Expert: Terry Leeders - 5/9/2007

Question
My husband and I filed bankruptcy pro se and received a discharge last year. We are now involved in an adversary proceeding with a university. The background for this is as follows: My husband worked at this university and as part of his benefits package, he and his family received 90% off tuition. I attended school there and we left a balance owed. We never took out any financial aid/ loans. We always paid straight out of pocket. I am currently trying to be accepted into nursing school and the university my husband worked at is refusing to release my transcript. So we filed this adversarial proceeding and the university answered (also pro se). We answered back, then they replied to that (again pro se). We received an "order striking pleadings and to show cause" from the judge presiding over our case the other day. It was ruled that the university's pleadings be "stricken from the record in this case" because of a local bankruptcy rule 9010(e) (the university is an artificial entity and cannot represent themselves pro se). The judge also said that we must show cause in writing in why this case should not be dismissed for lack of jurisdiction. The problem with the lack of jurisdiction is that we did not realize that we had to re-open the case during the adversary proceeding. Now to my question: Can we re-open the case now, and if we can, what format would our written response be set up? We don't know if we label it, and if so, what? Thank you so much for your insight.

Answer
Generally, you can re-open any case for need. The court charges $255 to do so. I am unclear as to what you are trying to do with the adversary...discharge an educational debt?  If so, that is a tough hurdle to overcome, as the exception to the rule is very narrow.

I have not dealt with representing any universities, so I do not know anything regarding that rule 9010. Also, I don't know where you filed, and which local rules to use!

I would have to read the pleadings, the court reply and know what you are trying to do to help clarify what is going on and what is needed. Sorry. Good luck though.
Terry