Expert: Mark J. Markus- California Bankruptcy Attorney - 12/11/2007

Question
QUESTION: I owe Columbia University money for tuition from back in 2002--I was not given any financial aid and was billed directly for the semester I attended--and I need the transcript from Columbia in order to finalize my graduation at my university in California. I am aware that you cannot file BK on student loans, however, this is not a loan, it is a direct debt that was billed to me from Columbia. I cannot graduate until I'm given credit for the units, and without my degree (Architecture) I cannot get a decent paying job. Can bankruptcy help me in this matter or is there another way to deal with this? (I have an enormous amount of debt that I have been unable to pay, which is why I am considering bankruptcy)

ANSWER: It has been a long time since I have researched this issue, but I do believe that if you file bankruptcy, they must release your transcripts even if it is not a dischargeable debt.  I don't have time to research it today, but if you give me a few days and check back with me, I might be able to confirm that.

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QUESTION: Great, I will check back in a couple days. Thank you for looking into that for me.

Answer
Seems like the consensus I'm getting is that MOST bankruptcy courts will find that the withholding of transcripts to be a violation of the automatic stay, even if the debt is non-dischargeable (such as a student loan).  It's not a 100% settled issue, however.  A lot depends on where your case is filed and what case law precedent there is in that jurisdiction.