I filed bankruptcy on a past school debt of unpaid tuition. Can I sue for my transcripts?

Debts related to education is non-dischargeable in bankruptcy unless the Court determines hardship. It doesn't have to be an educational loan or scholarship. It is a very broad definition. However, if you think the nature of the debt doesn't meet the definitions under 523(a)(8), you can sue the college for violation of the discharge injunction.

The short answer to that answer is yes. However, if the school debt is considered a "student loan" and backed by the government, then it is non dischargeable. However, my instinct from your question, when you said it was for "tuition" is that it is a not a loan, but rather a bill for unpaid tuition. So, in my opinion, you should be able to get your transcripts back. That can probably be done through a motion to re-open, and compel the school to turnover the transcipts. This action would likely be filed in the Bankruptcy Court where you filed the case.

I imagine that you can sue to get your transcripts. That is not really a bankruptcy question. However, it sounds to me like the debt is a nondischargeable student debt under Section 523(8) of the bankruptcy code. You need to discuss this with an attorney. Whether this debt was forgiven will depend on the terms of the contract you signed when getting the debt. You need to request a copy from the school if you do not have it for review.

The school may be violating the auto stay. Call the lawyer who did your case.

If you filed your bankruptcy case after October 15, 2005, you may be operating on a bad legal premise. Section 11 U.S.C. 523(a)(8)(A)(i) and (ii) was expanded to include any "educational benefit." Unpaid tuition, even unpaid dorm fees, would be considered a "benefit" and is therefore not Dischargeable in Chapter 7. Regarding the transcripts, the most litigated issue is not whether the transcripts are your property or not (they are probably not), but whether a refusal to release them constitutes a collection activity that violates 11 U.S.C. 362(a). Some judges have held that since you are no longer in bankruptcy, there is no Stay in effect if the underlying debt was not discharged (and it probably wasn't). In short, you could be into a lot of time, legal research, and legal pleadings required to obtain your transcripts- google it- you probably will find hundreds of cases on this very issue which have been decided in a number of contradictory results. All depends on which judge you would draw and/or how much of a jerk your prior college wants to be in treating its own students who they are supposed to be assisting.

This is the first time I have come across this issue. Most schools have rules in place that prevent the administration from issuing transcripts if you owe tuition. Similar to purchasing a car, the car or your school transcript in this case doesn't become your property until the entire debt has been paid. Even if you are granted a discharge by the court that will prevent the school from collecting on the debt, I believe the school is not required to provide you with the transcript.

Many schools attempt to treat unpaid tuition the same as a student loan, arguing the debt is nondischargeable. Unfortunately, you may have to file suit against the institution or file a motion in bankruptcy court for violation of the discharge order.

I would speak to your bankruptcy lawyer (or hire one). Generally you have a right to receive (and perhaps pay a cost or procuring) your transcripts and, if you have filed bankruptcy, there is most probably an automatic stay in effect which, in part, prevents collection action for being taken against you. If the school is withholding the transcripts as part of their collection attempts seeking your payment of their past due tuition and fees they may well be in contempt.

Your understanding sounds like the school thinks it wrong. You certainly can seek to compel the release of records in Bankruptcy court. Successfully is the question since you are relying upon your understanding and we don't know how you came to the understanding.

You would first need to sue in bankruptcy court for a determination that the tuition debt was discharged. In most cases, tuition debt is not discharged in bankruptcy. In most cases, if you owe a tuition debt it is because the school agreed to allow you to attend classes without paying the tuition in advance. In that case, the school extended credit to you and in Minnesota this would generally be considered a debt for an educational benefit, which is generally not discharged in bankruptcy absent proof that repayment of the debt would work an undue hardship.

Generally, educational loans are not dischargeable in bankruptcy. Just because you list them on your petition does not mean they are discharged. A special motion is required. If you failed to get a specific order granting you discharge of your educational loans (regardless of the purposes for which you used the money), then you still owe that debt. I suggest speaking with an experienced bankruptcy attorney regarding your options on this matter.