Transcript issue


B

Ballaz74

I filed for Bankruptcy in Sept 01' and discharge in Jan 02'. Included
in the discharge for tuition fees from a university that I attended.
They were issued notice along with my other debtors. But they never
petitioned or disputed the bankruptcy. Now I want to get my transcript
to complete my undergrad at another university and they will not
release it and want me to pay them the money I included in my case. Is
this legal or is there any protection under the bankruptcy law for me?
 
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R

RudeDave

I filed for Bankruptcy in Sept 01' and discharge in Jan 02'. Included
in the discharge for tuition fees from a university that I attended.
They were issued notice along with my other debtors. But they never
petitioned or disputed the bankruptcy. Now I want to get my transcript
to complete my undergrad at another university and they will not
release it and want me to pay them the money I included in my case. Is
this legal or is there any protection under the bankruptcy law for me?
Creditors can be sanctioned for taking any action to collect a discharged
debt. But I doubt refusing to release transcripts alone is enough. Could
you prove they've demanded payment to a bankruptcy court?
 
B

Ballaz74

Yes, They have a lawyer that stated that I would have to pay them
before the school releases the transcript. My currnet school will not
even let me continue my studies until I rectify this situation before
next semester.
 
R

RudeDave

I filed for Bankruptcy in Sept 01' and discharge in Jan 02'. Included
in the discharge for tuition fees from a university that I attended.
They were issued notice along with my other debtors. But they never
petitioned or disputed the bankruptcy. Now I want to get my transcript
to complete my undergrad at another university and they will not
release it and want me to pay them the money I included in my case. Is
this legal or is there any protection under the bankruptcy law for me?
I need to back up: First, this must be an unsecured debt, and not a student
loan. The legislative history of the operative section of the Code
indicates that Congress intended to make debts arising from programs funded
or guaranteed by governmental or nonprofit agencies nondischargeable in the
ordinary course of a bankruptcy case.

If this is a student loan, the creditor (ECMC, Sallie Mae, Dept. of
Education, etc.) would not have to do anything in your case. Such loans
would only dischargeable if the debtor filed a separate action (sued the
creditors) within the bankruptcy and proved that repayment would present an
undue burden to the debtor or debtor's dependents. This is an arduous task,
and if you did it you'd know.
 
R

RudeDave

Yes, They have a lawyer that stated that I would have to pay them
before the school releases the transcript. My currnet school will not
even let me continue my studies until I rectify this situation before
next semester.
"Stated" could be written or spoken. The former is proof, the latter is an
allegation. *Assuming* this debt doesn't qualify as a student loan (which
seems unlikely) a written demand would be the kind of proof that someone can
work with.
 
B

Ballaz74

Sorry,

Let me clarify the situation..This is not a Student loan the school
offered course with my company that offered a percentage of
reimbursement but not full tuition for the courses. I completed three
course thru this program. I no longer work for the company and I am not
sure if they recieved a portion of the payment from my former employer.
But the remaining balance was my personal responsibility I did not take
a loan to conver this expense. My finanacial situation changed as such
I had to include this balance in the bacnkruptcy.
 
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R

RudeDave

No need. I initially gave an incomplete/defective answer.
Let me clarify the situation..This is not a Student loan the school
offered course with my company that offered a percentage of
reimbursement but not full tuition for the courses. I completed three
course thru this program. I no longer work for the company and I am not
sure if they recieved a portion of the payment from my former employer.
But the remaining balance was my personal responsibility I did not take
a loan to conver this expense. My finanacial situation changed as such
I had to include this balance in the bacnkruptcy.
If no written demand exists call opposing counsel and simply tell him or her
that you want the offer in writing so that the creditor can't later deny
that they offered to release your transcripts for payment. I don't think
you have any duty to tell opposing counsel that you're only concerned that
they'd deny it before a bankruptcy judge ruling on a contempt motion.

Once you have the written demand, hire legal counsel to negotiate the
release without going through the court. Courts are expensive, and you
often cannot be certain things will come out your way.
 
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W

WILLIAM HERSHMAN

RudeDave said:
No need. I initially gave an incomplete/defective answer.


If no written demand exists call opposing counsel and simply tell him or
her that you want the offer in writing so that the creditor can't later
deny that they offered to release your transcripts for payment. I don't
think you have any duty to tell opposing counsel that you're only
concerned that they'd deny it before a bankruptcy judge ruling on a
contempt motion.

Once you have the written demand, hire legal counsel to negotiate the
release without going through the court. Courts are expensive, and you
often cannot be certain things will come out your way.
This topic has already been beaten to the ground a few times. If the school
is asking you for money, then you have a case for discharge violation. But
the Bankruptcy Court cannot infringe on their right to have a policy of not
releasing transcripts to students (or former students) who have outstanding
balances.
The discharge does not take away their right to withhold transcripts; it
only takes away their right to take collection action.
 

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