Legal Question in Bankruptcy in New Jersey

my chap 7 bankruptcy was recently discharged and included unpaid tuition from my old university. i never signed a promissory note with them for a loan, but i did have one semester where i paid a small fee to have them let me participate in there employer reimbursement program where working students are reimbursed for courses taken in a degree program by their respective employers. i've never noticed this until now...but they also had a clause saying that i waive the right to have this discharged in bankruptcy because "it is educational debt". Can they truly get away with this? The form in no way indicates that they were considering this a loan? There was no interest fees attached to nor any installment payments outlined other than the remaining amount expected by the reimbursement from my employer due by the end of the semester, Are they being legally compliant by not discharging my debt? They never attended any of the creditors meeting or issued any disputes during the filing and discharge process. What are there options? Do they have any? what does this mean for me?


Asked on 5/14/10, 5:18 am

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Federal law then, and now, does not allow for the discharge of student loans except under special circumstances, such as, physical or mental disability that prevents you from obtaining employment; or fraud by the school.

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Answered on 5/19/10, 10:44 am


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