Six-figure student loan default presents security issue – DOHA Dose


We have often written that although financial problems are the main reason for refusal and withdrawal of admission, student loans are of the types Safe debt which are generally approved by the admission judges. This was before the era of six-figure student loan debt and a growing number of individuals who do not make payments… The problem is not necessarily the amount of the debt, but its non-payment. Making the minimum payments is okay. But if you stop paying your debt in full, that’s another story.

Is it true that if your spouse doesn’t pay the bill, you have nothing to worry about.

The recent Office of Hearings and Appeals (DOHA) case highlights the prevalence of student loan arrears and that the problem is becoming more serious for many applicants. In this case, the applicant had $ 117,200 in student loan. The applicant submitted that his second wife had been paying the loans – until her death. It was clear that the debts belonged to the applicant – whether they were joint or individual, the bill went to the applicant’s account – and he did not pay.

Want to win a DOHA appeal? Find the error

IN DOHA call noted several errors of fact in the original judgment. One was related to an error by the invoice compiler (DOHA noted that the debt was in excess of $ 127,000). The second error was in the court’s indication that the applicant had divorced his second wife, who, he argued, was responsible for paying the debt – when in fact she had died.

Using these two factual errors as a basis, DOHA’s appeal was returned for reconsideration. This does not mean that the applicant was granted security clearance, but it does mean that he received a second chance to have the facts of the case examined in court. The applicant’s lawyer stressed that the death of a spouse, compared to the divorce of a spouse, was of great importance for the application whole person concept to the applicant.

False: The family debt is still yours.

Reapplying the whole person concept here may or may not be in the applicant’s favor. DOHA has not always been supportive of overdue debt. The key steps are taken to address this issue prior to applying for security clearance. If you notice arrears and try to come up with a payment plan before applying, your chances are much higher. Ideally, the government wants to see efforts to tackle this problem continue — it’s better to have a few months to make payments than just say you’ll start paying now … or later. AND blame the ex-spouse of the defense – whether it be death or divorce, is rarely an effective strategy. The government believes that if you are unable to track your joint debt, you may have similar problems if you do not track the classified information that you have been entrusted with protecting.

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