IN RE: EVAN BRIAN CROCKER AND MICHAEL SHAHBAZI V. NAVIENT SOLUTIONS, LLC AND NAVIENT CREDIT FINANCE CORPORATION
A lawsuit alleging that some student loan debtors who have declared bankruptcy do not have to pay back some of their loans—and may have refunds coming to them
If you have received an email regarding the class action captioned In re: Evan Brian Crocker and Michael Shahbazi v. Navient Solutions, LLC and Navient Credit Finance Corporation, then you have been identified in a court proceeding as possibly being eligible to join a class action lawsuit regarding repayment of your student loans. This Notice was sent for the sole purpose of notifying those persons who may be entitled to participate in this case, of an Agreed Order entered by the Court suspending collection communications from Navient Solutions, LLC and Navient Credit Finance Corporation to certain educational loan borrowers. The Court has not yet ruled on the merits of claims or defenses asserted by any party to the case. There is no assurance at this time that any relief will be granted, nor if granted, the nature and amount of relief. Even if you have not received an email regarding this lawsuit, but you have declared bankruptcy since October 2005 and you had, at the time of your bankruptcy, student loans owned and/or serviced by Navient Solutions and/or Navient Credit Finance Corporation, then you may be eligible to join this lawsuit. This lawsuit—In re: Evan Brian Crocker and Michael Shahbazi v. Navient Solutions, LLC and Navient Credit Finance Corporation—alleges that, under the law, certain loans made or serviced by Navient should have been “discharged,” or erased, in bankruptcy proceedings taking place since October 2005. The loans in question are known as “non-qualified education loans.” They include:
- Private educational loans made to students attending non-Title IV accredited schools; and
- Private loans that were not made for “qualified educational expenses,” meaning that the funds were not used for a traditional four-year college. These loans include career training loans and loans made to students for some post-graduate programs.
If you’d like to search for a specific school, or verify whether a school is Title IV, you can do that here. This lawsuit alleges that debtors with non-qualified education loans who have declared bankruptcy since October 2005 are not responsible to repay those loans to Navient. This lawsuit further alleges that debtors who have already repaid debts to Navient may be entitled to a refund of all or some of those payments.
January 2020 Case Update
As you may be aware, we filed a lawsuit alleging that, under Federal bankruptcy law, private non-qualified education loans made or serviced by Navient should have been “discharged,” or cancelled, in bankruptcy proceedings having taken place since October 2005. Private non-qualified education loans include loans made to attend non-Title IV accredited schools, or for programs such as trade schools or certain post-graduate programs. More information about whether you have a covered loan and about the lawsuit more generally is available at www.navientclassaction.com. On October 21, 2019, the Fifth Circuit Court of Appeals issued an opinion on both the merits and the scope of this lawsuit. On the merits, the Fifth Circuit held that the loans at issue in this lawsuit – private non-qualified education loans – are dischargeable in bankruptcy. This ruling supports Navient’s agreement to suspend collection communications to debtors who have received a discharge in bankruptcy. Given this ruling on the merits, we believe even more strongly that private non-qualified education loans are dischargeable in bankruptcy throughout the nation, and we feel strongly that Navient should not be collecting payments on these loans or otherwise harassing debtors after they have received a bankruptcy discharge. With regard to the scope of the lawsuit, the Fifth Circuit held that our lawsuit only covers individuals who live within the Southern District of Texas – Houston and the surrounding areas. We moved for reconsideration of the Fifth Circuit’s decision about the scope of the lawsuit, and just last week we were notified that the full Fifth Circuit did not alter its decision in any way. We continue to study the law to determine how we can obtain effective relief for student loan debtors with private non-qualified education loans outside of the Southern District of Texas. We will post a copy of the Fifth Circuit’s opinion and reconsideration denial at www.navientclassaction.com.
Phishing and Scam Alert
On an unrelated note, we have received notice that at least some student loan debtors have been targeted in an internet phishing scam that suggests that class members need to pay money in order to participate in a class action lawsuit to be released from their student debt. In order to protect you from this and any other kind of similar scam, we wanted to notify you that we will never solicit money from you or any other class member, and that you do not need to pay any money to be a member of this class action lawsuit. We may contact you later to request information or documents in connection with a trial or settlement of this matter, but we will never request money directly from you.
Get More Information
For more information about this lawsuit and about whether you may qualify to join it, you may:
- Fill out the form in the Contact Us section of this website, and one of our representatives will contact you; or
- Call (844) 357-7289 to speak to one of our representatives; or
- See the Case Information or News Articles and Case Filings section of this website for basic information, links to court filings, and links to news reports regarding this lawsuit.