Bankruptcy and Proposal Info and Issues - How to apply to court after 10 years

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How to apply to court after 10 years

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Topic: How to apply to court after 10 years

Posted By: Toronto41
Subject: How to apply to court after 10 years
Date Posted: 28/February/2004 at 6:29pm

I was discharged from Bankruptcy in July 2002. In two months (May 04) I will have been out of school for 10 years.

Can someone please tell me how I apply to the court for a hearing to request that my student loan be included in my previous bankruptcy.

After my discharge, the Ontario government sent my outstanding OSL to a collection agency. The government didn't wait until my trustee was discharged. Due to the horrible harrassing phone calls, I borrowed money from my family to pay off my OSL which is far less than my CSL.

Since I paid off my OSL and not my CSL, will this be seen as favouring one creditor so that my CSL will not be erased?

I have not found one person on this site who successfully applied to the court to have his or her student loan added to the bankruptcy upon being out of school 10 years. Is there anyone out there who has been successful in this regard?

I'm nervous because I haven't heard a peep out of the CSL people since my discharge. I am forseeing disaster unless I can have this loan wiped out.

I would like to sincerely thank Mark O'Meara for this site. May happiness be with you always.

Thanks for listening!!

Replies:

Posted By: SolveStudentDebt
Date Posted: 29/February/2004 at 6:45am

If the limitation period expires and you qualify to apply to have your loans discharged as a "prior bankrupt", then you would a) contact the administrator that you originally filed with, or; b) contact the superintendant of bankruptcy in Ottawa for counsel on how to push this motion through.

The decision rests with the ccourts, you see. It really depends on your current financial situation, and previous conditions relating to your bankruptcy. Anyone can apply to have the student loan(s) discharged once they have reached the end of their limitation period. The decision rests with the courts. They may discharge you given the circumstance,s or they may grant a conditional discharge. YOu won;t know until you apply.

Unfortunately, I cannto give you any case history relevent to any individuals having success because I have yet to see one. I am sure that there are cases out there though.

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: hunter
Date Posted: 09/March/2004 at 6:52am

My trustee tells me that this can not be done, she has not even heard of it, even tho I gave her the info from the bankruptcy act, and still she says this can not be done.

She stands by her statement "You will have to file bankrupcy again after the ten year mark".

Some trustees out there are so dumb.

Posted By: SolveStudentDebt
Date Posted: 09/March/2004 at 8:02am

It is written in the act, so therefore it can be done. Unless of course the act is a fiction novel.

I think your bankruptcy administrator is trying to earn some money here by telling you these things. I dunno.

Johnny

Posted By: Toronto41
Date Posted: 13/March/2004 at 3:45am

Thank you Johnny and Hunter for your replies.

I failed to mention in my first post that I did contact the office of the Superintendent of Bankruptcy and the person I spoke to was of no help.

He said that I need a lawyer or to go back to my trustee. He had no other information to tell me, and he said that this is a "new development". He seemed to know nothing, and he was quite rude to me.

When my 10 years are up in May/04, I'll call my trustee. If I find out anything useful, I'll post the info. on this site. In the meantime, if anyone on here knows of anyone who went to court after a bankruptcy and 10 years of study, and was successful in having the loan forgiven, I would LOVE to hear from you.

Thanks.

Posted By: SolveStudentDebt
Date Posted: 13/March/2004 at 7:42am

The bankruptcy administrator would be abe to tell you what you have to do. The Superintendant of bankruptcy should have been able to answer your questions also, but it seems as thought hey just played you off in a sense. If they claimed that this is a "New Development", I have to question the expertise of that particual individual representing the bankruptcy administration.

The sperintendant of bankruptcy's office is the sector that governs all bankruptcy firms. If they tellyou to contact your trustee and they can help you, then they should also be able to as well because they are the head of the household, so to speak.

Johnny

Posted By: 2Laural
Date Posted: 13/March/2004 at 11:05am

You may also want to contact the Court - bankruptcy counter to obtain the information. They should be able to tell you info.

L

Posted By: hunter
Date Posted: 17/March/2004 at 5:29am

I contacted the Superintendent of Bankruptcy and they sent me a form letter of someone who had already done this in court. So it was something to follow.

They also want to know what courses that you took and whether or not you were successful in passing them.
And keep documentation to explain why you were not financially able to pay the loan, like pay stubs, and a budget of where your money went.

You can contact them and ask them for an example of a case. This is what I requested.

I am told that the cost is $ 10.00 for the filing fee, you do not have to pay a trustee or lawyer for the service, but you have to notify the trustee as well as the collection agencies that you are doing this.

You can pretty much do up the paperwork yourself, give enough notice, these hearings are held every week.

Then you have to show up in court, I am not sure if the collectors have to be there, but I am sure that they would want to contest it.

The woman told me in most cases if you can substantiate financial hardship then the loan will be wiped out 100%, if they think that there is no way that you can ever pay it.

But say for example if you graduated and your earnings are expected to get better in the future, then you may be required to pay 50%.

Hope this helps.
I too got the run around asking questions, until I got hostile with them.

Posted By: hunter
Date Posted: 18/March/2004 at 10:44am

Just an update:

I just received a telephone call from the same people, and they tell me that if you have successfully graduated and received a degree, your chances of having your loans discharged even after the ten year mark is very slim.

So at least there is hope for me.