Re: Question About "School FEES"

Posted by JR (152.163.189.170) on April 23, 2003 at 14:18:06:

In Reply to: Question About "School FEES" posted by Linda O. on April 23, 2003 at 13:22:36:

National Consumer Law Center on Student Loan Law:

"While the exception to discharge applies to loans by state agencies and nonprofit oganizations, loans made by for-profit institutions may be discharged. The restriction on dischargeability also applies to educational benefit overpayments (such as Pell grant overpaynments) and obligations to repay funds received as educational benefits, scholarships or stipends. The restriction on dischargeability should also apply in the same way to consolidation loans. HOWEVER, IT DOES NOT APPLY TO A STUDENT'S NONPAYMENT OF TUITION OR ROOM AND BOARD, WHERE THE CHARGES ARE NOT INCURRED AS AN EXTENSION OF CREDIT OR UNDER AN APPROPRIATE PROGRAM." (empahsis added)

Refer to: Cazenovia College v. Renshaw, 222 F.3d 82 (2d Cir. 2000)

It can only seem reasonable that if unpaid tuition can be discharged, then, parking fees and fines should be also.

Speak to the Dean and refer him/her to the Cazenovia case. Remind him, politely and respectfully, that you have followed the law as provided by federal bankruptcy laws and you should not be penalized for asserting your right to declare bankruptcy.

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