Legal Question in Bankruptcy in Massachusetts

Re: Withholding of Academic Transcripts

I don't know of any statutes or case that deal directly with this issue. Since the only reason for withholding the transcripts would be to force the payments, that would be a violation of the automatic stay.

Most student loans are not dischargeable in bankruptcy without a special hearing to determine if there is a hardship entitling the debtor to a discharge of the loans. Just getting a general disharge will not necessarily be enough.

If you had a lawyer for your bankruptcy, s/he should reopen your case and file a motion for contempt for violating the automatic stay, or file an action for contempt in bankruptcy court, if your statements are correct.

Re: Withholding of Academic Transcripts

If you were discharged in bankruptcy, and that debt was discharged, I believe that the action of the school violates the terms of the discharge order. Retain counsel to take the necessary steps to require the release of the transcript. (This presumes that the sole reaon for failure to release the transcript is the non-payment of the loan ..which was discharged.)