Bankruptcy and Proposal Info and Issues - 5-Year Hardship Provision

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5-Year Hardship Provision

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=7404
Printed Date: 26/March/2026 at 8:48pm
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Topic: 5-Year Hardship Provision

Posted By: edwards
Subject: 5-Year Hardship Provision
Date Posted: 19/June/2019 at 8:53pm

I am thinking to apply to court to try to discharge my student loan in the bankruptcy I filled a couple of years ago.

Is there any way I may consult court files from past years on this matter? It would help me to prepare my case and make a clear idea about what chances I may have.

Replies:

Posted By: SolveStudentDebt
Date Posted: 20/June/2019 at 12:19am

What you need to consider here is how the court and registrar/judge is going to "see" things and rule based on what he/she determines your intention and severity of financial hardship.

Filing a motion for a section 178 is something that needs to be prepared for.

Some basic advice: Don't go into such a motion unless you are confident that the judge will see that your intentions and actions, past and current, are all measured as being in good faith. You have one shot at this and the impression you make has to be a good one.

If you want advice, analysis, and framework you should consult with me or someone with this experience so that you can approach the court prepared in all ways. Costs are not high for this work at all. Law firms will charge you thousands for something that can be done for hundreds really.

Hope this helps!

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

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