Legal Question in Bankruptcy in Oregon

Bankruptcy and University Obligation

I am a college student who owes a University 26,000. I am thinking of filing for bankruptcy, but if I do so I am afraid I won't be able to get my transcripts (they won't give them to me now, seeing I still owe them money). Is this an item that would be discharged through bankruptcy, and if so, are they liable to give me my transcripts?


Asked on 12/17/01, 8:08 am

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Bankruptcy and University Obligation

Student loans are generally not dischargeable in bankruptcy, although there are a few exceptions. You should sit down with a bankruptcy attorney near you and go over your options.

As far as your transcripts, most colleges and universities have a policy in place that states that they cannot issue a transcript to you or another agency or instutition if you have a balance due.

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Answered on 12/17/01, 11:46 am
Mark Markus Law Office of Mark J. Markus

Re: Bankruptcy and University Obligation

There is case law that says that if the university wittholds the transcript until the debt to them is repaid, it is a violation of the automatic stay in bankruptcy. It makes a difference whether the money is owed directly to the university, and whether it was for school expenses, or just a student loan. I researched this several years ago, but I don't recall all the specifics. Generally, student loans are not owed to the University, they are owed to a bank or other lender, so the university would have no reason to witthold your transcript anyway.

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Answered on 12/17/01, 12:38 pm


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