Transcript held, Chapter 13 bankruptcy

[Drexelaw]

Philadelphia, PA

I attended my university for 5 years, paid for 4 years through student loans and have about $15,000 of unpaid tuition (didnt apply for loan in time, one year = $15,000 couldn't pay it).

I just filed Chapter 13. Attorney's plan of 5 years repayment, pays loans back in full, but pays only 10% of tuition debt since its not a gov't loan. Will this work? (case hasnt been reviewed yet)

Furthermore, I wanted to pay all of the tuition back if my transcripts/diploma will be released, but attorney stated his job is to get me a payment plan that is reasonable, and this is the only way to do it.

I have paid for 4 years of tuition, why can't I have 4 years of transcript released, so I can at least persue a(nother) degree somewhere else? My degree isn't recognized by other institutions because the university will not acknowledge that I even attended school there, I so I cant get my Masters, cant use tuition reimbursement program at work, and have had a VERY hard time trying to get a job since I cant prove my EDU.

I dont know what else to do at this point, but I was hoping there would be some remedy to help me under the chapter 13. Attorney is saying that I might have to wait the 5 years (throught the plan) to have the institution release my transcipts and produce my diploma once the 5 year payment plan is through? I dont know what my other options are. I guess I could use the tuition reimbursement plan at work and try to get another undergrad degree, which I could probably have faster than waiting 5 years for this payment plan.

I graduated in 2000 (EVEN walked in the grad ceremony), but was never sent a diploma, never given my transcripts.

Is there ANYTHING i can do? I obviously don't have the $15Gs. Hence the Chapter 13. I want to go back to school, make more money, in result I would have an easier time paying back my loans/tuition debts. I've had a hard time finding the right job, because all the high paying jobs check your EDU background. I cant find a high paying job, to make money and pay back the tuition.

It seems counterintuitive, doesn't it?

Any help would be appreciated here.

AW

 

[Drexelaw]

I guess there is no help for me here - thanks for taking the time to read....

Nm Nm Nm Nm Nm

 

[HomeGuru]

You did not ask a legal question.

 

[Drexelaw]

legal question

Legal question - Are there any other legal options for me at this time or in the next 5 years (under the umbrella of my chapter 13) to get my transcripts/records released?

AW

 

[stealth2]

I suspect the school is under no obligation to release your transcript until and unless your bill to them is paid in full.

 

[MBM113]

Transcipts

I have been researching this same issue (I am not a lawyer, I am a finance director at a private school). It is my understanding that the immediate stay you receive by filing bankrupcty extends to the withholding of transcripts. I have not reviewed this case, but it was referenced in a book I read on bankruptcy. Loyola University v. McClarty, 234 B.R. 386 (E.D. La 1999). Apparently the school can't withhold your transcript even if your bankruptcy isn't eventually discharged. If you do receive your transcript - try to pay back the loan, even if it is discharged. I have also read that school loans may be one one of the items that are not automatically discharged.

 

[Drexelaw]

Thank you - Transcript held, Chapter 13 bankruptcy

I TRUELY appreciate your advice and the case law reference. I will research this, and post any updates/changes to my situation if anyone is interested.

Again, thank you.

 

[Drexelaw]

More case law regarding Bankruptcy and Transcripts

Thanks to your information, I was able to find numerous other cases in regards to transcripts and Chapter 13. It seems that if the debt is NONDISCHARGEABLE, then the university withholding the transcripts holds up since the agreement to do so is nothing more than a "promise" made in agreement with timely student loan payments from the debtor/student.

However, if the debt is DISCHARGEABLE, then it does not hold up since the university/creditor is using the transcripts as its only way to implement repayment of a debt that is otherwise dischargeable, which is exactly what the automatic stay is intended to protect the debtor against.

Since my debt is college tuition and is hopefully will be deemed dischargeable by the court, there may be hope to have my transcripts released.

Please view document below that aggregates various case law in regards to Chapter 7, 11, and 13 in tandem with transcript withholding.

http://www.njb.uscourts.gov/chambers2/lyons/01-62685_Frances_Billingsley.pdf

If I have misunderstood any parts of this document, I welcome the opportunity to correct me in my assumptions.