Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Can I get my college transcript while in BK

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  • Can I get my college transcript while in BK

    I am a pro se filer. I owe a school for a loan through the school. I filed BK in June and I am awaiting discharge. I listed both the school & the collector in my filing. I tried to get my transcripts and of course there is hold, they do not list my account in BK or sre aware that I filed. However, per the collection agency the said the account was closed in their systems and returned it to the school. This has been going on since June and I keep getting the run around. Is it legal for them to hold my transcripts. Do I need to file something in court to get them to release them. I was researching but I'm keep finding conflicting information on whether they can or cannot hold my transcripts. I do know I am liable for student loans but I'm confused if the loan is through the school.

  • #2
    I seen this(during my research) 11 U.S.C. sec. 523 (a) (8)- I think this may apply I believe it's not federally backed just in-house charges. In midst of trying to dig up old paperwork. Any feedback is appreciated. Thanks!


    • #3
      Is it a brick and mortar university or an online school like DeVry or Phoenix? Much depends on what you signed in order to obtain the $$ from the school. The online schools tend to have in-house credit accounts to cover fees, books, balances after financial aid, etc. and some are considered student loans while others aren't.

      We recently dealt with one of the online schools regarding their placing a financial hold on hubby's diploma since he had a 1k balance at the time we filed that wasn't covered by his entitlement. We listed the balance on Schedule F of our BK petition and the school was noticed properly. He attended school for 1 term after the BK and we had prepaid his portion for that term in full.

      I told them that their placement of a financial hold on his diploma was an act done with the purpose of compelling him to pay a pre-petition debt which was in direct violation of the discharge injunction. I referenced In re Moore, 407 B.R. 855, 861 (Bankr. E.D. Va. 2009) They wrote the balance off and we got his diploma. YMMV.

      Good luck!!

      PS: You may need to wait until after your discharge - otherwise the school may not write off the balance since they wouldn't be 100% certain the debt was discharged until then.
      ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
      Not an attorney - just an opinionated woman.


      • #4
        Thanks for sharing your experience I really appreciate it. Yes, it was online. One of the schools you mentioned. The funny thing about it is I didn't not attend any classes, I know I withdrew properly and all student loans/grants were cancelled and returned. Yet, I still owe them. The paperwork I was able to find so far & research from their website it states "Retail Intallment Application" (like a cc contract to me) there though I haven't found my signed copy, so I'm assuming this is their in-house plan. In any event I will wait until after discharge. Thanks again!


        • #5
          Lady? I know which school it is! Ours was the same one. I read that they do this in the hope that naive people will pay them. Grrr.

          Once you get your discharge, go on Pacer and save a copy of your discharge in PDF format to your computer. You can then e-mail it to the school. That school has just 1 person that handles their students that file BK. I have her email address if you want it - just PM me!!
          ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
          Not an attorney - just an opinionated woman.


          • #6
            Make sure you get both the front page and the back page of the Discharge Order and save it as VY suggests. Also get ALL pages of your order, if it goes to two or more sheets of paper.

            In our district the Discharge order is on one sheet of paper with the Order itself, and the Judge's signature on the front. The BACK contains a list of the types of debt that were discharged, and a list of the types of debt NOT discharged, along with references to the BK law that governs them. Whenever we have to challenge an attempt to collect a debt that has been discharged, we have to send both sides of that order.

            Good luck to you!
            "To go bravely forward is to invite a miracle."

            "Worry is the darkroom where negatives are formed."


            • #7
              I'm a little confused. If you didn't attend any classes and you withdrew before the classes started, why would you need a transcript from them??


              • #8
                Thanks Angelina will do


                • #9
                  Originally posted by biotechsolution View Post
                  I'm a little confused. If you didn't attend any classes and you withdrew before the classes started, why would you need a transcript from them??
                  I was confused too because I explained to the school that I withdrew but,the community college financial aid department requires me to get all transcripts from all schools regardless. Even though I registered and withdrew and all loans/grants were returned and it shows that in NSLDS. The school is listed in NSLDS so its required for me to obtain them by the community college because I am applying for financial aid. I hope that answers your question.


                  • #10
                    Yeah, they want to see a document with your 'enroll' date and 'end' date--in this case, the withdrawal date. This is not unusual at all; just another form/hoop to jump through, but fairly benign.

                    Good wishes to all!
                    "To go bravely forward is to invite a miracle."

                    "Worry is the darkroom where negatives are formed."


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