Charter challenge ?

polyhymnia61, you guys up there are a beacon of hope. I don't know if you know how much your organization means to many of your counterparts down here. I know you face problems from a Canadian perspective just as I do. I know how much the misery of student loan debt affects people on the bottom of the economy.   

Stay together, and win. When you win, you will win for the world.  And if it helps at all, feel free to ask your politicians if they really want to echo the Bush administration's policies (Bush 1 eliminated the statute of limitations.)

Thanks for your kind words. Isn't it a shame that two great countries have making life miserable for student loan defaulters in common. Which is worse? Who cares? How about a competition over the reverse?

One thing a lot of us have had almost nil success in getting into the media is the fact that the US has a system of completely non-government backed student loans, so called alternative loans, that have none of the government loan regulation regarding forebearance and rehabilitations. Yet these loans are protected from bankruptcy just like the government loans. They are based on the (past tense) good credit of the borrower. We can debate until the cows come home on how fair the government based protections are in reality, but think about how bad things are without at least the paper rules. (Well, I guess about as bad as for Canadians from this message board.)

I guess this is the same twisted fact that keeps Canadians from filing bankruptcy for their loans in the U.S.   The U.S. bankruptcy laws applied non-dischargeability to just about any loan if they can find an educational purpose.

O great!

 

With this talk of an election in the air thanks to the sponsorship scandal, I wonder if it will be another excuse to delay the decision even further.

 

 If the government has anchored a lien against your income tax, they will continue to seize those money until you no longer owe the debt.

 If you are suffering from hardhsip, you will not be able to repay the student loan any time in the near or distant future,  and you are able to clearly demonstrate that everything you have done was in good faith, then you have a chance for discharge.

 The challenge is arguing the 10 year limitation period re bankruptcy/section 178. If the decision comes in and they reduce it to 5 years (or any number for that matter), that doesn't mean that student loans will be "automatically" discharged when someone a) files an assignment into insolveny after the fact, and; b) appeals to have the debt discharged by motioning a section 178 after a previous failed bankruptcy.

 Remember, the Crown will opose a discharge, and force an examination to determine the bankrupt's:

 a) true intent (reasons for filing bankruptcy)

 b) financial condition and position

 c) potential to locate employment given the degree of education received

 d) consumer debt level, and if the bankrupt included ONLY student loans

 e) any medical or disability issues that would impinge on one's ability to pay - or hold permanent employment.

 Lastly, if the Crown has confiscated your income tax rebates while you are in default, and still indebted to them, tou will not be able to seek retroactive reimbursment.

 

  

  

 

 

 debtprison,

 I do not need to move "down there" to help you. I can simply do it from "up here". I don't need to be in your locale to help you. I help people and solve crisis for them while they are several thousand miles away.

 It is very convenient for people.

 

 

 

 

Johnny wrote:

Listen to how Hunter has progressed. Talk to Hunter. She is living proof that positive focus, accepting the challenge and not willing to accept defeat, and thew drive to move forward will solve these things.

You are so right John.
When I look back to what my life was like before I knew you, it is scary. I was a basketcase, at work and at home. I was thinking of leaving my job that I love very much. And why, because the collectors would not leave me alone. They called me and harassed me and threatened me at work, I jumped everytime the phone rang and lost it when they asked for me. It was not a happy time in my life at all. I took out my anger on my bf and the dog and that is not right.

As for me filing for bk, had I known Johnny I would not have filed. I only did it out of fear. The trustee told me there was no other hope of getting the harassment stopped. She told me that she would be there to help me and guide me through the process. Funny, when I made the last payment on the $ 1500 she was less than accomodating. She did not return my phone calls,and the info that she told me was wrong. I was looking forward to the credit counselling day, thought I could learn more, but she told me to sign the paper that I had taken it and then I left. What the hell!!!
The day after my discharge the collectors were calling agian. I was about to sign up for a consumer proposal but that was another joke. They lied and lied. Told me it was for three years, when I quit it, the paperwork said 5 and that I would still owe the debt. They told me that only a small portion would go to the debts and they would not tell me what portion they kept. They wanted to control my every penny that I had coming in.

Found this website, by a godsend. Talked to Johnny several times. Sure I was skeptical at first, after being victimized for years, but what the hell did I have to lose. As soon as I gave Johnny authorization to look after the collectors, and they all of a sudden stopped. No more calls, no more threats, no more harassment. Unbelieveable.

Johnny educated me on what they could do and what they could not do. I had no idea. I listened to their threats and believed them all.
In talking to Johnny, I am no longer scared anymore.
I am no longer intimidated.
Johnny gave me my peace of mind and my confidence back.
I pay what I can and that is the best that I can do right now.

And I really admired his personal touch. He would call me and say how are you, he really and truly cared. He did not have to do this, I was impressed.

On one particular day a while back when I was about to call it quits on life, I was really fed up, yup I hit rock bottom, he was there for me. We talked about things, and I truly felt that he gave a damn. And he let me know that I could call him whenever I needed to.

Not once did my trustee ever do this. NOT ONCE!!!!

I am a firm Johnny believer.

I am glad to hear you are doing so well hunter...Good for you

 

 I understand your skepticism. It certainly wouldn't be the first time I have seen this.

 Lawyers do not deal with financial wellness, sustainability, or counseling of this nature. Your traqdional "debt couselors" in the USA are nothing more than "debt poolers", which are the same as those here in Canada riding the coat tails of a non-profit or not-for-profit business banner. These groups are nothing more than effective collection agencies. They do not counsel you like the title of their business says. Rather they take a monthly payment from you, force you to swim in their debt pool, and collect 25% or more of what you pay in and try to tell you that your creditors are the ones paying them for your misery.

 Debt Prison, there is no one around that does exactly what I do. The only ones that can do it are the ones that I train to do it.

 Best of luck. I hope things work out for you down there. Just stay away from lawyers inthis regard. Unless there isa law broken and you can prove it, a lawyer will serve absoutely no purpose to you in reference to student loan problems. The same goes for debt poolers (your credit counselors) down there.

 Johnny