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 can evaluate whether they want to be included in a proposed settlement of the Lawsuit. The notice explains the Lawsuit, the proposed settlement, and Class Members' legal rights.

Exhibit 1 sets forth the loan or loans on which Class Members are a borrower or a co-borrower that are covered by the proposed settlement. The proposed settlement only covers Class Members' student loan or loans that are listed on Exhibit 1. The proposed settlement will have no impact on any other student loans Class Members may have that are not listed on Exhibit 1.

The Lawsuit deals with “Private Student Loans,” which for this purpose are defined as student loans that were not made, insured, or guaranteed by a governmental unit or non-profit institution, were not made under any program funded in whole or in part by any governmental entity or non-profit institution, and were not for attendance at schools that were accredited under Title IV of the Higher Education Act of 1965.

The Lawsuit alleges that these Private Student Loans are “dischargeable” in bankruptcy. The Lawsuit also alleges that, by collecting or attempting to collect on Private Student Loans from borrowers or co-borrowers who obtained discharge orders in their bankruptcy cases, the Defendants violated bankruptcy court orders.

The Lawsuit seeks three main 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 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 Defendants disagree with the allegations in the Lawsuit. They deny that all Private Student Loans are dischargeable in bankruptcy. They deny that they violated bankruptcy orders. Finally, the Defendants deny that they have any liability to forego collection of any loan balances, to pay any damages to any borrowers, or to pay any penalties.

The Lawsuit and the proposed settlement cover only loans that were made by private lenders for attendance at non-Title IV schools and that were not made under any program funded in whole or in part by any governmental entity or non-profit institution. 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 on Exhibit 1 to the Notice. If Class Members have other student loans not listed on Exhibit 1, 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 on Exhibit 1.

The Lawsuit was brought by Kenneth Joseph Woodard, referred to as the “Plaintiff” or the “Class Representative,” for himself and on behalf of other people with similar claims. Plaintiff agreed to a settlement after considering, among other things: (1) the substantial benefits to himself and the proposed class under the terms of the 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 himself and the proposed 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 in any United States Bankruptcy Court located outside of the states of Texas, Louisiana, and Mississippi on or after October 17, 2005; (2) before their bankruptcy filing, they became obligated to repay one or more “Covered 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 “Covered Student Loan(s).”

For purposes of the proposed settlement, a “Covered Student Loan” is generally 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 not accredited under Title IV of the Higher Education Act of 1965; and (d) is owned or serviced by Navient. The specific loans that are covered by the Settlement are listed on a “Covered Loan List” that is attached to the Stipulation of Settlement. Regardless of the general definition of “Covered Student Loan,” any loans not included on the “Covered Loan List” are not included in this settlement.

The Covered Student Loan or Loans on which Class Members are a borrower or a co-borrower are listed on Exhibit 1 to the Notice.

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

First, you need to decide now whether you wish to remain in the Settlement Class or to exclude yourself from the Settlement Class. If you want to exclude yourself from the Settlement Class you must notify the Settlement Administrator by no later than November 8, 2023. If you exclude yourself:

• You will not be eligible for any relief or payments under the settlement.
• You will not be able to object to the proposed settlement or to appear at the Final Approval hearing.
• You will not be bound by any orders or judgments entered in this case as part of any approval of the settlement.
• You will keep your right to sue or be part of any other lawsuit against the Defendants about the issues in this case.

Second, if you remain in the Settlement Class, you must decide whether to object to any part of the proposed settlement by filing a written objection with the District Court. You must file any objection you decide to make on or before November 8, 2023.

Third, if you decide to remain in the Settlement Class and wish to receive certain of the settlement benefits described on Exhibit 1 to the Notice, you will be required to complete and submit a Claim Form by no later than November 13, 2023.

If you do nothing, you will remain a member of the Settlement Class.  As a member of the Settlement Class, you will automatically receive certain (non-cash) benefits of the settlement in the form of confirmed discharge of your Covered Loan or Loans, each of which will be deemed to have been discharged in bankruptcy as to each borrower that received a discharge in a bankruptcy case, with no further amounts due for principal, interest, fees and otherwise. To be eligible for potential payment of any amounts listed in the Damages column on Exhibit 1 to the Notice, you will need to submit a Claim Form by no later than November 13, 2023. If you do not submit a Claim Form by November 13, 2023, you will not receive any payments under the settlement.

If the settlement is approved and you do 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 Covered Student Loan or Loans listed on Exhibit 1.

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.WoodwardVNavient.com. The Stipulation of Settlement provides that Navient will:

• Forego collection of any outstanding balances (including principal, interest, and fees) on any and all Covered Student Loan or Loans listed on Exhibit 1 to the Notice. Under this agreement, Navient will never again attempt to collect from you any amounts on Covered Student Loan or Loans listed on Exhibit 1. (You do not need to submit a Claim Form in order to receive this benefit.)
• Take steps to delete all trade lines at credit-reporting agencies about your Covered Student Loan or Loans listed on Exhibit 1 or update the trade lines to reflect that the Loan was or Loans were subject to a bankruptcy discharge. (You do not need to submit a Claim Form to obtain this benefit.)
• Establish a Settlement Fund of $28 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 as damages all or a portion of the amounts collected by Navient since the date of your bankruptcy discharge that were paid to Navient by you from your personal funds. (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 column on Exhibit 1 lists the total amount of payments Navient has received on your Covered Student Loan or Loans since the date of your discharge. To obtain a refund of all or a portion of this amount, you must submit a Claim Form, under penalty of perjury, identifying the portion of the amount in the Damages 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 any balances currently shown as outstanding on your Covered Student Loan or Loans listed on Exhibit 1 to the Notice; (2) the repayment to you as damages of all or a portion of any amounts you have paid to Navient on your Covered Student Loan or Loans listed on Exhibit 1 since the date of your bankruptcy discharge if you submit a claim; and (3) the provision of either deleted or updated trade line information to credit-reporting agencies about your Covered Student Loan or Loans listed on Exhibit 1.

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 or serviced by Navient that are not listed on Exhibit 1. Navient will retain all of its rights and remedies, including the right to collect, on any student loans that are not listed on Exhibit 1.

The proposed settlement will NOT terminate, eliminate, or reduce the obligation of anyone other than you to make payment to Navient on any Covered Student Loan or Loans listed on Exhibit 1 to the Notice. 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 all of its rights and remedies, including the right to collect on any Covered Student Loan or Loans listed on Exhibit 1, 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 column on Exhibit 1 to the Notice lists the total amount of payments received by Navient on your Covered 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 column on Exhibit 1 that were paid to Navient by you. Navient will not repay to you any portion of the amounts in the Damages column on Exhibit 1 that were paid to Navient by any co-borrower.

To obtain this benefit under the settlement, you must submit a Claim Form, under penalty of perjury, identifying the portion of the amount in the Damages column of Exhibit 1 that was paid to Navient by you and not by any co-borrower. The Claim Form must be submitted to the Settlement Administrator by no later than November 13, 2023. The Claim Form can be submitted electronically by visiting www.WoodardVNavient.com or can be mailed to the Settlement Administrator at: 

Woodard v Navient Solutions
c/o JND Legal Administration
PO Box 91357
Seattle, WA 98111

PLEASE NOTE: By signing the Claim Form, you are attesting, 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 on Exhibit 1 to the Notice, then you are not entitled to a payment. If there are no dollar amounts listed in the Damages column on Exhibit 1, then you are not entitled to a payment. And, to obtain a payment for all or a portion of the amount listed in the Damages column of Exhibit 1, you must submit a 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 column on Exhibit 1 to the Notice. The exact amount payable to eligible Class Members will not be known until all Claim Forms are received and reviewed. If you submit a timely Claim Form that is deemed to be sufficient, and assuming that all of the amounts listed on Exhibit 1 were paid to Navient by you, it is estimated that you could receive anywhere from 37% to 100% of the amounts listed in the Damages column on Exhibit 1. 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. If there are appeals, 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 and will reduce the amount available to pay to Class Members who submit Claim Forms.

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:

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

Adam R Shaw
George F. Carpinello
Boies Schiller & Flexner LLP
30 South Pearl Street, 11th Floor
Albany, New York 12207
(888) 386-0868
NavientClassAction@bsfllp.com

James A. Francis
John Soumilas
Jordan M. Sartell
Francis Mailman Soumilas, P.C.
1600 Market St., Suite 2510
Philadelphia, PA 19103
215-735-8600; 215-940-8000 (fax)
jfrancis@consumerlawfirm.com
jsoumilas@consumerlawfirm.com
jsartell@consumerlawfirm.com

Erika Angelos Heath
Francis Mailman Soumilas, P.C.
369 Pine Street, Suite 410
San Francisco, CA 94104
628-246-1352; 215-940-8000 (fax)
eheath@consumerlawfirm.com

James A. Michel
The Law Office of James Michel
2912 Diamond St. #373
San Francisco, CA 94131-3208
415-239-4949
attyjmichel@gmail.com

Class Counsel have prosecuted this case on a contingent-fee basis and have not been paid anything to date for their services. If the settlement is approved, Class Counsel will apply to the District Court for an award of attorneys’ fees and for the reimbursement of case expenses to be paid out of the Settlement Fund. Class Counsel expect to apply for an amount of fees not to exceed $14,000,000. Similarly, if the settlement is approved, Class Representatives who have represented members of this Class in various actions will each be paid an award not to exceed $15,000 out of the Settlement Fund for their representation of the Class. These payments will reduce the amount available to pay damages to Class Members who submit Claim Forms.

To exclude yourself from the Class, you must complete and send to the address below a written request that includes the case name (Kenneth J. Woodard 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 also be signed by you. Your exclusion request must be postmarked no later than November 8, 2023. Send your exclusion request to:

Settlement Administrator:
Woodard v Navient Solutions
c/o JND Legal Administration
PO Box 91357
Seattle, WA 98111

If you request 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 is late or deficient, you will still be 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. If the District Court approves the proposed settlement and you do not exclude yourself from the Settlement Class, you release (give up) all claims against the Defendants with respect to the Covered Loan or Loans listed on Exhibit 1 to the Notice.

Unless you exclude yourself, you cannot sue or be part of any other lawsuit against the Defendants about the issues in this case.  Unless you exclude yourself, all of the decisions, orders, and judgments by the Bankruptcy Court and the District Court will bind 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 exclude 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 column on Exhibit 1 to the Notice 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, and the settlement is finally approved, you will be enjoined and barred from initiating or continuing any lawsuit or other proceeding against the Defendants with respect to the Covered Student Loan or Loans listed on Exhibit 1 to the Notice.

If you choose to remain a member of the Settlement Class, you have a right to object in writing to any part of the proposed settlement. The District Court will consider your views.

Your written objection must include:

• The case name and number.
• 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 intend to appear and argue at the Final Approval Hearing, with or without a lawyer.

Your written objection must be filed with the Court at the address Clerk of the United States District Court for the District of Nebraska, 111 South 18th Plaza, Suite 1152, Omaha, Nebraska, 68102. no later than November 8, 2023.

Objecting is simply a way of telling the District Court that you don’t like some aspect of the settlement. You can object only if you remain a member of the Settlement Class. If you object to the settlement, you still remain a member of the Settlement Class and you will still be eligible to receive settlement benefits. If you object to the settlement, but wish to receive any part of the amounts listed in the Damages column on Exhibit 1, you will still need to submit a 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 disagrees 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 is telling the District Court that you don’t want to a part of the Settlement Class. If you exclude yourself, you have no basis to object to the settlement or to appear at the Final Approval Hearing because the settlement will not affect your rights.

On December 8, 2023 at 1:30 pm, the District Court will hold a Final Approval Hearing at the United States District Court for the District of Nebraska before the Honorable Chief Judge Robert F. Rossiter, Jr., 111 South 18th Plaza, Omaha, Nebraska 68102.

No. Class Counsel will answer questions the District Court may have at the Final Approval Hearing. But you are welcome to come to the hearing at your own expense. Please note that the District Court has the right to change the date and time of the Final Approval Hearing. If you are planning to attend the hearing, you should confirm the date and time before going to the Court.

If you are a member of the Settlement Class, and you (or your attorney) want to appear and speak at the Final Approval Hearing, you (or your attorney) must submit a written objection and must file 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 intend to present, must be filed with the District Court at the address 111 South 18th Plaza, Omaha, Nebraska 68102 and served on Class Counsel and Defense Counsel (at their addresses specified in FAQ 17) by no later than November 8, 2023.

If you file objections and appear at the Final Approval Hearing but the District Court approves the settlement as proposed, you will still be eligible for benefits under the Settlement and you will still be able to file a Claim Form, subject to the terms and conditions discussed in the Notice and in the Stipulation of Settlement.

The Notice summarizes the proposed settlement. More details are contained in the full Stipulation of Settlement. The full Stipulation of Settlement is on file with the Clerk of the Court and posted to the website www.WoodardVNavient.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.WoodardVNavient.com.

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