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TUITION AND CHAPTER 7 OR CHAPTER 13

Romeoville, IL |

Can you include monies/tuition due the “college or university” in either a Chapter 7 or Chapter 13. For clarification this not monies received via a state or federal agency not a loan, grant or financial aid. Secondly, are you able to get your transcripts in either situation? Can you site any case law regarding this question? (Illinois is the State).

Thank you!

Hi but no one responded to the issue about getting transcripts?

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Attorney answers 4

Posted

yes, moneys owed for tuition that are not loans made for educational purposes should be dischargeable in any chapter of bankruptcy.

Mark J. Markus, Attorney at Law
http://www.bklaw.com/

Posted

So long as it's not a loan made "for educational purposes" this particular debt can be discharged in chapter 7 or 13.

Posted

It would be highly inadvisable for the college to withhold your transcripts on account of a debt you discharged in bankruptcy.

The automatic stay prohibits "all entities" from engaging in a broad array of collection actions. For example, see 11 U.S.C. 362(a)(6). This prohibition is in effect for as long as your case is pending (unless the college receives court permission to proceed against you, and I cannot think of a reason why the court would grant such permission).

If you receive a discharge, no matter under which chapter, the discharge acts as a permanent injunction against taking any actions to enforce any debts that were included in your case. See 11 U.S.C. 524(a)(2).

Posted

Normally, no, you cannot get the transcripts after filing the bankruptcy. Get them now, prior to filing. Good Luck!

Very truly yours,



Dean D. Paolucci, Attorney at Law
Select Legal, Practicing in Illinois and Ohio
Illinois> 312-427-9131
Ohio> 614-223-1235
Dean@SelectLegal.com

www.SelectLegal.com



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