Can I get a refund from a school that went bankrupt before I finished my degree?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I get a refund from a school that went bankrupt before I finished my degree?

I enrolled in a college in 01/08 for a Bachelor’s, Master’s and a Iridology certificate program. I paid in full. So far, I have only completed 2 classes due to difficult times in the last 2 years. In 07/10, the school announced it was closing. I am nowhere near finishing my degrees. How can I get a partial or full refund for the classes/programs that I did not take? The school is only giving until 01/11 to finish and still graduate, but I cannot cram a BS, MS, and Iridology Certificate in that time. I paid in full almost $12,000.

Asked on August 25, 2010 under Bankruptcy Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Your only recourse may be to sue for breach of contract. (First check all agreement, contracts, etc. to see what rights you do have to getting the education you paid for--for example, if the agreement with the school says that giving students notice and an opportunity to finish is good enough, it may well be, legally, good enough; contract terms are enforceable.)

Assuming you can sue for breach of contract, if there's no one to sue, there's no recovery. For example, if the school is a corporation or LLC and is being closed and dissolved, you may not have anyone to recover from.

You should speak with an attorney as soon as possible. If you do have a case and are going to be able to sue them, you would be in a MUCH better position doing so while they are still in operationn than after they close down. The lawyer can evaluate the situation and your agreement(s) withe school and let you know what your best options are. Good luci.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption