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

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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 10 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.


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