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Commitments and Contingencies (Tables)
9 Months Ended
Sep. 30, 2015
Commitments and Contingencies Disclosure [Abstract]  
Amounts of Recorded Liability Related to Claims and Contingencies

The following table sets forth the amounts and where our recorded liability related to our claims and contingencies were included on our Condensed Consolidated Balance Sheets as of the dates indicated:

 

     As of
September 30,
2015
     As of
December 31,
2014
     As of
September 30,
2014
 

Other current liabilities

   $ 42,054       $ 14,976       $ 14,494   

Other liabilities

     588         598         0   
  

 

 

    

 

 

    

 

 

 

Total

   $ 42,642       $ 15,574       $ 14,494   
  

 

 

    

 

 

    

 

 

 
Activity with Respect to Claims and Contingencies

The following table sets forth the activity with respect to our recorded liability related to our claims and contingencies in the periods indicated:

 

     Three Months Ended
September 30,
    Nine Months Ended
September 30,
 
     2015     2014     2015     2014  

Balance at beginning of period

   $ 13,995      $ 126,074      $ 15,574      $ 125,880   

Increases (decreases) from:

        

Additional accruals:

        

CUSO RSA

     0        2,019        0        2,019   

Other(1)

     32,901        11,603        44,455        27,816   

Payments, other(2)

     (4,254     (8,532     (17,387     (21,804

Payments under the CUSO RSA

     0 (3)      (1,809 )(4)      0 (3)      (4,556 )(4) 

Elimination of CUSO RSA accrual(5)

     0        (114,861     0        (114,861
  

 

 

   

 

 

   

 

 

   

 

 

 

Balance at end of period

   $ 42,642      $ 14,494      $ 42,642      $ 14,494   
  

 

 

   

 

 

   

 

 

   

 

 

 

 

(1) Consists of accruals for legal fees and settlement amounts.
(2) Consists of payments for legal and other contingencies.
(3) We consolidated the CUSO in our consolidated financial statements as of September 30, 2014 and, as a result, we eliminated from our consolidated financial statements the amount of payments under the CUSO RSA that we made following the CUSO Consolidation. See below under “– Guarantees – CUSO RSA – Year-To-Date 2015 and Projected Future CUSO RSA Payments,” for information on the amount of payments that we made under the CUSO RSA in the nine months ended September 30, 2015. See Note 7 – Variable Interest Entities, for a further discussion of the CUSO Consolidation.
(4) Consists of payments made under the CUSO RSA.
(5) As a result of the CUSO Consolidation, in the three and nine months ended September 30, 2014, we eliminated from our consolidated financial statements the contingent liability related to the CUSO RSA that we had previously recorded.
Estimated Amounts of Regular, Discharge Payments Expected to Pay and Estimated Recoveries from Charged-off Loans

The following table sets forth, in the periods indicated, our projections of the estimated amounts of Regular Payments and Discharge Payments that we expect to pay (or that we expect will be owed by us, which amounts could be reduced prior to payment thereof by the amount of recoveries from charged-off loans owed to us as described in the immediately preceding sentence) and the estimated amounts of recoveries from charged-off loans that we expect to be paid to us by the CUSO (or that we may utilize to offset a portion of the amounts of Regular Payments or Discharge Payments owed by us):

 

Period

   Estimated
Regular
Payments
    Estimated
Discharge
Payments
     Estimated
Recoveries
    Estimated
Total
Payments,
Net
 

October 1 through December 31, 2015

   $ 0 (1)    $ 0       $ 0 (2)    $ 0 (1)(2) 

Year ended December 31, 2016

     20,415 (1)      0         (2,255 )(3)      18,160 (1)(3) 

Year ended December 31, 2017

     14,916        0         (1,535     13,381   

Years ended December 31, 2018 and later

     0        74,427         (1,560     72,867   
  

 

 

   

 

 

    

 

 

   

 

 

 

Total

   $ 35,331      $ 74,427       $ (5,350   $ 104,408 (4) 
  

 

 

   

 

 

    

 

 

   

 

 

 

 

(1) This amount assumes that, pursuant to the Sixth Amendment to CUSO RSA, we elect to defer to 2016 all additional CUSO RSA payments that otherwise would have become due in 2015 after June 8, 2015, which we estimate will be approximately $6,313.
(2) This amount excludes $779 of recoveries from charged-off loans that we have estimated were or will be received by the CUSO between June 8, 2015 and December 31, 2015 and owed to us, which we expect to offset against amounts paid by us under the CUSO RSA in 2016.
(3) This amount reflects (a) recoveries from charged-off loans that we have estimated will be received by the CUSO between June 8, 2015 and December 31, 2015 and owed to us, which we expect to offset against amounts paid by us under the CUSO RSA in 2016, and (b) recoveries from charged-off loans that we estimate will be received by the CUSO, owed to us and offset against amounts paid by us in 2016.
(4) The estimated amount of future payments under the CUSO RSA assumes that an offset that we made in 2013 of certain payment obligations under the CUSO RSA against the CUSO’s obligations owed to us under the Revolving Note will not be determined to have been improper. See “– PEAKS Program and CUSO RSA Payments in Certain Periods below for a further discussion of that offset. In the event that offset is determined to be improper, we may be required to pay the CUSO approximately $9,900, net of approximately $1,049 of recoveries from charged-off loans, which would be in addition to the estimated payment amounts set forth in this table.
Aggregate Amount of Guarantee Payments, Discharge Payments and Payments on Behalf of Borrowers

PEAKS Program and CUSO RSA Payments in Certain Periods. The following table sets forth the approximate aggregate amount of guarantee payments, Discharge Payments and Payments on Behalf of Borrowers that were made related to the PEAKS Program and CUSO RSA in the periods indicated:

 

     Three Months Ended
September 30,
    Nine Months Ended
September 30,
 

Type of Payment

   2015     2014     2015     2014  

Guarantee:

        

PEAKS Program

   $ 4,856      $ 52,517      $ 25,313      $ 94,318   

CUSO RSA Regular Payments

     0 (1)      1,809 (2)      3,840 (3)      4,556 (2) 

CUSO RSA Discharge Payments

     0        0        9,253        0   

Payments on Behalf of Borrowers

     0        0        0        1,832   
  

 

 

   

 

 

   

 

 

   

 

 

 

Total

   $ 4,856      $ 54,326      $ 38,406      $ 100,706   
  

 

 

   

 

 

   

 

 

   

 

 

 

 

(1) As described above, we deferred payment of $2,574 of Regular Payments, that otherwise would have been due during this period, to January 2016. In addition, the amount of the recoveries of charged-off loans received by the CUSO during this period that are due but have not been paid to us and that we expect to offset against these Regular Payments was $351.
(2) This amount is net of $156 of recoveries from charged-off loans owed to us that we offset against amounts owed by us under the CUSO RSA.
(3) This amount is net of $521 of recoveries from charged-off loans owed to us that we offset against amounts owed by us under the CUSO RSA. In addition, we deferred payment of $3,402 of Regular Payments, that otherwise would have been due during this period, to January 2016. We also expect to utilize the amount of recoveries of charged-off loans received by the CUSO during this period that has not been paid to us, which totaled approximately $468, to offset against amounts that we expect to pay under the CUSO RSA in January 2016.