Collections re: Chap 7 bankruptcy

[Anonymous]

I'm in the middle of planning out a CH 7 filing that I should have done pre-pandemic. Looks to be about $150k CC debt on $50k salary (lot of kicking the can down the road moves that dug a hole that was piled on this year). It will be nice to finally be able to save instead of just paying interest payments every month, which I've been doing for the past year or so. Anyways, I have 2 collections that I'm curious about, as far as if I should pay them off and if they will be included. First one is a debt collector through a university. Basically I owe $7k for the final year of school, and it is with a collection agency now. Problem is, I don't ever get my diploma if I don't pay that off. I know part of CH 7 is you can't give preferential treatment to debts, but my field requires proof of grades for most jobs and I can't even get an unofficial transcript without paying this off. Second is a collection with a cable company from years ago. I'm assuming this does get added correct? Will it mess with any dates, since the original debt is 6 years old. The reason for the debt was that Time Warner didn't properly remove my name from an account, and the people still living at the address never returned the cable box.

[Anonymous]

Following, not sure on the answer on the first situation, but on the second, I would advise both collection agencies that you have filed and give them your case number. I owed money to a college before filing and it was sent to collections, to which I gave them the info and they wiped it clean. You might also look into filing an amendment to ensure both of those collectors are also listed so that way you have the courts protection, and they would usually also become notified either electronically or by mail/fax of your filing for them to update their records.

[DebtStinks]

The first part with the school is the only tricky one IMO. This is just my 2 cents, so consult your attorney/attorney-to-be for further advice. I'd lean toward not paying anything if you're filing soon since it could be considered preferential creditor treatment. I'd be leaning toward (after filing and discharge) contacting them and offering to pay a small amount (willingly, as most are extremely cautious taking money on a discharged debt) in exchange for releasing your transcript.

On a side note, how have you got by without the transcript/grades up to this point?

Best of luck!

[Anonymous]

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@DebtStinks wrote:

The first part with the school is the only tricky one IMO. This is just my 2 cents, so consult your attorney/attorney-to-be for further advice. I'd lean toward not paying anything if you're filing soon since it could be considered preferential creditor treatment. I'd be leaning toward (after filing and discharge) contacting them and offering to pay a small amount (willingly, as most are extremely cautious taking money on a discharged debt) in exchange for releasing your transcript.

On a side note, how have you got by without the transcript/grades up to this point?

Best of luck!

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I was working at my current employer when I finished, and they ended up promoting me to a different department contingent on graduating. I guess I got lucky that they took my word and didn't ask for a transcript or diploma. Problem is, there's no possibility of moving up, and I can't do anything that requires a transcript outside of my current job (i.e. applying for new jobs, taking certification tests). I definitely plan on bringing up the school stuff but yeah, funds will be tight no matter what. I have a feeling my income ($60k in PA) is going to push me into Ch 13, and make a mess. Probably should have filed when my employer slashed all our hours

[DebtStinks]

I'd just consult a local attorney. I personally don't think 60k/year in PA is or should be too much to qualify for CH7. Most attorneys offer a free initial consultation...my guess is you'd have a really good idea whether or not you can file with your income after speaking to an attorney for 5-10 minutes.

Best of luck!

[pizza1]

Still consult with your BK attorney, but this may be helpful. Scroll all the way to the BK section in the article. 

https://finaid.org/educators/withholdingtranscripts/

[Anonymous]

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@pizza1 wrote:

Still consult with your BK attorney, but this may be helpful. Scroll all the way to the BK section in the article. 

https://finaid.org/educators/withholdingtranscripts/

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It's funny you mentioned that link because 1) I stumbled upon it the other day and 2) my school is listed on there as one that was able to deny transcripts because of breach of contract (although that was related to a Perkins loan probably and not a direct collections effort by the school).

Pennyslvania must have some interesting attornies because I've been given advice to leave my job, have $0 income to be able to pass the means test, and then also to try to negotiate a payment plan to free up the transcripts, which I thought would be considered preferential treatment. The more attornies I ask the more confused I get.

[Anonymous]

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@DebtStinks wrote:

I'd just consult a local attorney. I personally don't think 60k/year in PA is or should be too much to qualify for CH7. Most attorneys offer a free initial consultation...my guess is you'd have a really good idea whether or not you can file with your income after speaking to an attorney for 5-10 minutes.

Best of luck!

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Unfortunately I am over ($62k vs $57k) and the only options are working less (or becoming unemployed) or Ch 13.

[DebtStinks]

@Anonymous Have you done the means test? If so, and still can't pass that way, have you considered reducing your 6-month income average to qualify for CH7?

Best of luck!