ITT Bankruptcy

ITT Students’ $1.5 Billion Settlement Heard by Judge In Bankruptcy

Today, former ITT students proposed a $1.5 billion settlement claim in bankruptcy court that would cancel more than $500 million in debts. All participants in the case and members of the class have until April 24 to submit their views of the settlement with the court before it is heard for final approval on June 13.  This is good news for former ITT students, but there is still a long way to go.

ITT Tech systematically defrauded students. ITT lied to and misled students about financial aid and cost of attendance, job placement and salaries, the quality of equipment and experience of instructors, the employability of ITT graduates, ITT’s programmatic accreditation, the transferability of credits, and career placement assistance.

It would be simpler to list the things ITT didn’t mislead students about.

Data from 2014 show that on average, ITT graduates earn on average the same or less than high school graduates with no college education. Approximately one in five ITT students defaulted on their federal student loans within three years.

Now, a group of ITT students have reached a proposed a settlement with the bankruptcy estate that includes a $1.5 billion allowed claim. In addition to cancelling nearly $600 million in debts, the settlement would also return the $3 million that students paid directly to ITT after it declared bankruptcy. This landmark settlement shows that the only path forward is to cancel fraudulent and unenforceable debts created by predators like ITT.

The settlement is a good start, but there is still a long way to go to make things right for former ITT students.

More than 7,000 former ITT students have submitted borrower defense applications to the Department of Education to cancel their federal student loans. These loans – and the federal loans of all former ITT students, totaling nearly $4 billion – should be cancelled.  ITT’s estate has cancelled the student debts because of the school’s fraudulent actions, and it’s time for the Department of Education and all private holders of ITT debt to do the same.

As Paul Goodwin, a former ITT student, said: “I have still been struggling to pay back my student loans, which I should not even owe because of the way that ITT systematically lied to students. Getting more relief on temporary credit loans is great news for me and my family, but I am still waiting for the Department of Education to discharge my federal student loans.”

We will continue to fight for the Department of Education to meet its legal obligation to cancel these fraudulent student loans.

If you are a former student of ITT, click here to sign up for future updates.

Proposed Settlement to be Heard January 24

A year ago former ITT students filed a complaint against ITT and a class Proof of Claim in the ITT bankruptcy case. In this last year we have worked hard to fight on behalf of the Student Class, including urging the Trustee to stop collection on all debt owed directly to ITT.

Today we are happy to announce that a motion was filed asking the court for preliminary approval of a proposed settlement between the Student Class and the Trustee. The proposed settlement agreement would recognize a $1.5-billion-dollar claim against ITT by students who attended the school between 2006 and 2016, for widespread, systematic fraud and breach of contract. The Students’ allegations included ITT’s use of high-pressure sales tactics to get students to enroll and remain enrolled. It was also alleged that ITT deceived and misled students about financial aid options and costs of attendance, job placement and salary rates, the quality of equipment and experience of instructors, the desirability of ITT graduates by employers, ITT’s accreditation status, the transferability of credits, and career placement assistance.

Some Key Terms of the Agreement

  • All of the nearly $600 million in “temporary credits” — accounts the company claimed students owed directly to ITT — will be canceled. This settlement only cancels debts that were owed directly to ITT and does not affect private or federal student loans.
  • All of the almost $3 million students paid directly to ITT since ITT declared bankruptcy in September 2016 will be returned to students, and there will be accurate credit reporting showing that these accounts have been deleted or paid in full.
  • The Students’ Proofs of Claim will be allowed in the amount of $1.5 billion as unsecured claims. If at the end of the bankruptcy there is money in the estate to pay unsecured claims, the student class will receive a proportional share based on the size of the allowed claim. Any amount distributed to the student class will be divided among the entire student class, and the distribution must be approved by the court.
  • In exchange for the allowed claim, former ITT students give up their claims against the estate of ITT, and keep their rights to seek further relief from the Department of Education and private lenders.

The motion and the settlement agreement will go before the court for preliminary approval on January 24, 2018. If the court grants preliminary approval, there will be a period of time for student class members to review and comment on the agreement and also choose not to participate. After that, we will seek final approval of the settlement from the court.

In our view, the proposed settlement agreement is a victory for former students who were defrauded by ITT. However, we know that the student class still faces billions of dollars of federal and private student loans from ITT and we will continue fight for all ITT-related debt to be canceled.

ITT Trustee to Stop Collection on All “Temporary Credit” Accounts

MAY 19, 2017

On May 18, the court overseeing ITT’s bankruptcy case approved a motion to stop collection on all ITT “Temporary Credits.” ITT used unfair and deceptive tactics to get students to sign up for Temporary Credits, including by describing Temporary Credits as grants and threatening to expel students if they did not agree to the debt. Even after ITT filed for bankruptcy, its servicers and debt collectors continued to harass students to collect these Temporary Credits.

Former ITT students have consistently objected to ITT’s ongoing collection efforts. In January, the Project on Predatory Student Lending filed an adversary complaint in the bankruptcy case on behalf of hundreds of thousands of former ITT students, arguing that the debts were incurred as a result of ITT’s unfair and deceptive practices and asking the court to block the estate from collecting these accounts. The students then objected to the trustee’s request to hire more contractors to try to collect these Temporary Credits. The class of former students is currently represented by the Project on Predatory Student Lending and Jenner & Block LLP.

Former ITT students are gratified that the trustee has now decided to stop pursuing these accounts. Stopping collection on Temporary Credits is an important first step, but any ongoing collection on ITT-generated debt continues to harm students unjustifiably. Former ITT students continue to face collections on billions of dollars of federal and private student debts that the company generated by its unfair and deceptive practices.

For more information about students’ claims against ITT, click here.

FOR FORMER ITT STUDENTS:

As of yesterday, if you have Temporary Credits from ITT that were serviced by United Accounting Services (UAS), FirstSource/One Advantage or other collection agencies (Premiere Credit NA, General Revenue Corporation, and Security Credit Systems), you should no longer submit any payments. In the next few weeks, the trustee will send out a notice to those students who are affected. In the coming months, the trustee will calculate refund amounts for only those students who continued to make payments on their Temporary Credits after ITT filed for bankruptcy.

ITT issued Temporary Credits to students to pay tuition not covered by federal and private student loans. Many Temporary Credits were later converted to private loans, including Student CU Connect CUSO and PEAKS loans—these debts are no longer considered Temporary Credits. The debts that were not converted to private loans are still considered Temporary Credits, and have been serviced by UAS & FirstSource on behalf of ITT.

This ruling does NOT apply to other types of ITT-related debt, including federal loans, private bank loans, Student CU Connect CUSO loans, or PEAKS loans. This ruling also does not apply to any debt that is not ITT-related, even if UAS or FirstSource are collecting on those debts.

Stopping collection on Temporary Credits is an important first step, but it does not solve all of the problems ITT caused, including federal and private loan collections. The ITT trustee can stop collection on Temporary Credits because ITT’s estate still owns those accounts. The trustee does not own the federal loans or most private loans. Therefore, the trustee has less control over these loans. Below are updates on the status of a few other types of ITT loans:

  • Federal Loans. The Department of Education acknowledged that over $3 billion ITT-generated loans could be eligible for borrower defense discharges. The Department of Education has received over 2,000 applications from ITT students, but to date, we are not aware of any borrower defense discharges granted to ITT students. We will continue to advocate for the Department to grant borrower defense discharges to former ITT students.
  • Temporary Credits converted into accounts with Student CU Connect CUSO/PEAKS. These accounts are currently outside the control of the ITT trustee. These accounts are the subject of multiple investigations, and we are advocating on behalf of students to discharge these accounts.
  • All other private student loans are not part of ITT’s bankruptcy proceeding right now.

Click here to sign up for future updates.

 

 

Update: January 30th ITT Bankruptcy Hearing

On Monday, January 30, the judge in ITT’s bankruptcy granted former ITT students’ request that they be recognized as having filed a group claim despite the trustee’s objection, and recognized the Legal Services Center of Harvard Law School as students’ counsel for this initial stage of their case. Former ITT students requested this group recognition as part of their initial filing on January 3. Although the trustee for ITT’s estate filed a vigorous objection to the former students’ request, Judge Carr agreed with the former students that it was unquestionably appropriate to permit former students to file their claims as a group, rather than individually.  The judge ordered the trustee to meet with the students’ lawyers to begin discussing the issue of class certification in students’ adversary proceeding against ITT’s estate.

The judge also denied—for now—the trustee’s motion to hire a company as a “master servicer,” to supervise ongoing collections by UAS and FirstSource, and to begin collecting on more accounts. Former students objected to this request, arguing that, by undertaking a broad new debt collection campaign on fraudulently-incurred and otherwise poorly-documented debts, the trustee would confuse former students and expose ITT’s estate to liability for collecting bad debts. The Trustee disclosed that the Consumer Financial Protection Bureau had also warned that collecting on ITT’s accounts was likely to cause future legal problems, and acknowledged that many of the accounts were likely not collectible. The trustee argued that the estate should nonetheless be allowed to hire the firm as master servicer, but Judge Carr denied the request for now, ordering the lawyers for the trustee to meet with lawyers for former students to discuss their positions on continuing debt collection against former ITT students.

The court scheduled a status conference with former students and the Trustee on February 9 to discuss both of these topics.

For more information about students’ claims against ITT, click here.

New York Times Calls Former ITT Students’ Legal Action ‘Gratifying’

“It seems only right that victims of predatory for-profit education companies should have their student loans forgiven,” the article begins. It goes on to discuss the validity of students’ claims, their difficulty in getting debt relief, and the thousand of pages of “powerful testimony” submitted with the students’ complaint. As the article explains, the evidence shows “a pattern of practice that dispels any notion that bad behavior harmed just a handful of ITT students.”

Read the full article: Student Victims Seek to Become Creditors in ITT Bankruptcy

Class of Former ITT Students File 7.3 Billion Dollar Claim in ITT Bankruptcy

On January 3, 2017, a group of former ITT Tech students moved to intervene in ITT’s bankruptcy proceedings in the Southern District of Indiana. They seek to act as representatives of hundreds of thousands who have been defrauded by ITT.

Along with legal documents, the students filed over a thousand pages of first-hand accounts from students who attended ITT, affidavits from several whistleblowers, and evidence developed from state and federal law enforcement investigations. The CFPB and multiple state attorneys general are also parties in the bankruptcy proceedings.

For more information on the student intervention, including all of the documents that were filed, background on ITT, and explanations of the legal actions taken today, click here.