Do I Still Have to Pay My Student Loans Even if I Was Not Tested?

By on January 31, 2019

Question:

Dear Steve,

I have 28 yr old student loans the school I attended is now closed but they never tested me and I don’t have a get I never finished school due to a family situation.

Am I still responsible for loan being I was never tested and have no get and the school is closed?

Melissa

Answer:

Dear Melissa,

If these loans were federal loans then there are some circumstances where the loans would be forgiven. But the school would have had to close while you were enrolled or within 120 days of your withdrawal.

Given any underlying technical issue that may make the loan subject to an expensive bankruptcy fight, it sounds like you attended the school and the claim is made for loans for that period. Being tested is not a condition of owing on the backend.

However, for federal student loans, testing is required if you did not graduate from high school or demonstrate a similar level of competence when you enrolled.

In that case, see No GED or High School Diploma? Your Student Loans May Be Cancelled, Discharged, and Forgiven.

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6 Comments

  1. mike

    February 9, 2019 at 3:59 pm

    Steven,

    Is there any way to have old(25+ yrs old) Federal student loan(s) to be forgiven without going through an expensive Bankruptcy filing?

    • Steve Rhode

      February 11, 2019 at 10:19 am

      Only if you had entered an income-drive-repayment program when they were first available and then after 20-25 years, depending on the program, the balance would/should be forgiven but you will owe income tax on the forgiven debt if solvent.

      • mike

        February 11, 2019 at 4:06 pm

        I don’t think I’ve been on an income-driven-repayment program for 20-25 years. So if have the loans discharged via bankruptcy, then I wouldn’t owe any tax?

        • Steve Rhode

          February 11, 2019 at 4:51 pm

          That is correct but to file an Adversary Proceeding to go with the bankruptcy to address the loans and prove they are an undue hardship may cost between $5,000 to $10,000 to file depending on the attorney. You can do it yourself but it is a very technical issue.

  2. Melissa

    January 31, 2019 at 4:13 pm

    Do I still have to pay my loan question asked.

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