Chpt 7. on School Tuition Discharged?

[timhlk]

What is the name of your state? CA

I am in the same situation as another person who wrote about their college tuition. I was being sued by this private university, and a judgement was passed but only shows up on one of the credit bureaus. I noticed that the college is still on one of my credit reports showing an active collection, but I contested it and they removed it from my credit report bc from my knowledge it was discharged in my chapt. 7 (2005) I contacted the private university and told them that there are other cases that ruled in favor of the debtor. The irritating person there emails me back and sends me back a case saying that tuition that is not paid is extended credit/loan and is not dischargeable she keeps asking for a court order. Anyways I checked out my bankruptcy schedule deal and my bankruptcy lawyer only sent it to their lawyer that was trying to sue me for them and it only says "notice only" So the lady is saying that they never received discharge papers because I put down their lawyer instead of them on my bankruptcy. I guess my question is that if I listed their lawyer who was harassing me for the money is it the same thing as petitioning the tuition i owe to that school or did I have to actually put down the SCHOOL. And if I didn't include that school is there anyway to add them after I have already filed? Help!

 

[moburkes]

What is the name of your state? CA

I am in the same situation as another person who wrote about their college tuition. I was being sued by this private university, and a judgement was passed but only shows up on one of the credit bureaus. I noticed that the college is still on one of my credit reports showing an active collection, but I contested it and they removed it from my credit report bc from my knowledge it was discharged in my chapt. 7 (2005) I contacted the private university and told them that there are other cases that ruled in favor of the debtor. The irritating person there emails me back and sends me back a case saying that tuition that is not paid is extended credit/loan and is not dischargeable she keeps asking for a court order. Anyways I checked out my bankruptcy schedule deal and my bankruptcy lawyer only sent it to their lawyer that was trying to sue me for them and it only says "notice only" So the lady is saying that they never received discharge papers because I put down their lawyer instead of them on my bankruptcy. I guess my question is that if I listed their lawyer who was harassing me for the money is it the same thing as petitioning the tuition i owe to that school or did I have to actually put down the SCHOOL. And if I didn't include that school is there anyway to add them after I have already filed? Help!

Seriously? You need practice on putting together a sentence that makes sense. I need to understand your question.

You have unpaid school debt. It is tuition, and NOT a loan. You had the lawyer included in the BK filing, but not the original creditor (dumb move if true). You are asking if the debt was truly discharged? Is that correct?

 

[Ladynred]

my bankruptcy lawyer only sent it to their lawyer that was trying to sue me for them

Nothing wrong with that, it is pretty standard procedure.

So the lady is saying that they never received discharge papers because I put down their lawyer instead of them on my bankruptcy.

Then she needs to take it up with their lawyer. While your lawyer should have listed the school too, that doesn't mean that the debt wasn't discharged.

Unless the schools papers, which you signed, stipulate that the tuition is an extension of credit, chances are they're not going to be able to say the debt is a 'school loan' and therefore non-dischargeable. You need to read the rest of the cases that the other poster listed. You probably should also get in touch with YOUR bankruptcy lawyer.

And if I didn't include that school is there anyway to add them after I have already filed?

Yes, but it may be a pointless exercise. In a no-asset Ch 7, ALL pre-petition debts are considered discharged whether listed or not. The amount you owe being collected by their collection lawyer -- which goes back to them - same debt, regardless of who's name was listed on your BK papers.

There are cases that go both ways.. you're probably not going to be able to handle this on your own.

 

[timhlk]

Nothing wrong with that, it is pretty standard procedure.
Then she needs to take it up with their lawyer. While your lawyer should have listed the school too, that doesn't mean that the debt wasn't discharged.

Unless the schools papers, which you signed, stipulate that the tuition is an extension of credit, chances are they're not going to be able to say the debt is a 'school loan' and therefore non-dischargeable. You need to read the rest of the cases that the other poster listed. You probably should also get in touch with YOUR bankruptcy lawyer.

Yes, but it may be a pointless exercise. In a no-asset Ch 7, ALL pre-petition debts are considered discharged whether listed or not. The amount you owe being collected by their collection lawyer -- which goes back to them - same debt, regardless of who's name was listed on your BK papers.

There are cases that go both ways.. you're probably not going to be able to handle this on your own.

Hi Lady in red, thanks for understanding my dilemma. If I am reading this correctly, you're saying that even though on the schedule it shows "notice only" to the collection lawyer for consideration of collection for the University's name? That does not include the amount it is discharged?? Also, in the event that I have to add it, will my case be mandated by the bankruptcy law before the changes in 2005? I greatly appreciate your thoughts.

 

[timhlk]

Seriously? You need practice on putting together a sentence that makes sense. I need to understand your question.

You have unpaid school debt. It is tuition, and NOT a loan. You had the lawyer included in the BK filing, but not the original creditor (dumb move if true). You are asking if the debt was truly discharged? Is that correct?

Yes that is right..

 

[bigun]

Vontact your lawyer. You are in the 9th circuit and that circuit regards debts that were not listed in a no asset Chapter 7 as discharged.

http://www.usdoj.gov/ust/eo/public_affairs/articles/docs/abi012001.htm

In other words, reopening a closed no-asset case to add a creditor has no effect on whether the omitted debt is discharged. See Beezley v. California Land Title Co. (In re Beezley), 994 F.2d 1433, 1434 (9th Cir. 1993) (per curiam); American Standard Ins. Co. v. Bakehorn, 147 B.R. 480, 483-84 (N.D. Ind. 1992).

 

[Ladynred]

you're saying that even though on the schedule it shows "notice only" to the collection lawyer for consideration of collection for the University's name?

"Notice Only" is what any creditor in a no-asset Ch 7 gets - notice that you've filed, notice from the Trustee that there are no assets , notice of your discharge. S.O.P.

That does not include the amount it is discharged??

Technically the amount doesn't matter, but it certainly includes ANY amount.

 

[Desperate4Advic]

Seriously? You need practice on putting together a sentence that makes sense. I need to understand your question.

You have unpaid school debt. It is tuition, and NOT a loan. You had the lawyer included in the BK filing, but not the original creditor (dumb move if true). You are asking if the debt was truly discharged? Is that correct?

I don't agree with you saying this person has a problem putting together a sentence. It appears to me that you have a difficult time understanding what people are conveying through the written word. More importantly this is a site to offer free Law advice not an english forum to increase communication skills.

 

[moburkes]

I don't agree with you saying this person has a problem putting together a sentence. It appears to me that you have a difficult time understanding what people are conveying through the written word. More importantly this is a site to offer free Law advice not an english forum to increase communication skills.

You're not required to agree. It is not one of the terms & conditions.

 

[Desperate4Advic]

Hi Lady in red, thanks for understanding my dilemma. If I am reading this correctly, you're saying that even though on the schedule it shows "notice only" to the collection lawyer for consideration of collection for the University's name? That does not include the amount it is discharged?? Also, in the event that I have to add it, will my case be mandated by the bankruptcy law before the changes in 2005? I greatly appreciate your thoughts.

Hey there, not sure if you settled your situation with your college institution, but here is a really good argument for your (our) situations. Send this to the controller, bursar's office.

http://www.heag.us/news13.html

Good luck, hope everything works out for you.

 

[timhlk]

Hey there, not sure if you settled your situation with your college institution, but here is a really good argument for your (our) situations. Send this to the controller, bursar's office.

http://www.heag.us/news13.html

Good luck, hope everything works out for you.

I contacted the school and faxed over this print out to them as well, but is under review they said and not sure how long it takes to review before I start asking what's going on? IT seems you didn't have a waiting period at all? This school has been so difficult for me from the start and just annoying. They keep sending me back cases for me to read that are about chapter 13 not chapter 7 which i filed taht ruled in favor of the university but not sure if that applies to me because most chapter 7 cases you posted said they gave judgement benefit of the student. i'll let you know how it goes just pissed off.