What can I do if I can't get transcript after filing Chapter 7?
Asked on Jul 24th, 2013 on Bankruptcy - New Jersey
More details to this question:
I filed chapter 7. A few months later requested my transcript from a college that was listed in the bankruptcy. They would not release them. I was advised this is a violation of the automatic stay. So how do I proceed in getting them released at this point?
Sounds like you may have a "non-dischargeable" student loan which would survive a Chapter 7 discharge. While the automatic stay may apply during the pendency of the Chapter 7, you still may have to file a Motion for the violation which would entail you paying attorney's fees to handle that chore.
It makes a difference whether you owed tuition to your college, which is dischargeable in bankruptcy, or whether you owed a student loan, which is rarely dischargeable. If it was tuition that you owed, the college is violating the discharge injunction by not providing your transcripts. You should speak to your attorney about seeking relief, and sanctions, under Code 524. However, if it is a student loan that you owed things are somewhat murky, as some courts hold that since the student loan is not dischargeable in bankruptcy the college is free to withhold the transcript. The cornerstone of this reasoning is that a college cannot violate the discharge injunction if the underlying debt is not discharged. There is some common sense appeal to this argument. I am aware of no clear cut law on the issue of withholding college transcripts after a Chapter 7 case where the student loan was not discharged.
Advise them of the bankruptcy filing date and number, and if they do not provide the transcript for the norm and present cost then seek to have the held in contempt of the bankruptcy court.
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