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Pre 10 year rule bankruptcy

Printed From: CanadaStudentDebt.ca
Category: Immediate Attention and Info!
Forum Name: Bankruptcy and Proposal Info and Issues
Forum Description: Get your questions answered about bankruptcy and proposals
URL: https://www.canadastudentdebt.ca/forum_posts.asp?TID=2026
Printed Date: 27/March/2026 at 2:02am
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Topic: Pre 10 year rule bankruptcy
Posted By: wendyj
Subject: Pre 10 year rule bankruptcy
Date Posted: 07/January/2005 at 4:55pm

Here is my problem:

I went bankrupt in 1996 and was discharged in 1997 (January) due to a marital split.  I specifically asked about my student loan and was told by my bankrupcy trustee that I could not exclude my student loan. I last attended school in April 1989.

I am now looking at going back to school to upgrade and get a better job.  When I went on line to consider OSAP I got this message:

"You cannot apply for OSAP because you have defaulted on the Canada portion of you Canada-Ontario Student Loan and/or on a Canada Student Loan (CSL).  You are not eligible for OSAP funding until the default has been cleared. To obtain clearance you must contact the National Student Loans Service Centre (NSLSC) at 1-888-815-4514"

I called this number and they don't have any record under my SIN number.  They said I would have to call back on Monday before 4:30 to speak with someone.

First I am totally confused as to why the internet has a record under my SIN number but not the National Student Loans.  The other thing is why, if this is pre the 10 year rule, it would apply to me at all.  I understood that way back then all these weird rules did not apply and the bankrupcty treated a CSL loan the same as all other debt.  Any help or clarification available?

Thanks in advance, need all the help I can get on this.




Replies:
Posted By: SolveStudentDebt
Date Posted: 08/January/2005 at 4:40am

 

 Wendy,

 You wrote:

 ""You cannot apply for OSAP because you have defaulted on the Canada portion of you Canada-Ontario Student Loan and/or on a Canada Student Loan (CSL).  You are not eligible for OSAP funding until the default has been cleared. To obtain clearance you must contact the National Student Loans Service Centre (NSLSC) at 1-888-815-4514"

 1) If you have outstanding student loans that are active and in collection, you cannot obtain any more student loans until you have either paid them - or met whichever conditions issued by the lending administration that would qualify you once again.

 2) If your debt has been removed from active collection (statute barred), you still cannot obtain any further student funding unless you pay - or agree to pay the old debt.

 3) If an individual filed bankruptcy BEFORE April/1998, and the student loans were discharged BEFORE the ammendment to the BIA was made (April 1998), then this could very well disrupt , or "prejudice" the decision to lend any further money later down the road in the event that it is determined by the lending sector that you may not have acted in good faith. This is possible also.  

 



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Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

http://www.solvestudentdebt.com" rel="nofollow - solvestudentdebt.com


Posted By: wendyj
Date Posted: 08/January/2005 at 4:59am

The bankruptcy was indeed filed before 1998.  How would I find out whether it was determined that I bankrupted in bad faith.  Would I ever have heard anthing about it?  Just as a side note on that, I don't understand why anyone would assume I would do something like this in bad faith.  Separated,  job gone, 4 kids, and trying to live on between $950 and $1150 month with rent at $680, but that is a whole other story.  I actually ended up bankrupting on less that $25,000 as trying to sell a house under separation seems like a losing proposition.

I still don't understand why I was directed to phone the NSLSC when nothing shows up there?



Posted By: SolveStudentDebt
Date Posted: 08/January/2005 at 5:08am

 

 The government views a bankruptcy in different ways. Many cases where bankruptcy has been filed consisted mainly of student loans back inthose days. It was a quick fix that cost the government millions upon millions. This is why the window was closed back in 1998.

 The government would simply review the conditions and circumstances of your bankruptcy- and then draw their conclusion.

 The NSLC is not where you would have to call. I do not know why OSAp told you to call them. You have to call HRDC or Social Development Canda (888-819-2516) and query them about your concerns and findings. Any borrower wqho has or had a student loan is in their database(s).

 Johnny



-------------
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

http://www.solvestudentdebt.com" rel="nofollow - solvestudentdebt.com


Posted By: wendyj
Date Posted: 08/January/2005 at 10:42am

Thanks for the quick replies and the advice!  I really appreciated a site like this to ask these types of questions.

I will take you advice and call HRDC or Social Development Canda (888-819-2516).

Thanks again




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