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Bankruptcy Court New Jersey infomations.Q. Let's get a lively discussion on this one! This is based on New Jersey law but if anyone can point to Federal citations/statutes for me to examine it would be greatly appreciated! SCENARIO My fiancee attended Ramapo college for two semesters. On her third semester, she didn't qualify for financial aid, so she had to pay tuition out of her pocket [important distinction]. She became ill and could not attend, so she withdrew during the 50% refund period. Being ill, she could not work to pay any of her bills, so she wound up filing for no nonexempt (no asset) Ch. 7 bankruptcy. She got her unsecured debt charged off and is currently paying off her secured loans (student loan and vehicle). She now wants to start anew. She plans on going to Bergen County College and earn an associates degree. So she calls Ramapo College to get her transcripts transferred over to her new school, but Ramapo refused. They claim the tuition is still owed despite her filing Ch. 7 no-asset bankruptcy becuase the college was not listed in the original Proof of Claim. QUESTION 1 Does a state-college reserve the right to withhold transcripts after the FACTS: FACTS - what is owed is NOT an educational loan but rather a past-due account (tuition she paid out-of-pocket) - a no non-exempt (no asset) Chapter 7 bankruptcy was executed, discharging all unsecured debt - although the school was not originally listed as a creditor on the Chapter 7 Proof of Claims, it doesn't HAVE to be listed now because this is a no-asset case. 9th Circuit Court of Appeals states that it's not necessary to reopen the case if the debt would have been discharged anyway if it had been listed in the original filing. So, if the past-due account is not an educational LOAN [11 U.S.C 523(a)(8)] and if we filed a no-asset Chapter 7 bankruptcy [all property was exempt pursuant to 11 U.S.C. 522] and if the no-asset Chapter 7 doesn't require us to reopen the case to list Ramapo State College since the account would be discharged anyhow, then here's the next question: QUESTION 2 Why is Ramapo State College threatening us with withholding the college transcripts despite the FACTS? Isn't this a form of discrimination after the discharge? The head of the Collections Department has continously denied us her college transcripts. He is now in discussion with the Attorney General to see if our FACTS can discharge the past-due account, but continues to infer that there are rules and regulations that can still prevent us from getting her transcripts . QUESTION 3 Pray tell, what other possible rule/regulation federally or otherwise can prevent us from getting her trancsripts DESPITE THE FACTS?! I would love to read that statute/citation. Again, I'm not a lawyer, I just do research. I KNOW this is not an educational loan, and I KNOW this is a no-asset case. Please let me know what reasons a state-college has that can still prevent us from obtaining her college transcripts. A. - In bankruptcy, decisions from all jurisdictions can be taken into consideration. The binding ones, of course, are those issued by the local bankruptcy court. -Discrimination isn't solely the usual sex gender religion etc; there's a larger sco
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