Can I Get Rid of My Student Loans Because of False Certification?

“Dear Michael,

I am US citizen with high school diploma obtained from another country of birth in 1969. I enrolled in US College pursuing 4 year degree in 1993. The school did not follow admission procedures and did not test my knowledge of English or gave exams to determine my Ability To Benefit from the courses.

After graduating I was never able to secure employment in my field of study but am stuck with Student loan I can not possibly ever repay.

What are my chances to apply for discharge on basis of false certification?

My student debt has grown from 10 to 45 thousands and it is shame I could not pay off original debt because I had to accept low paying jobs and was constantly in hardship.


Your situation may indeed qualify for discharge in bankruptcy. I would encourage you to talk over your situation with an experienced attorney, but not just anyone that files bankruptcies. Look for someone practicing in your federal district that has adversarial experience. This is someone who has already challenged the norms of the court and bankruptcy process.

Not all attorneys take tough cases, or have even been presented with many opportunities. You want to get counsel from someone who climbed the student loan bankruptcy discharge hill.

Student Loan Borrower Defense options

Yours is a situation that may qualify for student loan borrower defense. This is a process set up through the Department of Education, and is something you formally submit for. The goal will be having your loans cancelled or forgiven. And you may have a shot.

There are some concerns when applying for borrower defense loan cancellation, but much of that is if you are current with your loans, which I take is not the case with you? You can watch this video about the borrower defense option too.

After you have consulted with a bankruptcy attorney or three, and understand more about the student loan borrower defense process, post your thoughts, or any questions and concerns you have in the comments below.

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Michael Bovee founded CRN, a unique company offering debt negotiation education and services, in 2004. Bovee has been contributing articles and free reader feedback on this site for several years.

Michael is a debt industry professional who has volunteered his time to help answer reader questions.

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