The Education Department will move forward on a long-delayed Obama-era regulation aimed at helping defrauded students get student loan forgiveness after losing a lawsuit, according to a report.

The federal judge in the case had given the department an extension Friday until noon Tuesday from its 5 p.m. deadline.

U.S. District Court Judge Randolph Moss had ruled against the department last month in the lawsuit brought by students and attorneys general of 19 states regarding the department's delay in implementing what is known as the borrower defense to repayment rule.

The regulation aimed to protect students by allowing them to discharge loans taken out to attend for-profit colleges that committed fraud. It was supposed to go into effect in 2017, but Education Secretary Betsy DeVos delayed its implementation so the department could rewrite the regulation. Moss had ruled that delay unlawful.

DeVos “respects the role of the court and will defer to its judgment in whether parts of the 2016 rule will go into effect," a department spokeswoman said Friday, per the Associated Press.

The spokeswoman said the agency will continue working on a new rule that is fair to both students and taxpayers, according to the AP.