+After School' Bankruptcy: Obtaining your Transcript
A surprisingly common scenario is as follows: You recently attended, and possibly even graduated from, a higher or university is actually now holding your transcript and other such official works. Unfortunately, however, you have not been able to fulfill your financial obligation to that institution.
And because their records show that you have an outstanding tuition balance with them, they do not release those school records to a. You discuss payment arrangements all of them in the hope that they'll release the transcripts upon the setting from a payment plan, but are shocked to learn may still won't release your records before the payment plan is fully completed, naturally i.e. no transcript until every penny on your account is paid up.
Take heart - you're not alone. And what's more, legislation is definitely in your. In fact, this very problem already been litigated, and success have hinged upon two key parts of the Bankruptcy Programming. First, the 'automatic stay' section:
11 USC 362. Automatic stay
(a) Except as provided in subsection (b) of this particular section, a petition filed under section 301, 302, or 303 of this title, or even an application filed under section 5(a)(3) of your Securities Investor Protection Act of 1970, operates to be a stay, applicable to all entities, of--
(1)the commencement or continuation, including the issuance or employment of process, associated with judicial, administrative, or other action or proceeding about the debtor which or would've been commenced before the commencement belonging to the case under this title, or to recoup a claim against the debtor that arose up until commencement of the case under this term.
Interpreting this of the bankruptcy code, courts have ruled that the withholding of academic transcripts (or other such official documents) was in principle no different than an action around the debtor to recuperate a debt that arose before the was filed, and as a result is prohibited, so long as scenario is pending, by the automated stay as outlined above.
Next, let's consider what legislation holds after the discharge:
11 USC 524. Effect of discharge
(a) A discharge in a case under this title--
(2)operates being an injunction resistant to the commencement or continuation of action, the employment of process, or an act, to collect, recover or offset any such debt being a personal liability of the debtor, if or not discharge of these debt is waived.
Interpreting this section, courts have likewise held that the withholding of college transcripts is either essence point as an action to build up on a debt that, because like those on been properly discharged, is subject to your injunction described in section 524.
In sum, filing an individual bankruptcy petition the viable crucial for the transcript dilemma; that is, you should not fear that by including the tuition debt in your petition, you are preventing yourself from ever being qualified for get your transcripts. Nor are you forced to suffer financial hardship in repaying that tuition debt before the institution will release the records you need. Quite simply, the law forbids a school's refusal to release academic records, both throughout the bankruptcy and after discharge, when that refusal is they of an antecedent debt.
David Romito is a legal practitioner based in Pittsburgh, Pennsylvania. He handles Chapter 7 Bankruptcy matters in the Western District of Pennsylvania. For more remedies for your Chapter 7 Bankruptcy questions, please visit his website at Pittsburgh Bankruptcy Attorney