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hardship

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kp View Drop Down
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    Posted: 27/January/2010 at 6:49am
Hi all i am new... Can some one tell me where i can get the

“hardship” application to have student loan debt or obligation discharged (BIA , s. 178(1.1 form

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Iknowalotofstuff View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Iknowalotofstuff Quote  Post ReplyReply Direct Link To This Post Posted: 27/January/2010 at 9:41am
It depends if you intend to do it yourself or if you want someone to do it for you.

What province are you in?
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Iknowalotofstuff View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Iknowalotofstuff Quote  Post ReplyReply Direct Link To This Post Posted: 27/January/2010 at 11:31am
There is no specific application form.  There may be an information package provided by he Court in where your bankruptcy occurred.  However, it is my understanding that they cannot give legal advice or tell you what to put in your application.  

If you ask the administrator to give you my direct contact information, I can assist you with your application.  This would include how to file the application / motion; your affidavit in support of the motion; supporting material; an analysis of your situation and case law (approximately 140 pages). The cost of filing the application is $10.00 for a summary administration bankruptcy or a consumer proposal.  While I charge a fee for my services, it is negotiable based on the complexity of the case. My "batting average" on these applications is about .998 with the majority being on consent.

I will explain what constitutes good faith and current / ongoing financial hardship and how you prove these to the satisfaction of the student loan creditors.

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kp View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kp Quote  Post ReplyReply Direct Link To This Post Posted: 27/January/2010 at 2:26pm
i am nfld.  Well I thought I had to do it myself....I have been discharged from my bankcruptcy since dec 2008...... Thank you for resonding
 
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Iknowalotofstuff View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Iknowalotofstuff Quote  Post ReplyReply Direct Link To This Post Posted: 27/January/2010 at 5:27pm
I have two questions for you?  
1.What was your end of study date (last day of last month of last semester you attended school). You student loan creditors can give you this date. 

2.  What was the date of your bankruptcy?

From your discharge date, I assume that you went bankrupt prior to March 2008.  Your trustee would have told you that you had to be out of school for 10 years before your student loans were subject to discharge.  He told you that upon his discharge your student loans would be revived and when the 10 years were up, you could apply to have the loans included in that bankruptcy.  So you patiently wait for the 10 years to expire.

On July 7, 2008, the Bankruptcy and Insolvency Act was amended.  It allowed any discharged bankrupt or maker of a successful consumer proposal who was out of school for 5 years eligible to seek "hardship" relief.  Some people who were out of school for 7 years but not 10 and were discharged after July 7, 2008 suddently found that their discharge now covered their student .  So if you were out of school for 7 years at the date of bankruptcy and because your discharge date was after JUly 7, 2008 (December 2008), you student loans would already be subject to discharge.

If you were not out of school for 7 years, you could apply for hardship relief provided that you could establish good faith and current / ongoing and the courts order would render your student loans subject to your December 2008 discharge.

Contact the site administrator and ask that he direct a personal email to me and I will answer any of your specific questions about this process.  In the alternative, the local bankruptcy court may have information that  would allow you to make your own application. 
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kennerman View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kennerman Quote  Post ReplyReply Direct Link To This Post Posted: 27/January/2010 at 5:52pm
I get the impression the hardship discharges are becoming more possible than they seemed before? I was also wondering, it seems like the end of study date has been more or less clarified to be defined as when someone stopped being supported by student loans?

thanks for your help!
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Johnny View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 27/January/2010 at 6:36pm
There is a package of this information available at the courthouse in St. John's. This will guide you how to do it. It is free. The Registrar of the bankruptcy court has it. I have copies of it also if you want it.
The Canadian Financial Wellness Group (CFWG)

www.cfwgroup.ca
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kennerman View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kennerman Quote  Post ReplyReply Direct Link To This Post Posted: 27/January/2010 at 7:26pm
I actually just started a consumer proposal, which I know you generally advise against, but I did the proper research and felt and still do that it was the right decision. I was just wondering about the hardship process and the clarification of the 7 year rule (restarting the clock etc...) because posts regarding this seem to have become more favorable to the debtor recently. I was just wondering if it was my imagination :) After my consumer proposal I fully intend to pay off my loan in full, but it never hurts to get all the information I can should life not go as planned. Im in school now and that didn't go as planned the first time. Also, thanks so much for the help, i was completely disorganized and lost before discovering this site.
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kennerman View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kennerman Quote  Post ReplyReply Direct Link To This Post Posted: 27/January/2010 at 7:44pm
woooops i thought that was directed at me!
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Iknowalotofstuff View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Iknowalotofstuff Quote  Post ReplyReply Direct Link To This Post Posted: 27/January/2010 at 9:49pm
Kenneman:
The end of study date is defined by the legislation, the Canada Student Loan Act, the Canada Financial Assistance Act and the enactment of any province for the granting or guaranteeing of loans.

Non government funded or guaranteed education does not generally extend the study end date unless in some instances it directly related to funded education.

It is up to you to decide if you want to make the application yourself.  I equate the application process to repairing my car.  There are things I can do myself and there are things that a professional can do or assist with.  Since you can make as many applications for relief as you want, you can have several chances to get it right OR you can get it right the first time.  That is where you have to make the decision.  If you need some help even doing it yourself, contact me.  
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kennerman View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kennerman Quote  Post ReplyReply Direct Link To This Post Posted: 27/January/2010 at 10:55pm
I am not looking to right now, and hopefully I will be in the position not too, I was just looking for some more information, which you have provided. Thank you. If I ever need help I will contact you
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Iknowalotofstuff Quote  Post ReplyReply Direct Link To This Post Posted: 28/January/2010 at 6:05am
Kennerman:
When did you cease to be a full or part time student with respect to your federal and provincial loans?

What was the date of your consumer proposal?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 28/January/2010 at 7:12am
Hey Ken,
 
What type of work do you do? what did you study? What was included in your CP?
 
The Canadian Financial Wellness Group (CFWG)

www.cfwgroup.ca
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kennerman View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kennerman Quote  Post ReplyReply Direct Link To This Post Posted: 28/January/2010 at 9:33am
I am currently involved in a proposal that will take me to about 6 years past my end of study date. I only play on applying for this if I face actual hardship and hopefully it wont be neccesary, I was just fishing for information. Currently I am a student with a menial part time job, in a completely new field, it is going well. The federal portion of my student Loan(well aware it wont be discharged), 2 credit cards, some fees owing to my former school, and some minor debts phone bill etc are all included. Also, I am including a year i attended school part time in the same field of study , as my loans but after losing interest free status (my fault) depending on how this is looked at, it may actually be seven years. Anyway, it is really an issue for another day, I was simply trying to gather some information. You have both been very helpful in understanding this mess!
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kp View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kp Quote  Post ReplyReply Direct Link To This Post Posted: 28/January/2010 at 12:56pm
thanks all fpr your help
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kp View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kp Quote  Post ReplyReply Direct Link To This Post Posted: 28/January/2010 at 12:58pm
i went to school to obtain 1 ABE credot is that still considered a full time student although I was funded through HRLE.........
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kp View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kp Quote  Post ReplyReply Direct Link To This Post Posted: 28/January/2010 at 12:59pm
how do i get the copies
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Iknowalotofstuff Quote  Post ReplyReply Direct Link To This Post Posted: 28/January/2010 at 3:49pm
kennerman:
1.  If the time you were in school (provided there is an interruption) that was not funded by student loans is not used in the calculation of the end of study date.  (which it is not)
2.  If you have ceased to be a full or part time student for 7 years as you indicate 
3.  If your proposal ends after July 7, 2008
Your student loans will be discharged by your propoal

I suggest you call your student loan creditors and get your "real" end of study date.  If it is more than seven years from the date of your consumer propoal, the student loans will be discharged when the proposal is completed.  No court order required.

Let us know? 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Ruby Quote  Post ReplyReply Direct Link To This Post Posted: 28/January/2010 at 4:32pm
I also need some help applying for the hardship  I can't find anyone to help me  I live in Alberta
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kennerman Quote  Post ReplyReply Direct Link To This Post Posted: 28/January/2010 at 5:01pm
It won't be 7 years unfortunetly. 5.5 or 6.5, depending on how that one grey area year will be counted. I am optimisitic because, I was no longer interest free that year. Anyway I will see if I can find this out but if they give me the run around, I am going to leave it for another day, since I am busy with school, and the issue is still more than 2 years away from even being a factor, but I know full well that I will need a court order to get them discharged. I also do not have a problem paying them as I did borrow the money. I strategized my consumer proposal to come off my credit report after I finished my master's in 6 years. I screwed up my first chance at post secondary education, being 19 and dumb and am lucky enough to have another shot thanks to a supportive family! I will let you know how my situation plays out though. Thanks.
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