Is tuition owed to a university dischargeable in Chapter 7?

[tobee43]

HHM, I did not say I was filing BK pro se... the only one ASSUMING here is you.

"I can practically guarantee what will happen".... What the hell? You are a moron.... You have no clue who I am or what my plan is... You are ASSUMING your ass off, and being very demeaning.

Everyone else, thank you very much for your comments. To clarify some points... I took two classes. Because of circumstances beyond my control, I had to withdraw after I was 100% fee liable...

I used the $2,000 for tuition and the $8,000 for living expenses. All $10,000 that the school received from the government was returned to the government. I am not concerned about the BK court looking at this like fraud, because I had attended the university for several semesters before with a 4.00 GPA, and I have proof of the hardship that made it necessary to withdraw.

This is just a unique situation that even my BK attorney can not completely predict. I thought maybe someone may have had a similar situation.

My attorney's opinion is that the $2,000 is definitely a tuition debt to the school, thus dischargeable. The other $8,000 is questionable. I signed a promissory note for the government loan, not with the school.

caramia, welcome to the forum.

i just want to point out, please, on this forum we respect each other, even if we don't agree with one's view.

hhm is a highly respected moderator and has been one of the greatest assets to this forum. our mods such as flamingo and hhm are incredible assets that have helped thousands of people with their questions, whether they want to accept them or not, it most certainly a personal choice.

please, even if you don't agree with someone, there is no need to be rude.

[justbroke]

My attorney's opinion is that the $2,000 is definitely a tuition debt to the school, thus dischargeable. The other $8,000 is questionable. I signed a promissory note for the government loan, not with the school.

The $8,000 is not questionable. it is clearly defined by the IRS as the "cost of attendance". Cost of attendance does include books, fees, transportation, and living expenses (including housing, meals, etc). It would be a non-dischargeable debt.

If you or your attorney feel that the $8K is dischargeable, you will certainly need to file an Adversary Proceeding (AP) / complaint in order to determine the dischargeability of the debt. Otherwise, most debtors think the debt was "discharged" only to find later (a month, year or years later), that there's a collection company pursuing the debt.

The fact that it was returned to the Department of Eduction (DOE) has no bearing on what the money was designated for; it was intended for tuition and cost of attendance. The fact that it is a debt to the school rather than the DOE does not change that distinction.

[caramia1225]

HHM & anyone I may have offended... Please accept my apology for name calling. It was rude and inappropriate. Thank you for your feedback.