Lawyer familiar w/bankruptcy/studentloan

Can anyone recommend a lawyer who is familiar with bankruptcy and student loans.  I filed for bankruptcy in May 1998 and was discharged in Feb. 1999. The limitation period was changed from 2 years to 10 in June 1998. I'm trying to determine whether I fall within the 2 year or 10 year limitation. I last attened school in Dec. 1996. I'm getting different stories from different people and would like to try to get this resolved (if I fall within the 2 year limitation I would like go to court to have the student loan discharged). Any help or thoughts would be greatly appreciated.

Hi mbaker, I think unfortunately poly. is probably right.  I'm actually a third year law student and I'll tell you you'll have a hard time finding any lawyer to take on student loan issues.  Its just not a profitable enterprise.  You could try talking to someone at a Legal Aid clinic near your place of residence or a legal aid clinic at a law school if you live near one...they may not be willing to go to court with you but they might be able to give you some advice.  Good luck.

I second Poly's advice, mbaker!!!!!

Mbaker,

You might consider contacting the same law firm used by Annick Chenier and the Canadian Federation of Students in the bankruptcy charter challenge. The lawyer's name is Todd Burke and you will be able to find additional information about him and (I think) his ottawa-based firm via a simple google search.

Hi Lugarou, well if I'm ever able to sort out my stupid student loan problems with the CIBC so I can increase my credit line and actually pay off Osgoode and graduate...I do plan to do social justice work. I'm actually hoping to article at a community legal aid clinic near my home.   Poverty law and social injustices have been my focus throughout law school.  Actually you'd be surprised there are a number of us in law school who went there to actually try to make the world a better place.  Unfortunately due to the incredibly high cost of law school many students coming out are forced to take corporate jobs just to pay of their debt.  BUt I really don't care debt or not I went to law school to help the world not make it worse so I'll be poor and in debt for the rest of my life.  Hahahaha, my friends joke and say I'll be the only broke lawyer in Toronto.  Oh well. 

And for the record I would love sue any and all collection agents. Maybe I'll just go on a suing rampage when I finally get my licence to practice. Hahahahahahaha...

Hello Johnny,

sorry for not getting back to you to follow up on your reply email. Situations have become tense for me over the last half week. Thankfully nothing to do with a collection agent but it did involve reformatting my HD and trying to retain data. Considering my line of "work" it is always a frustrating and humbling experience.

Oh, and the reason I haven't contacted you directly is that my wife, who is willing not to divorce me over my student loans does not want me to pursue any course of action without her consent. Seems I've broken a lot of peoples' trust. Anyways, to my SL situation.

I had 4 SLs. 2 Bank shark ones, and 2 government ones. Last year one of the Bank shark ones went into collections with NCO. Totally my fault, I suppose, since the Bank contacted me over the course of 4 months trying to get things on track. Didn't happen and so, long story short, NCO wants their $5k. I run around like a chicken and end up borrowing $4k from my parents to pay them off. By the way, still haven't received a release letter for that one yet.

Fast forward.

Second Bank shark loan gets flipped to NCO end of January. My last payment was late August, no contact from the Bank people is charge of it even though I attempt to on a couple of occasions to get it on PAP. My fault, I thought it was handled in August, didn't check up on them as we were buried in utility bills and the like for quite a while. This second Bank shark loan is for a lot more, over $14k. Oh, I received the NCO letter saying I owed them $16k. When I asked why it was almost $2k more than it was on my last Scotiabank loan statement they said some uncomprehensible goop about daily interest and stuff. Not enough for me to be able to figure it out, anyways. Scared pantsless I gave them permission to duck me $300 as a sign of "good faith". I was going to use that money to catch up interest on the loan but it got flipped to NCO first. Well all around I feel pretty stupid.

Forward to Present.
My last call from "Tanya Rose" was on Friday. Basically got hung up on when I asked for her License number. She knows that all she's going to get this month is $100. She told me I can't pay it to the bank directly but should set up NCO as a bill payment. Really, I don't believe a word she says now, but don't know if she may be right. I think I'm going to request all future correspondence to be by mail. I want hard copy of what is said.

Resultant
I know my credit is shot. I am going to pay off these retarded loans. My wife and family have suffered more than enough for these burdens and are expecting to suffer until we are dead. That bothers me more than the collections agents. The reason I said that I was luckier than most is that we own a home that has increased drastically in value due to our location.  That's our ace. Unfortunately, until we can play that ace I have to "fend" off the collections agents. And then once the loans are paid, make sure they stay away. Too many horror stories of loans paid getting double dipped by these credit vultures.

I hope this makes some sense and I didn't bore everyone to death.

Thanks, kwelmm.

It eats me up daily that my wife sold her hopes and dreams to support me and my Stupid Loans. Even though she tries to be brave and pragmatic about it, I can see the misery and despair that she lives with.

Oh well, enough whimpering.

 

 Don't put your hopes in bankruptcy, and the notion that it will make your problems go away. 

 Examine all of your options first. Believe me, there are ways. You are certainly not alone in this. Most of who are in default are in the same predicament as you in relation to affordability and sustainability.

 If you require assistance let me know. Otherwise, I wish you the best of luck!