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Applying under Undue Hardship, Need advice

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Justdone View Drop Down
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Joined: 12/December/2017
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    Posted: 12/December/2017 at 6:03am
As the title states, I am filing a claim to have my loans discharged because of undue hardship.  I have already gone through Bankruptcy, completed in 2013-14, have been out of school since 2008.

I have letters and paperwork to substantiate the claims in the following deposition I just need some expert advice in what I am missing or need to edit.

To Whom it may concern:

Over the past ten years post-graduation I have been unable to make the necessary payments needed to eliminate my debts under both the National and Provincial Student Loan programs.  The following correspondence will detail all of the reasons why I am now applying for discharge under the Hardship provision act.

In 2007 I was in my final year at ####### University, working to complete an English Major.  I became pregnant with my first child.  ####### was born on March 19, 2007 with Spina Bifida Myelomeningocele, a severe neural tube defect associated with paralysis, bladder and bowel dysfunction, Hydrocephalous, and on-going orthopedic complications.  At the time we were unsure of how extensive the prognosis was, and what sort of care it would involve. ##### requires intermittent catheterization four times per day, physio exercises, and bowel care.  He uses a wheelchair as his main mode of transportation.  He requires custom leg braces to be replaced as he grows.  Direct Family Support covers respite, transportation to his appointments, and supplies needed such as: enemas, catheters, pullups, wipes, gloves, pads, lubricant, and medications. 

At one point I brought up Shriner assistance, and his father refused to allow it, over the past ten years I have independently fundraised for assistance in equipment costs for my son.  His father states that he pays into a health plan and this is all the help he will give. It was also later confirmed that as a Shriners kid, ##### would lose DFS support.  Shriners does not provide funding for his medical health issues, i.e., supplies, medications, respite.

Letters were drawn up by his Neurosurgeon, Family Dr. and Early Intervention detailing his complex needs and explaining why I would be unable to achieve full-time work to repay and maintain financial obligations.  I filled several communications detailing expenses and why repaying was not an option for myself, which returning to work would not be a feasible option until my son was further independent. ##### attends school for 4.5 hours per day (arriving home at 1:20pm daily).  On top of his physical disabilities, ##### has Non Verbal Learning Disorder (http://nvld.org/non-verbal-learning-disabilities/), and fine motor complications.

In July of 2008 #### was born, and has been diagnosed with ADHD and a Learning Disability.  He requires extra parental support as well.  

 During the first 3-4 years of my children’s lives I was occupied with ##### medical needs, shunt malfunctions, orthopedic surgeries, and hospitalizations for infections.  My common-law partner at this time was unwilling to assist, as the primary form of financial support, and as years moved forward it was evident that our partnership was not healthy for myself or our children.  During the first 5 years of the children’s’ lives we moved several times due to cost and childcare needs.  He had a history of violent outbursts when things were not proceeding as planned.  Over the course of our relationship there was a lot of stress and emotional abuse.  Our first spring in #####, he experienced a major outburst, I took the kids and left, we spent time in Counselling at ###### in ######.  After a couple of months of communication he suggested we do couples counseling, and promised to go to stress management programs to help him cope with his addictions and mental health. 

In 2012 ##### was at the IWK Hospital for well over a month, financial and care support was slight. Following the hospitalization I was accepted into a program intended to assist me upgrade and get the skills needed to return to the workforce.  At this time I also applied for Bankruptcy with Grant Thornton, and proceeded to work towards removing the debts accruing. 

In the spring of 2013, the father of my children proceeded to become increasingly emotionally and physically violent again.  It culminated just after Easter when he proceeded to break a windshield with the kids and I in the vehicle.  Charges and a restraining order were laid, and at this point the children and I went on Financial Assistance, and moved into Government housing. Mediation through Family Court occurred and he was ordered to pay Child Support according to laws.  We currently live on the following financial support: $1450 CTB, and $550 Child Support.  The father of the children, ######, recently was one of the several hundred office workers let go from ##### in ####  As such, after his severance is discontinued and his health plan runs out, Child Support may discontinue.

If I were to go back to work full time right now, I wouldn’t take home enough to pay our bills, child care and these Student Loans.  This wasn’t the way I had planned my life.  I just want to be able to look after these children to the best of my ability.  Accessibility is a major struggle for us.  I cannot get a vehicle, I cannot buy a home.  I have no financial assets.  We have each other and I have growing debts and increased anxiety.  Over the years I have received many inquiries and requests to pay down at least the interest only payments for the Student Loans I acquired over the tenure of my education.  On several occasions I offered what I could to support this, but our financial situation continues to get more problematic, between rising costs of living and bills.

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ilyblake View Drop Down
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Joined: 26/February/2018
Location: Thunder Bay
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ilyblake Quote  Post ReplyReply Direct Link To This Post Posted: 26/February/2018 at 12:15pm
I am in a very similar situation and recently wrote a letter much like yours. What was the outcome of writing this letter?
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