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mcjupto
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Topic: So NOW what? Posted: 05/June/2012 at 1:05pm |
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Well I have $36 000 dollars in student loans. The interest adds up to about $4 a day/everyday in total. I'm currently 36 years old. Criminal record (trying to get pardon), no education, no savings, no retirement savings, no family to help out with payments or living arrangements, and I drive a 10+ year old car(ready to die any day), with 1 bankruptcy under my belt.
If I had to put $2000 into my car for example for a new transmission(my old car is money hole) since I cant buy a new car that $2000 would bankrupt me and I would be living in the car after it was out of the garage....That's how close to living on the streets I'am.
Ive started to become familiar with the notion I will never own a house.....
I currently make $17 dollars an hour and my bills are about $1770 a month with no money going into a emergency or savings/retirement account. Total monthly bills WITH $400 going to savings/emergency/retirement every month total bills would be $2170.00. My gross income is $2700. Net/take home is about $2200-2300. My wages fluctuate all the time, and I have been in and out of work dozens of times over the past decade. EI three times in past three years...
Now my questions are as follows:
Do I get into a 15 year payment plan with all the creditors/student loanies and try to pay them off with what little money I have at the end of the month? And risk defaulting again due to fluctuating financial circumstances? And not put anything away for savings/retirement/emergency/sickdays/etc.
Even if I do pay them off over 15 years will it be worth it? Will my credit be actually good? Will it be good enough in time to qualify for a house? Would I even qualify for a house at 40/45/50 years old, with a history of 1 bankruptcy and 10 years of defaulting on student loans? In other words even if I do pay them off over 15-20 years would I still be up sh*t creek with out a paddle, since my credit is already so messed up?
OR
Do I get into a consumer proposal with them?( would that be less harmful on credit than a second bankruptcy or is it equally as bad?, since I already have 1 bankruptcy). Still very risky due to fluctuating financial circumstances..
OR
Do i just bite the bullet and do a second bankruptcy and get rid of everything and start fresh? And just pay cash for everything like I do now? Does student loan tend to oppose bankruptcies? Should I prepared for them to try to oppose it?
Is $17 dollars and hour too much money to be making in their eyes?
Some advice would be nice.
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administrator
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Joined: 25/January/2003
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Posted: 05/June/2012 at 2:24pm |
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Did you declare bankruptcy after you took out the student loans? Has it been 7 years since you were out of school, or 5 years in the case of hardship? Perhaps you can now get your student loans included in your original bankruptcy if these are both yes....
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Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024
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mcjupto
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Posted: 05/June/2012 at 2:36pm |
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First bankruptcy was discharged in 2006, two years after end of study date. March 2004 is my end of study date. Yes it has been over 7 years. 8 years to be exact. So apparently I cant include them in my previous bankruptcy because it was only 2 years after the end of study date. If it were 7 years after my end of study date it would work.
That is why I'm considering the second bankruptcy. I just don't know if i should just let it sit and compound interest anymore..
If i could just get a job paying $4000 a month or greater i could throw $1000 or more per month at these loans..
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Posted: 05/June/2012 at 2:43pm |
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But it is now 7 years since you were out of school, so I believe you can apply to have the loans discharged under your original bankruptcy without having to declare a second time. There is a special forum on this topic here:
http://canadastudentdebt.ca/forum_topics.asp?FID=89&title=discharging-loans-under-a-previous-bankruptcy-proposal
What province are you in?
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Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024
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mcjupto
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Posted: 05/June/2012 at 3:08pm |
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what a lot of trustees tell me is since my bankruptcy(first one in 2006 discharged) was only initiated and discharged a couple years after my end of study date it disqualifies my from being able to put my current defaulted loans under that bankruptcy. even if they are wrong how do i prove it to them or find out? Large reason for my lack of employment has been due to my past behavior (criminal record) I have been turned down for multiple jobs because of it), now im losing jobs because of credit checks, AND criminal record checks..Courts may not look favorably on this...Court may just see this as my own doing and I should then pay for the rest of my life for it..
I can wait up to 2 years for pardon application to process and even then its not a guarantee. its only for drinking and driving and an assault charge that happened over a decade ago.
Good jobs in Alberta, but not for people who have criminal records(bondable), or who have bad credit.
im in alberta.
but if including current defaulted loans that were taken out from 1999-2004 in a bankruptcy that was discharged in 2006, would be possible that would make the most sense..
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mcjupto
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Posted: 05/June/2012 at 3:23pm |
- The bankrupt has acted in good
faith with respect to their student loan liabilities (ie: made payments
when able, kept in contact with student loans, used the money to pay for
tuition, etc.)
- The bankrupt has and will continue to experience financial hardship and will be unable to repay the student loan
I haven't acted in good faith. Ive had more address that I have fingers. Before I moved to Alberta, I lived a survivalists life, just scraping by, so I made decisions based on needing to survive. Like not updating my address when I moved, because I had no means to pay, so why bother? Give them my phone number just to harass me? Now in my 30's its the first time Ive made a wage more than $11 dollars an hour, and even $17 dollars in Alberta is scraping by.. $25 dollars an hour minimum to start making any substantial payments/headway on loans and still be able to save,survive and get ahead...
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mcjupto
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Posted: 05/June/2012 at 3:50pm |
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like my current job which i just got hired at asked me if its ok to do a criminal record check, i said sure.. so basically its only a matter of time before I get fired/let go again, once they get the results.... then i get to go apply to some soul draining, dead end job that no body wants for $13/14 per hour to slave away, just in desperation for any kind of income, until after a few months i have to quit to save my sanity.. story of my life, rinse and repeat..
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Posted: 05/June/2012 at 5:41pm |
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I dont think the interpretation of good faith means anything other than that you werent trying to avoid paying. Its simple. You couldnt pay.
While it seems very negative at the moment, you need to reverse your thinking and see that there may be some solutions. I know. I've been there. You need to be your own best friend right now and stop spiralling down. One thing at a time...There is help here.
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Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024
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mcjupto
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Posted: 06/June/2012 at 1:34am |
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everything basically hinges on finding a decent job...
a lawyer said to be once. "your problem isn't the loans, your problem is you don't make enough money"
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Posted: 06/June/2012 at 5:06am |
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In this economy it is hard for many people to find a good paying job unless you have some training, and even at that the job security can be an issue. Many people with student loans report that getting a good paying job is difficult. Maybe the lawyer was not correct. Maybe the loans are the problem. If you didn't have them, a lower paying job would allow you to be comfortable.
I admire you for admitting your mistakes and trying to do something about it. Perhaps everything really really hinges on getting rid of the loans.. and then working on your pardon... and then see where live goes from there...
As many studies and papers have shown, under the student loan system, the people who need help the most are denied it. You fall into that category. You obviously need help with these loans but none is available from the govt other than bankruptcy.
Read up on the forum on getting loans discharged under a previous bankruptcy. If you checked into this a few years ago, then maybe the cases that have occurred and ruled on might change some things. If a second bankruptcy is necessary so be it.... it has nothing to do with you.... but with this screwed up system. You obviously need help with these loans.
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Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024
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SolveStudentDebt
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Joined: 05/November/2003
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Posted: 06/June/2012 at 8:46am |
Who exactly is it that you owe, and when were these loans written?
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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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mcjupto
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Posted: 06/June/2012 at 1:41pm |
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Both loans $17680.89
CSL 4 total balance $6246.13 - .65cents. $1900 interest other portion/side $11434.76 - interest $3445.21 - $1.20 day.
Then there are Ontario student loans and/or Canada guaranteed Student Loans? Im not even sure what these ones are called anymore. But they are basically the Ontario loan portions and these ones equal nearly the same amount of the above mentioned loans. So around $17000'ish. I havent called about thse ones because I believe these are handled by NCR or some collection agency. I have no need to contact them, as I have no money to give them.
ONTARIO - claim against refunds 866 427 3655 ACCOUNTS RECOVERY CORPORATION 866 336 7565 student loans CANADA COLLECTIONS SERVICE - were the phone numbers I was given when I called about the CSL4 and other loan.
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mcjupto
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Posted: 06/June/2012 at 1:51pm |
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I believe the first set of student loans were written in 1997-1999? Then there were more loans taken out/written in the early 2000's. My end of study date was march of 2004. So last loan would probably be as early as winter semester 2004.
I owe Federal government, Ontario government and Royal Bank. These were all the players.
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mcjupto
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Posted: 06/June/2012 at 1:56pm |
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So I think there are four sets of loans.
CSL 4 and Canada Student Loans? $17 000'ish and
Ontario Student Loans and Royal Bank Student Loans. $17,000'ish
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SolveStudentDebt
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Posted: 07/June/2012 at 3:16am |
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Dis you borrow before and after the spring of 2000?
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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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mcjupto
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Posted: 07/June/2012 at 12:36pm |
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yes borrowed before and after spring of 2000.
im sure this somehow screws me over in some way I cant even conceive yet.
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mcjupto
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Posted: 07/June/2012 at 12:42pm |
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i didnt mean 4 sets of loans. I mean 2 sets of loans. 4 total, with federal government, Ontario government and royal bank.
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SolveStudentDebt
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Posted: 08/June/2012 at 7:30am |
Alright so you have CSL1, Ontario guaranteed, and RBC risk shared loans (pre 2000) and you have federal direct post 2000 (CSL4). Let's start over here. Outline exactly what your needs are here in point form. Let me see what you are wanting to accomplish.
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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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mcjupto
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Posted: 08/June/2012 at 12:11pm |
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I would just like to deal with these loan in the most appropriate, cost effective manner. Taking into account my personal situation(aka in and out of jobs for over a decade, difficulty in finding work, and general inability to pay, 1 bankruptcy in past, and criminal record, no personal savings or retirement savings pushing 40 years old, and un-reliable transportation, no marketable skills or education.) I want to asses and engage in the most feasible option based on my own personal situation with respect to these loans.
I would LIKE to pay them off so I wouldn't be financially crippled until the end of time, but that just might not be feasible. BUT financially crippling myself is a sacrifice I'm prepared to make if that is the only option. As it stands right now there is probobly over $10000 just in interest on the outstanding balance.
Now my questions are as follows:
Do I get into a 15 year payment
plan with all the creditors/student loanies and try to pay them off with
what little money I have at the end of the month? And risk defaulting
again due to fluctuating financial circumstances? And not put anything
away for savings/retirement/emergency/sickdays/etc.
Try to settle for a lesser amount and agree to a monthly payment plan?
OR
Do
I get into a consumer proposal with them?( would that be less harmful
on credit than a second bankruptcy or is it equally as bad?, since I
already have 1 bankruptcy). Still very risky due to fluctuating
financial circumstances..
OR
Do i just bite the bullet
and do a second bankruptcy and get rid of everything and start fresh?
And just pay cash for everything like I do now? Does student loan tend
to oppose bankruptcies? Should I prepared for them to try to oppose it?
OR
Is it possible to include them into a first bankruptcy(the one I was discharged in 2006)
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SolveStudentDebt
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Posted: 13/June/2012 at 5:15am |
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What province did the loans originate in? When is the last time you wrote to them or made a payment?
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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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