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My graduate university shuttered last week, and I was

Customer Question
My graduate university shuttered...

My graduate university shuttered last week, and I was curious about any recourse. I have nearly $40,000 in school loans for my MBA. This was an accredited regional liberal arts college in the Pacific Northwest.

Lawyer's Assistant: Because education law varies from place to place, can you tell me what state this is in?

Oregon

Lawyer's Assistant: Have you spoken to a local attorney or school administrator? What is your ideal outcome for this situation?

I left a message with a local education attorney in Portland and emailed another, but no response. My ideal outcome we be loan forgiveness. At some point, I am going to be asked to provide information about my educational institutions, and this one will not hit the radar.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, not at this point

Submitted: 2 months ago.Category: Legal
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Answered in 7 hours by:
5/27/2018
Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,762
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

What is your specific question?

Are these government loans?

Did you graduate?

Thank you for your cooperation.

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Customer reply replied 2 months ago
1. Can I sue the university for my outstanding debt? 2. Student loans are a mix of federal and private funds. 3. Yes, I graduated. My ultimate concern is that in a year (or so), Marylhurst University will simply be a footnote in discussions of higher education, with the entity itself non-existent, and a search of the website rendering a 404 Error message.
Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

Thank you for the information.

If the school has already closed, how are you going to sue an entity that is no longer in existence?

Thank you for your cooperation.

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Customer reply replied 2 months ago
The school will remain open through CY '18.
Customer reply replied 2 months ago
It's still in operation, which means it still has an approved budget, and I'm sure legal contingencies for matters such as this (approved by the Board of Directors).
Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

Thank you for the information.

I am sorry for the delay in getting back to you. I was offline when your response came in.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

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Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

Your Question:

1. Can I sue the university for my outstanding debt? 2. Student loans are a mix of federal and private funds. 3. Yes, I graduated. My ultimate concern is that in a year (or so), Marylhurst University will simply be a footnote in discussions of higher education, with the entity itself non-existent, and a search of the website rendering a 404 Error message.

Response: Unfortunately, no you cannot sue the school under the circumstances. The school closing has nothing to do with the loan that you received since you graduated. Had it been that you were in the middle of your studies when the school closed, then you could sue the school for not fulfilling its part of the agreement. However, since you graduated, there is no legal basis to file lawsuit against the school. Also, if you contact U.S. Department of Education for loan forgiveness for federal government part of the loans because the school has closed, it is highly unlikely that the request for loan forgiveness would receive favorable consideration under the circumstances.

You may apply for loan consolidation of the federal loans with U.S. Department of Education. If approved, you could pay as little as zero depending on the difference between your current Adjusted Gross Income as it appears on your federal tax return and the current Poverty Guidelines. This amount is reevaluated on a yearly basis. Click here for more information.

I am sorry that I do not have better news for you. However, as an Attorney and an Officer of the Court, I have ethical and professional obligation to provide you with accurate and honest information eventhough that information may not be in your favor.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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Customer reply replied 2 months ago
Thank you Phillip. You have answered my questions fully. I guess I was trying to lean towards the case of Corrinth College, but I know those circumstances were different and the case was surrendering misleading claims and false advertising. Thank you again for your help and assistance!
Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

You are quite Welcome!

Kindly use the popup/rating screen to give a 5-star rating so that I can receive credit for responding to your post.

Thank you for your cooperation.

Have a wonderful day!

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