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  #1  
Old 05-05-2003, 02:41 PM
headphones_2
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withholding college transcripts

What is the name of your state? Il
Hi, Ive recently filed bankruptcy and I listed one of my colleges on it. Its already been discharged and official and now my college says that they will never release my transcripts because I have a balance. The problem is that I cant get into any other school without official transcripts. Is it legal for them to withhold my transcripts? And how can I get them back?
  #2  
Old 05-05-2003, 02:44 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: withholding college transcripts

Quote:
Originally posted by headphones_2
What is the name of your state? Il
Hi, Ive recently filed bankruptcy and I listed one of my colleges on it. Its already been discharged and official and now my college says that they will never release my transcripts because I have a balance. The problem is that I cant get into any other school without official transcripts. Is it legal for them to withhold my transcripts? And how can I get them back?
**A: simple. Pay them the money that you owe. It is called cash for transcripts.
  #3  
Old 05-08-2003, 11:12 AM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Have I got some info for you !!! I just found this today:

"..if you file for bankruptcy and receive a discharge of the loan, the school can NO LONGER withhold your records. (In re Gustafson, 111 B.R. 282 (9th Cir. BAP, 1990)).

In addition, while your bankruptcy case is pending, the school cannot withhold your transcript even if the court eventually rules your school loan is nondischargable. (Loyola University v. McClarty, 234 B.R. 386 (E.D. La. 1999))"

Looks to me that with this case law on your side, you should be able to get your transcripts !

Anybody got a case-law source to pull these cases ??
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I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #4  
Old 08-03-2003, 01:29 AM
kevinss
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I know this is an old thread, but I have an additional question. Do you know if this applies to, say, a catholic high school withholding transcripts in the same manner?
I have a friend in this situation, and she's looking forward to going to college. Her parents' BK caused this situation, unfortunately. Bad divorce.
TIA.
  #5  
Old 08-04-2003, 07:22 AM
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Join Date: Feb 2002
Location: Nashville,TN
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The premise and the situation is basically the same, so I would think the same case law could be applied to your friends advantage.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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