Who Knows The MOST RECENT OHIO BK LAW??

[BeBejEY]

Hello Everyone! I would first like to start off and say thanks to any and everyone who offers their knowledge! Now...As you can see my title! I have spoken to at least 6 BK lawyers today...and if they didn't have bad attitudes...there only focus was to try and get me to spend money for every question that I asked them!

Okay...So here is the deal....I am ready to file BK BUT I have a MAJOR issue...I went to a college...I "Officially Withdrew" after 1 month...They kept over $7000 is grants but had to return over $3600 in loans...Because they had to return them it left that much returned as my balance...I feel like the whole situation is a scam and that if they really wanted to not be AHoles they could just be happy with the grants and let me receive my transcripts so that I can get on with school...BUT...How I feel does not matter and they refuse to be of any help...So they have sent me to collections and are withholding my transcripts until I pay the balance...which I honestly refuse to do because I feel like its complete BULL that they are even trying to make me pay! I didn't receive any credits from them...I didn't get any grades...I wasnt there long enough...I left a week after starting but didnt officially withdraw until a month later...So the transcripts that they are trying to keep from me are full of W's....They don't benefit....Whew! Now..Here is my problem...I need to file BK because I want a fresh start...I have so much racked up in debt...and I am still young...I can rebuild...But....I am concerned as to whether or not I will be able to put that silly college on my case and get those charges discharged and retrieve my transcripts....I just spoke to a lawyer and she told me that under new BK law I won't be able to add them to my case because the new law doesn't allow an educational debt of any kind to be discharged!!! I would like to know how credible is this information...I would love to be able to believe what this lawyer says because..well they are the lawyer and they should know...But I have spoke to 6 other lawyers who say that it is dischargeable!!! Does anyone know Ohio BK law...Does anyone know if this DEBT THAT IS NOT A LOAN can be discharged? and will I be able to get my Transcripts after the discharge??? Thanks for all the help! Sorry about the story!

[keepmine]

Maybe this thread will help.

http://www.bkforum.com/showthread.php?t=58015

[BeBejEY]

Thanks! This is really good to know! Really helpful!...I hope that I won't have this problem when I file ...But just in case I do...Now it's just finding a good lawyer...that I can trust will prepare my case properly and do what they are suppose to do!

[tcreegan]

Transcripts and student loans

Hello BeBejEY,

What a mess!

First off, why would you want a transcript? What on earth would you need it for?

Second, it smells like fraud here big time. My wife was in fin. aid for a small (legit) business college and she said one scam was a school would enroll students, get all the grants and loans, then keep them, but leave them in the students name. Student leaves b/c school is useless, finds out they have student loans and a payback for the fed. grant money when the try to enroll in a legit school

Very important to find out what the school can legitimately charge you for your 1 month. Look through the fine print of what you signed.

Very important to find out who paid for the loans (who the school got the loans from). Contact them and see if they were paid back by the school.

The confusion in the BK law is the the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) and it is federal not Ohio.
The law expanded what is considered a student loan from only federally backed loans to both federally backed and private loans. Under BAPCPA, both federal and private student loans are not discharged (unless you can prove hardship)

Federal or private, the courts have discharged student loans when made by fraudulent schools.

This is a grey area, congressional hearings are going on, expect court rulings on this, etc.

Hope this helps,

Tom in Colo

[BeBejEY]

Hello BeBejEY,

What a mess!

First off, why would you want a transcript? What on earth would you need it for?

Second, it smells like fraud here big time. My wife was in fin. aid for a small (legit) business college and she said one scam was a school would enroll students, get all the grants and loans, then keep them, but leave them in the students name. Student leaves b/c school is useless, finds out they have student loans and a payback for the fed. grant money when the try to enroll in a legit school

Very important to find out what the school can legitimately charge you for your 1 month. Look through the fine print of what you signed.

Very important to find out who paid for the loans (who the school got the loans from). Contact them and see if they were paid back by the school.

The confusion in the BK law is the the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) and it is federal not Ohio.
The law expanded what is considered a student loan from only federally backed loans to both federally backed and private loans. Under BAPCPA, both federal and private student loans are not discharged (unless you can prove hardship)

Federal or private, the courts have discharged student loans when made by fraudulent schools.

This is a grey area, congressional hearings are going on, expect court rulings on this, etc.

Hope this helps,

Tom in Colo

YES!!! A BIG NASTY MESS!!!

Well...I need the transcripts because the college that I am trying to transfer to is asking for them for financial aid purposes...which I don't understand considering that the loans from the college that is giving me a hard time has sent them back....

And...The loans were both sub and unsub loans from the government and YES they were sent back I have record of it....the only thing that the college received from the loans that they sent back was $74 and when I spoke to registrars they seemed to be upset that, thats all they received...which I find EXTREMELY comical considering they receive over $7000 in grants that they were allowed to keep from my 1 month of only being there...

Something about this really does scream FRAUD....either that or just plain GREED AND PREJUDICE! It baffles me how...I have ZERO CREDITS...ZERO GRADES...I was actually only there or 1 week...but "officially" withdrew a month later and this is something that they know...but yet they are trying to make me pay for the loans that they had to send back as if I gained anything from them...I could see if I actually had to credits to transfer but I don't....and no one will speak to me at the college....I had to go to the school and demand to speak to someone...and they tried to tell me that they were all on lunch...until I said I would wait...and then....OH LOOK WHO SUDDENLY POPPED BACK FROM LUNCH! I explained my situation and was hoping for some kind of help and...all I got was pay the tuition debt and we will give you your transcripts...otherwise it's nothing we can do.....I think this is such BULL CRAP! I feel like I am being scammed and I am really hoping that I can put them on BK and get my transcripts...so I can laugh in their faces...Wrong doing only goes but so far....I am sorry for ranting! This is just so upsetting to me!! Thanks for your reply!

[tcreegan]

grants problem

Hi BeBeJey,

Hate to put more stress on you.....but you may have a problem with ScamSchool not paying grant money back. That is probably the reason NextSchool wants financial aid transcripts (not grade transcripts, fin.aid transcripts, they overlap but are two different things) You need to talk to NextSchool and tell the fin. aid office that you suspect ScamSchool took you to the cleaners. Ask them what fed agency you contact to report ScamSchool to and how you go about getting fin aid again without a fin aid transcript from ScamSchool.

Hang on, it's a tough situation

Tom in Colo

[csine09]

BANKRUPTCY for ONLY 550

https://www.dischargedebt.info

[BeBejEY]

Hi BeBeJey,

Hate to put more stress on you.....but you may have a problem with ScamSchool not paying grant money back. That is probably the reason NextSchool wants financial aid transcripts (not grade transcripts, fin.aid transcripts, they overlap but are two different things) You need to talk to NextSchool and tell the fin. aid office that you suspect ScamSchool took you to the cleaners. Ask them what fed agency you contact to report ScamSchool to and how you go about getting fin aid again without a fin aid transcript from ScamSchool.

Hang on, it's a tough situation

Tom in Colo

I COULD EFFING SCREAM! I knew this had the BIG EFFIN SCAM ring to it! I just knew it....I am still able to get fin aid and all of that...The school I have been going to since I left "scamschool" still awards me my aid...but just because they do doesn't mean that I want them to get away with scamming me and causing me all of this stress! This is just way too much! I really appreciate your advice! Whats funny is that scamschool is a catholic school and spoken highly of...which is why i decided to attend...but a couple days into it I learned the total opposite of that! smh! I am in for a ride....but I am ready for it....anything to prevent others from having to deal with this kind of mess!