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Will I be able to get my official transcript under the chapter 7 automatic stay?

Columbia, SC |

I owe past due tuition but will need my transcript before the case is completed.

Attorney Answers 3

Posted

Have you asked?

The school may not care and so you may be worrying for nothing. But yes, debtors have reported problems, even after bankruptcy, obtaining college transcripts when tuition debt was discharged in bankruptcy. Strictly speaking, no reason exists why the school shouldn't give you the transcripts, but you may run into some hurdles. Note, if the actually requests that you pay to get transcript, then the school has violated the automatic stay. However, that problem remains, you don't have the transcript.

Try the path of least resistance, go ask and see what they say. If you get resistance, go up the chain of command. I have had some debtors report to me that they had to take the issue to the schools general counsel before it got resolved.

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Posted

Note that Chapter 7 only discharges debt that is due before the case was filed, so timing may be an issue here if any fees became due after the case was filed. Also, I am assuming that you don't owe a student loan to the school, since most student loans are non-dischargeable in bankruptcy. However, assuming you merely owe past due tuition to the school, and you are caught up on any tuition or fees that became due after your case was filed, then 11 U.S.C. 525 would seem to prohibit the school from withholding your transcript merely due to the forgiveness of the tuition debt.

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Posted

There is a case, in the 6th Circuit, Andrews University v. Merchant, which basically states that a refusing to give a former student a transcript is a violation of the automatic stay. This was a 1992 case, and may not still be good law. You should consult with an attorney in your area to determine its applicability to your case. Best of luck to you.

My responses to questions on Avvo or other internet sites are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo does not establish an attorney-client relationship with me or anyone at my firm. That relationship is established only by individual consultation and execution of a written agreement for legal services which I provide to my clients.

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1 comment

Danielle M. Callahan

Danielle M. Callahan

Posted

The cite to the case is 958 F.2d 738 (6th Cir. 1992)

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