From: by way of Lynn Davis
Date: Wed Dec 13 2000 - 15:23:51 EST
Pat:
I am not a final authority on this. In some cases there may be differences
between State mandates. I have seen many court cases regarding the issue
of granting or denying transcripts *during* a bankrukptcy case (after
filing, before discharge) In all cases the denial of a transcript is seen
by the courts as a violation of automatic stay. Therefore, our position is
that we will grant an official transcript request during bankruptcy when
requested.
But wait, there's more:
I'm looking at a letter from a Law Office in (the pacific northwest) dated
September 1993. Among other things it addresses the dischargability of a
"student loan" under 11 U.S.C. 523 (a) (8) wherein the
"burden is on the debtor to bring a complaint to determine dischargability.
Until that determination is made, the debt is presumed to be
non-dischargeable and the automatic stay still applies during the pendency
of the bankruptcy proceeding. Once the determination is made as to
non-dischargeability, the automatic stay does not apply to prevent acts to
collect the non-discharged debt. See, In re Watson, 78 B.R. 232 (9th Cir.
Bap. 1987)."
"Consequently, the University is stayed from withholding transcripts during
the pendency of any bankruptcy proceeding until that case is closed,
dismissed, or there has been a determination as to non-dischargability of
the student loan. Once a determination has been made that the loan is not
dischargeable, the University can proceed with actions to collect the debt,
including withholding of transcripts."
As we all know today, 11 USC 523 (a)(8) was amended under P.L. 105-244
effective after October 1, 1998 "for an educational benefit overpayment or
loan made, insured or guaranteed by a governmental unit, or made under any
program funded in whole or in part by a governmental unit or non-profit
institution, or for an obligation to repay funds received as an educational
benefit, scholarship or stipend unless excepting such debt from discharge
under this paragraph will impose an undue hardship on the debtor and the
debtor's dependents."
If I am not mistaken, in order to determine dischargability, one must file
a timely request for a determination of dischargeability, probably through
an attorney. We have never filed such a request so I am not familiar with
it or the procedure. If anyone has filed such a request and would like to
share their experience with us, please feel free to do so.
Hunt
--On Wed, Dec 13, 2000 12:02 PM -0500 Patricia Swartz
<pats@colonel.csc.wilkes.edu> wrote:
> Hunt -
>
> My understanding is that we can give an unofficial transcript, but are not
> required to give an official one. Is that correct?
>
> Pat Swartz
>
> ***
> Patricia Swartz, Loan Correspondent
> Wilkes University
> Wilkes Barre, PA 18766
> pats@colonel.csc.wilkes.edu
> ***
>
>
> At 03:38 PM 12/12/00 -0500, you wrote:
> >Walter:
> >
> >One restriction is in reference to students who have filed for relief
> under >Chapter 7 or 13 Bankruptcy laws. It is my understanding private
> >institutions cannot deny a transcript after the student has filed for
> >bankruptcy and before the case has been dismissed or discharged. >
> >Otherwise, denial of a transcript for delinquent accounts is one of our
> >better collection tools.
> >
> >Hunt
> >
> >--On Mon, Dec 11, 2000 7:30 PM -0500 Walter Froese
> <froesewr@whitman.edu> >wrote:
> >
> > > Seasons greetings
> > >
> > > I was just wondering whether anyone knows of any legal restrictions
> > > (federal or Washington State) against withholding transcripts for
> > > non-payment of student accounts.
> > >
> > > Thanks
> > > Walter Froese, Controller
> > > Whitman College
> > >
> > >
> > > >>> "by way of Lynn Davis <lsa3h@l1.mail.virginia.edu>"
> > > <jtudryn@baypath.edu> 12/09 2:29 PM >>>
> > >
> > > I am relatively new in the Bursar position and noted that a Bursar's
> > > Association conference was held at Babson College. Could you
> provide me > > with information on how to become a member of the
> Bursar's Association and > > any other related organizations?
> > >
> > > Thank you for your assistance.
> > >
> > > Jon Tudryn
> > > Bursar
> > > Bay Path College
> > > Longmeadow, MA 01106
> > > (413) 565-1256
> > >
> > >
> > >
> > >
> > >
> > >
> > > Michelle Cumming <mcumming@berklee.edu> on 12/07/2000 10:08:55 AM
> > >
> > > To: bursar-l@virginia.edu
> > > cc:
> > >
> > > Subject: ECSI - payment plans
> > >
> > >
> > > Some of you who were at the Bursar's Association conference at
> Babson on > > Friday requested this information.
> > >
> > > We use ECSI as our Perkins Loan servicer and we saw a demo of their
> > > payment plan options. The way their service works is they charge
> $15 per > > payment plan (I am not sure of the charge if you do not
> utilize them as a > > loan servicer) and they do all of the billing and
> collecting for you. > > They send you the funds collected daily. The
> database of payment plans > > also "lives" on your computer and you can
> update/cancel payment plans in > > seconds. They do a daily/weekly
> update to keep their records current > > with your records. They also
> can take a student's balance and subtract > > their financial aid to
> come up with what the payment plan should be. > >
> > > If you would like more information you may contact Jim McDonald at
> > > 412-788-3900.
> > >
> > > HTH
> > > Michelle Cumming
> > > Assistant Bursar
> > > Berklee College of Music
> > > mcumming@berklee.edu
> > >
> >
> >
> >
> >Hunt M. Compton Phone 503-434-2455
> >Staff Accountant Fax 503-434-2630
> >Linfield College email hcompto@linfield.edu
> >900 SE Baker WWW: http://www.linfield.edu/
> >McMinnville, OR 97128
> >
> >
>
Hunt M. Compton Phone 503-434-2455
Staff Accountant Fax 503-434-2630
Linfield College email hcompto@linfield.edu
900 SE Baker WWW: http://www.linfield.edu/
McMinnville, OR 97128
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