How to appeal borrows discharge ineligibility

i need some guidance to appeal a notice of ineligibility when i filed for borrows discharge. my original loan was apprx $80K, then after years of paying interest only it went up to $100K, now with a loan collection agency, (they) say I owe $140K. I’m near retirement age and I am close to total despair.

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I would take a look here.

Hello! I read your desperate words and see myself reflected in them… So sad indeed. I’m exactly on the same boat as you are. Years and years of paying interest only to see that huge loan amount keep growing and growing. It’s unconscionable and borderline criminal. My loans, although I have managed to pay off some smaller ones, has grown to over $180K, plus I defaulted on my private loans over a year ago… I feel like a criminal even though I’ve done nothing but pay and pay for so many years. I too am near retirement and have reached the end of the tunnel with all of this. When I read some people out there criticizing our movement for asking to have all student loan wiped out, and saying it’s “unfair” to those who paid, I have to wonder what they did to be able to pay? If I would have been able to pay if all off, I would have. I just recently found out about the borrower discharge process. I didn’t even know that existed! I have to ask you: What reasons did they provide to you for finding your request ineligible? Did they even give you a reason? I cling to the desperate hope that we will get a politician that will find our cause strong enough to seriously support it and take it all the way to completely wiping out all student loan, period. I find it amusing how politicians seem to have no qualms about giving free money to big banks and corporations to bail them out with our tax dollars, but find no mercy for us former students who are carrying this unbearable load on our shoulders for so long. Aren’t we the ones paying off all of those huge corporate bail outs anyway? We should really get mad and make this an all-out, go to the streets and stop paying one more cent revolution! It shouldn’t cost this much to get an education. I know I, for one, have paid a ton of money through the years only to see it go to waste in interest. I’m done paying. Let’s get this revolution going people. If we all stop paying at the same time, what are they really going to do? Mass incarceration? Ruining our credit? It’s already ruined… As you can see, I am also desperate.

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The denial seems to be a standard, regardless of what provision they deem; “Failure to State a Legal Claim” That’s all they apparently need to claim.

I too just realized this defense. I don’t know where to turn.

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Thank you for your response, Kathy. At least we are both doing “something” about it, and we have reached this site. Hopefully, something will actually get done. I have noticed an enormous amount of “noise” these last few years having to do with the exorbitant student loan crisis. Our biggest problem, in my view, is that the “Powers that Be” are all well-to-do people who didn’t have to get student loans to get their fancy education. Therefore, they can’t really relate to our situation. This is a problem for the regular folks. Low income to low-mid, working class people. We are only going to get somewhere when our plight falls into the right ears. Or, if we do like other groups that get heard by means of real protests, going out in the streets and doing large scale marches, who knows what?!
I will do some research about that answer you got, failure to state a legal claim. I am a lawyer, just so you know, and all I can say is that is just a bump on the road that can be overcome. We just need to find a “legal claim” and refile your claim. Right now I am looking for grounds myself to file my own claim. Perhaps if others read this who have filed a claim and have gotten a positive result, they can share with us what they wrote to overcome the “legal claim” grounds to move yours forward. My advise is not to give up. Re-file your claim. If they deny it, appeal. Fight back. We have been put through hell just because we wanted to get an education and become better people. That’s just wrong! If I come up with anything else I can share with you, I will.

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Ditto !

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Omg!! I feel for you, and here I am crying about the $11,000 I owe for a school I attended over 30 years ago for the amount of $2,650. If I knew back then what I know now I would have applied to an accredited College for a Bachelor’s degree. Instead of a for profit career school that wasn’t worth the $2,650 I took out a student loan for. I’m trying to get my loan discharged too because they lied to me, took out a second loan and signed my name without my consent or giving me the balance and the career I was training for didn’t even exist until 10 years later. They trained us to work as Medical Assistants on typewriters, when they knew that we would have to use computers in our careers. No one can find proof of their existence and my school records and transcripts can’t be found. Heck even the High School I graduated from recently sent me my transcripts from the 80’s. These schools have ripped us off and we have to keep fighting back. Someone should start a petition to have that Secretary of the Department of Education fired!!!
When will this end. I hope it ends soon because, Navient holds my loan and I will be 98 years old by the time it will be forgiven because of the misleading agreement they talked me into 3 years ago. Hopefully someone will end this nightmare before Trump gets rid of the borrower defense loan that he has the Secretary of Education stalling to discharge thousands of student loans that were approved to people who only wanted to better their lives. Not to be holding debts over our heads until years after retirement.

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Hello All,

I spoke to a Sherry girl at Department of Education and she said we can keep filing new BDRs to bypass collections using the new “pending application” status. Just file a new one every week.

The Manriquez lawsuit that Harvard Law filed says Manriquez’s college program falls within the dates specified for discharge however, ED is not granting discharge when he is fully eligible!

How can ED approve something in writing and then deny it? That’s illegal!

Majority of us are getting the same denial reaons on our BDR applications so we need a team of great lawyers who can represent us. I read in one lawsuit that out of 54,000 applications, the department denied 53,000+ and approved only 400 or so. This is outrage!

Someone needs to know great lawyers who can remove all our student loan debt.

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@Nancy_Rutowski I would start by going through the FAQ on the Predatory lending. The DOE just unleashed a wave of denials.


I personally am not up to speed with who this effects. I would ask @Thomas_Gokey and the community to chime in to give more clarity to the current state of DTR.

Hi @Dawn_L,

It looks like the DOE is denying 99% of BDR applications which is illegal! A few of us had our BDRs denied for “Failure to State Legal Claim” & “Ineligibility”. DOE has all the evidence of colleges that committed fraud and the DOE is apart of all this college fraud because they approved accreditation for colleges that were taken off of it.

A powerful lawsuit needs to come forth with protections for past, current, and future college students that will be beneficial for the students, 100% of student loan forgiveness no matter the enrollment date, and no income taxes to be paid on the forgiven student loans.

Good luck to all of us!

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a few of us?.. HOW ABOUT HUNDREDs OF THOUSANDS OF US!
What about folks that dont even know DTR is a right. What about parent borrowers? What about cosigners.!!!

What about the folks that thought if they take out loans and pursued a career that would make them eligable for the Public Service Loan forgiveness…only to be lied to,taken for bait.
How about the fact they we should be asking , why is student debt THE WORSE DEBT IMAGINABLE!!! They will take your taxes, wages and even Social Security!!!
And lowering interest rates to seduce new victims is a public hazard!

I am not of the belief that this will be cured by a lawsuit. We have to fight on many more levels. And to continue to alert elected officials of the harm caused by these denials.

I find these denials enraging and also expected. We are with playing neoliberal failure.IMHO

D

Hello @Dawn_L,

Sorry I meant a few of us here got denied but you’re right thousands of us got denied I bet all 99.5% of BDR applications got denied which to me, will land the DOE in the hot seat with the judge because they have to report how many applications are approved/denied, I believe its every 3 months under the Sweet Vs. Devos settlement. If the DOE denies 99% of applications every 3 months, the judge will know something is very wrong.

What the DOE is doing is very illegal they have all the evidence for reasons why a college closed, because the school lied to students, and the DOE allowed for accreditation of all these fraudulent colleges even when the accreditor took the schools off.

One of the schools I attended, the University of Phoenix, they train their enrollment counselors to lie on the student FAFSA saying the student has a high school diploma or GED when they do not. I bet under the “No High School Diploma” BDR application, the student is not getting their loans forgiven even when the college falsified their FAFSA information.

Read that here: Whistleblower Lawsuit Claims University Of Phoenix Defrauded The Federal Government

Just recently Trump vetoed Obamas student loan forgiveness rules, allowing Betsy’s evil and cruel rules to take effect July 1 but Congress may override the veto. We shall see! Read that here: Trump Vetoed A Student Loan Forgiveness Bill, Now Congress Might Override

With all the illegal activity the DOE is doing because of Betsy, Betsy and her team should all be thrown in prison and all our student loans should be auto-forgiven with no need to even apply!

$1.3 trillion in student loan debt is a nightmare!

Good luck to all of us!

Fighting for full student debt cancellation is very possible and we are going to win relief of all $1.7 Trillion (it goes up fast.) It will not be easy and it will take all of us to get organized. No attorney is going to win this for us. only in Hollywood, as they say.

What everyone can do right now is check out the resources for College for All, and write your local official and tell them how bad this has impacted your life. Then get 5 other people to write in too. Post it one social media and help make some noise.

You can also check out the FAQ from the Project on Predatory Student Lending.
Get Help | Predatory Student Lending

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