Collection after a chapter 7

[maray11]

What is the name of your state? CA
I attended the U of Phoenix in 1990. Declared Chapter 7 in 1994 which included the Phoenix debt of about $1800. In the interm, they have stopped collections a long time ago and as of 2003 the debt no longer appears on my credit report. Does the U of Phoenix have the right to withhold my transcript because of the debt? Do I have to pay the debt to get my transcript? Isn't the statute of limitations past? I need a transcript from them as I finally enough credits for a degree, but the newer college won't give me the Phoenix credits without an official transcript from them--which they are refusing because of the debt.

 

[Ladynred]

Was the debt discharged thru the bankruptcy ?

If it was, them there actually IS some case law that says they can NOT withhold your transcript if the debt was discharged thru bankruptcy.

The case is: re Gustafson, 111 B.R. 282 (9th circuit, BAP, 1990). It basically says that if you file bankruptcy and get a discharge of that school debt, the school can no longer withhold your records.

Try looking up the case on-line. If its not there, and its old enough it may not be, head for a law library and look it up. Then write U of P a letter citing the case and your bankruptcy.

 

[maray11]

It was discharged through the bankruptcy.

 

[Ladynred]

Then I'd write UOP that letter telling them that per that case, they cannot withhold your transcript since the debt was discharged in bankruptcy.

Time for a bit of research, you should cite the case in your letter. That case was decided in the 9th district, which I believe includes CA, so in court it would be applicable. If they don't turn your transcripts loose, I'd threaten to sue them.

 

[maray11]

Thanks--I found the case and am reading through it. I will draft a letter to UOP and cc my attorney on it. Hopefully this will be enough to get the transcript released. Thanks for your help.