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MissB
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Topic: How To Apply For Hardship in BC? Posted: 23/August/2011 at 3:02pm |
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Discharged Sept 2007, school ended May 2001. I was told by my trustee numerous times while still working through the bankruptcy process that the student loans would be discharged along with everything else. I found out after - even after assuring me numerous times - they weren't. When I started getting collection agency calls again, I called my trustee. They suddenly denied saying anything of the sort and have refused to take my calls or answer my emails since. Was told they don't deal with these kinds of situations, even though I was also told that anything I may have missed in my bankruptcy, they could "add" at a later date for a nominal fee.
I currently pay $80/month toward the debt and have for some time now. Collection agency wouldn't stop calling, and frankly I can't even afford the $80, but I felt like I had no other choice. They wouldn't accept a smaller amount.
As an aside, I initially used the interest relief program so I didn't pay back my student loans for a long time. Then, one day, RBC didn't get my forms (even though I dropped them off to a teller in the bank). That's when my problems started and the interest racked up. Anyway. I'm now paying back probably three times what I initially borrowed. Just a heads up for those of you who don't take advantage of interest relief - do it.
I'm a single parent with two kids, self employed, and make around $20,000 a year (net). I've spoken to a lawyer in Victoria who said she'd take me on as a client, but the cost was 1/2 of my yearly income plus incidentals. She also said she'd charge me her hourly rate for one hour, and walk me through the paperwork so I could do it myself - but it's 3-4hr trip from my home to her place of work - with kids I just can't figure out how to do it. I'm willing to go through this hardship application process myself, but need some guidance in the right direction as to where to start.
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SolveStudentDebt
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Joined: 05/November/2003
Location: Canada
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Posted: 25/August/2011 at 4:01am |
This is a very common thing concerning bankruptcy trustees and their selling pitched to get people to enroll.
If you want to appeal a motion for discharge yourself all you have to do is contact the bankruptcy court in your area and request a do-it-yourself information package. They all have them. If they say they don't then they are not being truthful with you. The bureaucrats look out for the lawyers and trustees, remember.
The other waty to do this is file a demonstration of ahrdship to the student loan providers and seek benefits that way.
Johnny
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Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting. solvestudentdebt.com
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MissB
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Joined: 23/August/2011
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Posted: 25/August/2011 at 10:05am |
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Thanks for your reply Johnny. So the fact that I'm 10+ years past my last day of schooling doesn't apply to anything anymore? I thought it did, but maybe that's old legislation.
I'll call the bankruptcy court in Vancouver today and get the package. Thank you.
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MissB
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Posted: 25/August/2011 at 10:43am |
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Made the call to the Superintendency of Bankruptcy here, who then
transferred me, and transferred me again, etc. 6 people later, I think I
may have the right person, although no one knew anything about any
forms they could send me. One person told me I could pick them up at the
courthouse, but of course I live 3-4hrs away from any bankruptcy court
in my province.
This process has been so convoluted, I'm seriously considering posting
how I went through it so that others can benefit. :) Wish me luck, and
thanks again for your help.
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SolveStudentDebt
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Posted: 26/August/2011 at 7:05am |
In other provinces they will mail it to you. They will ask you for your bankruptcy file (estate) number and once they see youa re a prior bankrupt they pretty much have to give it to you. It is their repsonsibility to do so. However, we all know how the Canadian justice system "works around" their own responsibility and accountability.
Kepp pressing. If you run into any obstacles in putting things together you can contact me privately for that sort of help.
Good luck to you and I hope that you get this worked out!
Johnny
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Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting. solvestudentdebt.com
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MissB
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Posted: 26/August/2011 at 10:30am |
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Someone from Court Services called me back today and gave me a URL: http://supremecourtbc.ca/sites/default/files/web/Discharge%20from%20Bankruptcy%20v3.pdf
... which, she said, would help me discharge myself from bankruptcy. The thing is, I'm already discharged (was in 2007), so I need to go through the process again to get rid of the student loans? I'm confused.
As well, the woman who left me the message said I should call the Superintendent of Bankruptcy - odd, considering they are the ones who referred me to her. I'll call them again however and see what they have to say.
And finally, she said my file was with a totally different court than the one I applied at (I went through bankruptcy in Kelowna, BC but my paperwork and thus where I have to apply for this discharge is in Nelson, BC). This is quite the distance from my home (12+hrs drive); so I need to make plans to get to that courthouse to deal with this?
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SolveStudentDebt
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Posted: 27/August/2011 at 1:21pm |
You should contact the one int he jurisdiction you filed and see what they have to say. You shouldn't have to file another bankruptcy assignment. You should be able to submit the appeal to discharge the student loans to them. In my opinion, you should also be able to file it anywhere as well because bankruptcy is a federal program.
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Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting. solvestudentdebt.com
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isilmuth
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Joined: 25/September/2011
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Posted: 25/September/2011 at 1:22pm |
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Any updates on getting this discharged?
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MissB
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Posted: 25/September/2011 at 3:43pm |
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I've talked to a pro bono lawyer but the process is taking a while. After looking at the hoops I was asked to jump through just to get the necessary information, I decided it might be easier to see if I could get some sort of legal support through the process. Although people have been helpful, its been a lot of running around with everyone telling me to go to one organization, and them telling me that it's someone else I have to talk to.
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SolveStudentDebt
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Posted: 26/September/2011 at 3:04pm |
If you want people to help you for free then you have to follow what they tell you. Otherwise, you hire the individual to assist you. The problem is time. It costs money. I used to do a lot of pro bono work but because people abused it so badly I ceased doing it.
All you have to do is demonstrate your hardship and extenuating circumstances that illustrates your inability to contribute. Organize your data and ask the pro bono lawyer to organize it to the standards that the court requires. What any professional who specializes in the area of intervention and medfiation will do is do analysis and provide the navigation and advisory service that will help you get through it. This is one service that we provide, and it does not require a lawyer.
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Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting. solvestudentdebt.com
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isilmuth
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Posted: 26/September/2011 at 3:57pm |
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Johnny, How many times can a lender sell back portions of your student loan? If you default and it is a risk shared loan pre 2000 and post 1995 and the bank sells back a portion to the government and you pay it can the bank sell another portion to the government again?
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SolveStudentDebt
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Posted: 26/September/2011 at 5:15pm |
Only once. What you are describing is a CSL2 or "Put Back". The federal government has an arrangement with the banks in the first generation loans whereas they agree to buy back a very small percentage of the amount of loss that occurs for a low amount per loan. THe government then collects on 100% of that loan.
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Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting. solvestudentdebt.com
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