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South,
You can contact a trustee if you want. It is your choice.
You wrote:
"Johnny, my question is...why? I can produce tons of info showing financial hardship (bank statements, income tax returns etc. etc.) I have no assets or personal possessions worth anything, and my credit cards are near bottomed out. In order to satisfy the requirements laid out by THC (now Alliance) I would need an EXTREMELY high paying and stable job. That prospect is not forthcoming."
Here are the problems:
1. Anyone can produce tons of information showing hardship. Things always look worse on paper.
2. What is your bank statement going to show them? That you have absoutely no money in savings? In that case, nearly 70% of Canadian citizens who owe student loans might as well go bankrupt.
3. No assets and maxed out credit cards is another common problem that people suffer from. This problem is as common as the Flu. It is not a rare affliction like Ebola.
4. Another common problem among people who owe student loans is the fact that the demands outweigh the means. It would take a much higher paying job for virtually anyone who owes student loans to meet the demand.
Now, what type of hardship are they looking for that will discharge you from the debt(s)?
The bankrupt would have to demonstrate hardship that proves that he or she can not pay now - or at any time in the future. TO demonstrate that you cannot pay in the future, you would be:
a) Physically disabled
b) Mentally disabled (institutionalized or on permanent disability with a psychiatric profile of the condition or disease)
c) unemployable due to whichever reasons (you would outline these extenuating circumstances and authenticate them)
d) Elderly and unable to cope
These are some of the areas looked at.
Also, they will look at your reason for filing bankruptcy. They will examine:
1) Does the bankrupt owe consumer debt - and how much?
2) What activity has the bankrupt done to try to deal with the student loan before filing?
3) Did the bankrupt file for bankruptcy just because of student loans?
4) Did the bankrupt make the assignment in good faith?
etc, etc,etc.
Lastly, you wrote:
"So if I declare personal bankruptcy will I be guaranteed that ALL debts will be wiped clean?"
Who knows? No one is going to be able to answer that for you. You will know on the day your discharge hearing is scheduled. If the bankruptcy trustee tells you that you will be discharged before you sign on that dotted line, get it in writing. That way, you can hold them accountable for any wrong-doing and potential malfeasance.
MANY people in Canada have taken that dive only to find out that they spent $1500.00 (or more) for absolutely nothing. The reality is that the bankruptcy industry does whatever they can to sell you into the programs. It is not like many of these people have taken the dive intentionally.
There is a difference between freely jumping and being pushed.
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