College Transcript After BK

[eagleone29]

What is the name of your state? Alabama
I filed Bk in 11/ 2003 and was discharhged in 3/2004
I included my past college tution in BK (these fees were for tution, room and board AND NOT STUDENT LOANS).Can the school with hold my transcipt becuase of the BK?

[HappyHusband]

Originally Posted by eagleone29

What is the name of your state? Alabama
I filed Bk in 11/ 2003 and was discharhged in 3/2004
I included my past college tution in BK (these fees were for tution, room and board AND NOT STUDENT LOANS).Can the school with hold my transcipt becuase of the BK?

No, but the school can withhold your transcript for failure to pay them for what was owed.

[Ladynred]

No, they can't. There is case law to support that a school cannot withhold a transcript for payment on a discharged debt - that would be a violation of the permanent injunction of the discharge.

Here's what my Nolo book says on this issue:

If you don't pay back loans obtained directly from your college, the school can withhold your transcript. BUT, if you file for bankruptcy and recieve a discharge of the loan, the school can no longer withhold your records. (in re Gustafson, 111 B.R. 282 (9th Cir. BAP 1990).

[HappyHusband]

Originally Posted by Ladynred

No, they can't. There is case law to support that a school cannot withhold a transcript for payment on a discharged debt - that would be a violation of the permanent injunction of the discharge.

Here's what my Nolo book says on this issue:
If you don't pay back loans obtained directly from your college, the school can withhold your transcript. BUT, if you file for bankruptcy and recieve a discharge of the loan, the school can no longer withhold your records. (in re Gustafson, 111 B.R. 282 (9th Cir. BAP 1990).

Yes, but that only pertains to student loans. Eagleone said that the debts were not student loans.

[Ladynred]

It doesn't pertain ONLY to a student loan, student loans are not dischargeable anyway. The POINT is, if this tuition debt was DISCHARGED in the OP's bankruptcy, as he/she stated it was, then the college can NOT demand payment for a DISCHARGED DEBT. Doing so is illegal under the bankruptycy code as collection on a discharged debt and is a violation of the permanent injunction of the discharge.

The will not release the transcripts without being paid -- they are attempting to collect on a discharged debt, plain and simple and they cannot do it.

[eagleone29]

Thanks, lady in Red and Happy
lady, I heard from some where else that (Gustafson, 111 B.R. 282 (9th Cir. BAP 1990) was overturned. Could you please help me with this. I would hate to go to the school and they tell this was overturned and try to sue me.

Thanks