Still trying to collect AFTER my discharge? Can they do this?

[CS1]

Hello everyone. My bankruptcy was discharged on September 8. One of my creditors is the college I used to attend. I had a student loan there that I was unable to repay. They didn't dispute my discharge or their inclusion in my bankruptcy. Now that my discharge is complete, I contacted them for my transcripts and they won't release them, stating that the discharge doesn't apply to them because student loans can't be discharged.

Is this true? Are they obligated to discharge the debt anyway, since they didn't dispute this when the bankruptcy was open?

For the record, I contacted my lawyer and he's looking into this for me. I'm so worried about this because I can't afford to enter a payment agreement with them. I entered bankruptcy to escape another wage garnishment and I don't want to be threatened with another garnishment.

Thanks in advance for your input.

[jribe]

you'll need to check your state's statues, but typically a school can withold transcripts if there were not paid

Hello everyone. My bankruptcy was discharged on September 8. One of my creditors is the college I used to attend. I had a student loan there that I was unable to repay. They didn't dispute my discharge or their inclusion in my bankruptcy. Now that my discharge is complete, I contacted them for my transcripts and they won't release them, stating that the discharge doesn't apply to them because student loans can't be discharged.

Is this true? Are they obligated to discharge the debt anyway, since they didn't dispute this when the bankruptcy was open?

For the record, I contacted my lawyer and he's looking into this for me. I'm so worried about this because I can't afford to enter a payment agreement with them. I entered bankruptcy to escape another wage garnishment and I don't want to be threatened with another garnishment.

Thanks in advance for your input.

[music12]

it depends on whether the student loans are the type that are dischargeable or not. if it's a tuition bill that just wasn't paid, and not a student loan, then i believe it's discharged. if so, i believe there was a case i read that says that withholding a transcript in this situation is the same as collection activity and therefore prohibited. that case was precisely about this situation. your lawyer will find it if they search well enough. i don't remember where i read it, but you could probably just google ...

ok, just googled, and take a look at this page, towards the bottom. keep googling and you'll probably find the actual case law.

http://www.finaid.org/questions/bankruptcy.phtml