SAVE Borrowers Still in Limbo After New Court Filing

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Key Points

  • The latest court status report in the SAVE lawsuit offered no new developments, only confirming that talks between the parties continue.
  • Congress has already passed a law eliminating the SAVE plan, but implementation is still pending and the Department of Education has not announced a timeline.
  • Borrowers will remain in administrative forbearance until the Department announces otherwise.

Borrowers enrolled in the now-blocked SAVE repayment plan are still waiting for clarity. A joint status report filed August 4 (PDF File) in the ongoing lawsuit against the Department of Education revealed nothing new. The parties said they are continuing to discuss potential next steps but did not offer any timetable for resolution or change in the current administrative forbearance.

The report acknowledged that the One Big Beautiful Bill Act (OBBBA), passed by Congress and signed into law in July, contains provisions that eliminate SAVE. The bill also sets in motion a shift toward new income-driven repayment options, notably the Repayment Assistance Plan (RAP), set to begin by July 1, 2026.

For the 7 to 8 million borrowers on SAVE, the legal filing offers little new information. Payments remain paused, interest resumed on August 1, and the next court check-in is expected on October 3, 2025. 

Until then, borrowers in SAVE are simply waiting on updating guidance from the Department of Education of when payments may resume, or migrations may start to IBR. You can see our SAVE timeline estimates here.

Editor’s Note: Updated to reflect the judge requesting 60 days instead of 90 days.

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What Borrowers Should Expect Next

The most likely outcome is that borrowers currently in forbearance under SAVE will remain paused until mid-2026, when the Department of Education is expected to begin moving them to IBR. Borrowers will then have the option to switch into the new RAP program once it becomes available in July 2026.

Current communication from the Department of Education and their loan servicers have told borrowers they would remain in forbearance through at least November 2025. 

The Department cannot resume SAVE payments due to the injunction. If the Department wants to restart payments in December, the agency would need to shift borrowers to one of the existing repayment plans, such as IBR or PAYE. However, those plans are also scheduled to sunset by June 2028, and beginning new enrollments in them only to end them six to twelve months later would add administrative burden with little benefit.

Coordinating the transition in mid-2026, when other large-scale changes are already scheduled, seems to be the most plausible path forward.

Could Repayment Start Earlier?

Although unlikely, repayment could resume as soon as December 2025. However, as mentioned earlier, that would require a massive shift by the Department of Education to force borrowers out of SAVE and into another repayment plan.

Such a shift would require a round of borrower communications, updates to servicer systems, and possibly new application windows, all within a compressed timeline. Given existing backlogs in loan repayment plan applications and the upcoming rulemaking process for RAP, this timeline appears impractical.

Restarting payments in 2025 would likely result in confusion for both borrowers and servicers. A more coordinated approach aligned with the July 2026 launch of RAP offers fewer logistical hurdles.

Borrowers Face Decisions Ahead

While the latest filing may seem underwhelming, borrowers should not confuse silence with inaction. With the SAVE plan officially ending, all affected borrowers will soon need to choose between two options: migrate automatically to IBR or switch to RAP next year. 

Until more guidance is released, borrowers should prepare for a likely return to repayment sometime between mid-2026 and the summer of 2028. While technically possible for repayment to resume sooner, that would require several layers of planning, system changes, and legal hurdles.

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The post SAVE Borrowers Still in Limbo After New Court Filing appeared first on The College Investor.

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