Damages/Post-Discharge Payments column in the Claim Form, then you are potentially entitled to a payment.  To obtain a payment for all or a portion of the amount listed in the Damages/Post-Discharge Payments column of the Claim Form, you must have submitted a timely and valid Claim Form as explained elsewhere in the Notice.

  • Likely no.  The Settlement Fund may not be sufficient to pay 100% of the amounts set forth in the Damages/Post-Discharge Payments column in the Claim Form.  The exact amount payable to eligible Class Members will not be known until all Claim Forms are received and reviewed.  If you submitted a timely Claim Form that is deemed to be sufficient, and assuming that all of the amounts listed in the Claim Form were paid to Navient by you, it is estimated that you could receive anywhere from 20% to 100% of the amounts listed in the Damages/Post-Discharge Payments column in the Claim Form.  This is just an estimate.  The actual payment amount could be more or less than this estimate.

  • Payments to eligible members of the Settlement Class will be made only after the District Court grants final approval to the Settlement and after any appeals are resolved.  The Final Approval Hearing was held on December 13, 2023. If there are appeals, which could be filed within 30 days of the Final Approval Hearing, resolving them can take a significant amount of time. Please be patient.

  • The Bankruptcy Court has designated the lawyers listed below to represent you and other Class Members.  These lawyers are called “Class Counsel.” Class Counsel may apply to the District Court for an award of attorneys’ fees and for the reimbursement of out-of-pocket expenses that they have paid in pursuit of this Lawsuit.  Any amount of attorneys’ fees and case expenses approved by the District Court will be paid out of the Settlement Fund.

    You have the right to retain your own lawyer to represent you in this case, but you are not obligated to do so.  If you do hire your own lawyer, you will have to pay his or her legal fees and expenses. You also have the right to represent yourself before the District Court without a lawyer.

    The Bankruptcy Court has designated the following lawyers as Class Counsel:

    Adam R. Shaw
    George F. Carpinello
    Jenna C. Smith
    BOIES SCHILLER & FLEXNER LLP
    30 South Pearl Street, 11th Floor
    Albany, New York 12207
    (888) 386-0868
    NavientClassAction@bsfllp.com

    Jason W. Burge
    FISHMAN HAYGOOD LLP
    201 St. Charles Avenue, 46th Floor
    New Orleans, Louisiana 70170
    (504) 586-5252
    jburge@fishmanhaygood.com

    Lynn E. Swanson
    JONES SWANSON HUDDELL, LLC
    601 Poydras Street, Suite 2655
    New Orleans, Louisiana 70130
    (504) 523-2500
    lswanson@jonesswanson.com    

    Joshua Kons
    LAW OFFICES OF JOSHUA B. KONS, LLC
    92 Hopmeadow Street, Suite LL1
    Weatogue, CT 06089
    (860) 920-5181
    joshuakons@konslaw.com

  • Class Counsel have prosecuted this case on a contingent-fee basis and have not been paid anything for their services during the more than six years the Lawsuit has been pending.  If the Settlement is approved, Class Counsel will apply to the District Court for an award of attorneys’ fees not to exceed $10 million and for the reimbursement of case expenses not to exceed $750,000 to be paid out of the Settlement Fund.  Similarly, if the Settlement is approved, Class Counsel will apply to the District Court for an award of $20,000 each to Class Representative Reeham Youssef and named plaintiff Hilal Homaidan to be paid out of the Settlement Fund for their representation of the Class.

  • To exclude yourself from the Settlement, you must have completed and sent to the address below a written, signed request that included the case name (Reeham Youssef v. Navient Solutions, LLC), your name and address, and a statement that indicates a desire to be excluded from the Settlement Class, such as “I hereby request to be excluded from the Settlement Class in the Action.” The request must have been signed by you.  Your exclusion request must have been postmarked no later than November 13, 2023, and sent to:

    Settlement Administrator:
    Youssef v Navient Solutions
    c/o JND Legal Administration
    PO Box 91072
    Seattle, WA 98111

  • If you timely requested exclusion from the Settlement Class:

    • You will not be eligible for any payment or other benefits under the proposed Settlement.
    • You will not be allowed to object to the terms of the proposed Settlement.
    • You will not be bound by any subsequent rulings entered in this case if the proposed Settlement is finally approved.
    • You will keep your right to sue or be part of any other lawsuit against the Defendants about the issues in this case.

    If your request for exclusion was late or deficient, you are still considered a part of the Settlement Class, you will be bound by the Settlement and by all other orders and judgments in this Lawsuit, and you will not be able to participate in any other lawsuits based on the claims in this case.

  • No. Upon the District Court's approval of the proposed Settlement and you did not exclude yourself from the Settlement Class, you released (gave up) all claims against the Defendants with respect to the Private Student Loan or Loans listed in the Claim Form.

  • Unless you excluded yourself, you cannot sue or be part of any other lawsuit against the Defendants about the issues in this case.  Unless you excluded yourself, all of the decisions, orders, and judgments by the Bankruptcy Court and the District Court will apply to you.  You will be releasing the Defendants (and certain related parties) from all of the claims described and identified in the Stipulation of Settlement. Unless you excluded yourself, you will be giving up any right to recover any damages or other monetary relief from the Defendants related to the Covered Loans (other than all or a portion of the amount set forth in the Damages/Post-Discharge Payments column in the Claim Form upon the timely submission of a Claim Form), including any damages for injury to your credit, mental anguish, or other injuries you may have suffered from Navient’s collection activities on Covered Loans. The Stipulation of Settlement provides more detail regarding the scope of the release.

  • No.  If you remain a member of the Settlement Class, upon approval of the Settlement, you cannot initiate or continue any lawsuit or other proceeding against the Defendants with respect to the Private Student Loan or Loans listed in the Claim Form.

  • If you chose to remain a member of the Settlement Class, you had a right to object in writing to any part of the proposed Settlement. 

    Your written objection had to include:

    • The case name and number of this case (Reeham Youssef v. Navient Solutions, LLC, Case No. 23-MC-2113 (HG)).
    • Your name, address, telephone number, and email (if available).
    • If you are represented by a lawyer, the name, address, telephone number, and email (if available) of your lawyer.
    • A written statement of the basis for your objection(s).
    • A statement of whether you intended to appear and argue at the Final Approval Hearing, with or without a lawyer.

    Your written objection had to be filed with the Clerk of the Court at the address: Clerk of the Court, United States District Court for the Eastern District of New York, Courtroom 6A South, 225 Cadman Plaza East, Brooklyn, New York 11201 by no later than November 13, 2023.  Your written objection had to be served on Class Counsel and Defense Counsel, postmarked by no later than November 13, 2023, and served on Class Counsel and Defense Counsel, by mailing your notice to:  

    Class Counsel:

    Adam R. Shaw
    BOIES SCHILLER & FLEXNER LLP
    30 South Pearl Street, 11th Floor
    Albany, New York 12207
    (518) 434-0600
    ashaw@bsfllp.com

    Defense Counsel:

    Thomas M. Farrell 
    MCGUIREWOODS LLP
    845 Texas Ave, 24th Floor 
    Houston, TX 77002 
    (713) 571-9191
    tfarrell@mcguirewoods.com
     

  • Objecting is simply a way of telling the District Court that you don’t like some aspect of the Settlement.  You could object only if you remained a member of the Settlement Class.  If you objected to the Settlement, you still remain a member of the Settlement Class and you will still be eligible to receive Settlement benefits. If you objected to the Settlement but wish to receive any part of the amounts listed in the Damages/Post-Discharge Payments column in the Claim Form, you needed to submit a timely and valid Claim Form. You will also be bound by any subsequent rulings in the Lawsuit and you will not be able to file or participate in any other lawsuit or proceeding based upon or relating to the claims, causes of action, or circumstances alleged in the Lawsuit.  If the District Court disagreed with your objection, you will still remain a member of the Settlement Class and will be bound by the District Court’s rulings.

    Excluding yourself was telling the District Court that you did not want to a part of the Settlement Class.  If you excluded yourself, you could not object to the Settlement or appear at the Final Approval Hearing.

  • The Settlement was approved by the Court on Thursday, December 14, after a Final Approval Hearing.   Claims will be administered, approved or denied, once all the outstanding case criteria have been met.  This criteria includes requirements like allowing the time to appeal pass and notifying certain Class Members about the status of their claims.  Updates will continue to be posted to the website.

  • No. Class Counsel answered questions the District Court may have had at the Final Approval Hearing.

  • If you were a member of the Settlement Class, and you (or your attorney) wanted to appear and speak at the Final Approval Hearing, you (or your attorney) had to submit a written objection and had to have filed a Notice of Intention to Appear at the Final Approval Hearing.  Your Notice of Intention to Appear at the Final Approval Hearing, along with any papers, exhibits, or other evidence you intended to present, must have been filed with the United States District Court for the Eastern District of New York at 225 Cadman Plaza East, Courtroom 6A South, Brooklyn, New York 11201 and served on Class Counsel and Defense Counsel (at their addresses specified in FAQ 25) by no later than November 13, 2023.

    If you filed objections and appeared at the Final Approval Hearing, upon approval of the proposed Settlement, you would still be eligible for benefits under the Settlement.

  • The Notice summarizes the proposed Settlement. More details are contained in the Stipulation of Settlement. The Stipulation of Settlement is on file with the Clerk of the Court and posted to the website www.NavientStudentLoanSettlement.com. For a more detailed statement of the matters involved in the Settlement and the Lawsuit, you may review the Stipulation of Settlement, the complaints, and the other papers on file in the Clerk’s office at any time during normal business hours, or by visiting the website www.NavientStudentLoanSettlement.com.

    PLEASE DO NOT CALL THE COURT OR THE CLERK OF THE COURT.

For More Information

Visit this website often to get the most up-to-date information.

Mail
Youssef v Navient Solutions
c/o JND Legal Administration
PO Box 91072
Seattle, WA 98111