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ERIC Number: ED282484
Record Type: Non-Journal
Publication Date: 1986-Jul
Pages: 8
Abstractor: N/A
ISBN: N/A
ISSN: N/A
EISSN: N/A
The Permissibility of Withholding Transcripts under the Bankruptcy Law. NACUA Publication Series.
Tanaka, Paul
Provisions of the U.S. Bankruptcy Code that affect the right of colleges to withhold transcripts as a means of collecting student debts are considered. Automatic stay provisions state that the filing of a petition for bankruptcy relief prohibits actions to collect obligations of the debtor. The discharge injunction provides that once a discharge of debts has been granted, further actions to collect are barred. In addition, antidiscrimination clauses prevent public entities, and, in some respects, private entities from denying various privileges to persons seeking bankruptcy protection. Three rules to follow are cited: (1) Do not withhold a transcript during the pendency of a bankruptcy action without acquiring relief from the stay. (2) If a discharge of all debts has been granted to the debtor, schools should not deny access to, or orders of, transcripts. (3) It is permissible to deny transcripts where the case is no longer pending before the court and educational debts were not discharged, especially if the underlying obligation is a student loan. (SW)
National Association of College and University Attorneys, One Dupont Circle, NW, Suite 620, Washington, DC 20036 ($3.50, prepaid).
Publication Type: Opinion Papers
Education Level: N/A
Audience: Administrators; Policymakers; Practitioners
Language: English
Sponsor: Ford Foundation, New York, NY.
Authoring Institution: National Association of Coll. and Univ. Attorneys, Washington, DC.
Grant or Contract Numbers: N/A