Refund of Tuition

What is the name of your state? NC

I am trying to get a refund of tuition of a school in California that I never attended. They currently have closed down and are now bankrupt. I got the following response back from the company:

"Upon successful completion of the lawsuit, you will then get a ruling in your favor which will require me to pay you back based on my financial ability. This is assuming I don’t go bankrupt. I am not an expert on bankruptcy, but I think most lawsuits can be resolved by bankruptcy. Assuming that your lawsuit does not get covered by bankruptcy, I will then be obligated to pay you back based on my financial ability. In other words, you will get what I am already promising you except that it will take time, money, and frustrations on your part. If you intend to pursue the lawsuit route, I would encourage you to make sure that you win and ensure that it doesn’t get covered by bankruptcy."

I think this person doesn't know what he is talking about and is just trying to fool people for his personal gain. Don't I want my refund covered by bankruptcy since I can then get money from the state instead of him? And don't I have to sue the bankruptcy court to make my refund non-dischargeable and recover the full amount? Or is it better to wait a year and see if he pays me and then sue?

[wert]

BK is filed because they don't have the money to pay their bills. It is pretty safe to say you are not a 'secured' creditor.
You didn't say how much money you are talking about-but I'll just about bet a c note that you will not get back a dime. Secured parties are paid first out of assets in a BK and you wil be the last one in line.

The amount is $7000 for tuition for a school that I never attended. I got to get it back. Should I sue the bankruptcy court to make my debt non-dischargeable?

What is my best hope to get the money back?

[wert]

Believe me, I feel for you.
But unfortunately, you may never see your money.
If the school has any assets left (land, building, etc) they will be sold and then all the secured creditors will be paid first, then unsecured creditor.
If the school is a computer school, trade school, etc-that basically just rented some space, had some computers, etc.-they probably had some money borrowed, put up a front to look good, and took a lot of people like yourself. All the assets will again, be sold and the secured creditors will get paid first.
The problem is you gave money for a promise of them teaching you something. You are not a secured creditor and last on the money chain. Taxes come first, then mortgages, then any loans on equipment and then the students last. I doubt if you are going to get a penny-you can't get it if there is none.
Read everything the court sends you, make sure you are listed as a creditor and wait out the court-it may take a long time before they decide you get something or nothing.