Discharged Tuition Judgment under Ch 7; School isn't complying...

[wingnut]

Hello,

Recently I filed for Ch 7 (in August). My 341 went fine, and everything discharged in November.

Including a judgment against me for tuition owed. On my credit report the Judgment is listed as 'Satisfied' or 'Discharged'. Both the school and the court were adequately listed within the Ch 7. The small claims judgment listed 'tuition' for what was owed.

Unfortunately, the school still won't lift the hold on my records. Since I owe them for services rendered (tuition) and not a student loan (no promissary note) I assume that's why the county discharged the judgment. Furthermore, they had an ample amount of time to dispute the discharge between the August filing, September 341 and November discharge.

Why would the county discharge the judgment if tuition weren't dischargable?

I suppose they might find out the hard way if they attempt to get another judgment.

Is holding my records in lieu of payment a collection technique? If so, can I sue them for trying to collect on a discharged debt?

Bear in mind that I do have student loans, they were of course listed in the Ch 7, and were not discharged. Why would the Trustee allow 1 'student loan' to discharge while keeping the other 3? I assume it is because of reasons listed above.

Should I contact the Trustee, and have her send a letter explaining the difference? I filed Pro Se...

Thanks!

Sincerely,

WINGNUT

[JRScott]

Did you file with a lawyer?

If so I'd ask him.

However I believe they are within their rights to withhold your records for nonpayment.

[HHM]

This is a tricky issue

First, realize, your credit report is not a legal document, what is listed on your credit report does not necessarily reflect the legal status of the debt.

Whether tuition can actually be discharged is very fact specfic, and sorry to say, the burden is usually on YOU to demonstrate the debt can be discharged. In some circumstances, tuition can be discharged, in others, it can't. It is quite common for schools to withhold records. There are other threads in this forum that discuss this. Ultimately, you will need to get in touch with the schools general counsel to try and have your records released.

[Bell30656]

Even if the tuition is indeed discharged, they are still within their rights to withhold the records. You didn't pay for the services thus you won't receive anything further from them. They may not be able to go after you for the money owed but they also do not have to provide you any further service. If you tried to sign up for another class with them, they would also be within their rights to say "No."

[HHM]

Even if the tuition is indeed discharged, they are still within their rights to withhold the records. You didn't pay for the services thus you won't receive anything further from them. They may not be able to go after you for the money owed but they also do not have to provide you any further service. If you tried to sign up for another class with them, they would also be within their rights to say "No."

I think there is a case or two that disagrees with this view. However, it all depends on whether, in reality, the tuition was dischargeable.

If you keep forcing the issue up the chain of command and land in the general counsel's office, you may have better luck. It is true that they can refuse future service, but a couple cases do hold that the withholding of records in the case of discharged tuition is a violation of the discharge injunction on attempting to collect a debt.

[StartingOver08]

HHM seems to have the right angle on this withholding of transscripts. I looked up something similar that may help you a little in your argument with the schools general counsel to persuade the school to release your transcript. Although this case was heard in FL, it references BK cases around the country that may bolster your efforts to get your transcript. See this link below where the university was forced to release the transcripts to the debtor (but monetary sanctions were not allowed against the university):

http://pacer.flmb.uscourts.gov/pdf-new/47416921.pdf

I hope this helps you get your transcript.