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Bankrupcy+Consumer Proposal+ 14 years=Collections

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peachycaper View Drop Down

Joined: 25/February/2015
Location: Nova Scotia
Points: 2
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    Posted: 25/February/2015 at 10:01am

I will summarize to start, ex-wife ran up debt while I was in school and I had student loans with RBC finishing school in 2000. No real work for 4-5 years and declared bankruptcy in 2005 with everything including student loans included. Cleared bankruptcy and everything fine and dandy, move forward to 2008, wife runs up debt and cheats on me ->she gets the boot("divorce"). I file consumer proposal with new debt, student loans are not listed on my credit report at time of filing and bankruptcy firm does not list them in proposal as they are listed as admitted during bankruptcy and now gone off credit report. I complete consumer proposal and discharged in 2011. Move forward 2015 and I get a letter from Common Collection Agency stating I owe $16000+ in student loans which were originally $8000.

My questions here are has this debt past the statute, do I have any grounds to go back after original bankruptcy agent for not informing me they would survive, if neither of these hold up can I go back and have these loans declared under the 2008 consumer proposal and pay the 24cents on the dollar that I paid to the rest of the creditors at the time. I believe there is some kind of clause stating that if creditors are not aware or listed under consumer proposal that I can pay the dividend % as the rest of the debt under the consumer proposal?

I know its a lot and hoping someone can help. I have no problem with hiring a lawyer if I need to as it seems to me that I was boned by two trustees already!
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ranui View Drop Down

Joined: 29/March/2012
Points: 13
Post Options Post Options   Thanks (0) Thanks(0)   Quote ranui Quote  Post ReplyReply Direct Link To This Post Posted: 25/February/2015 at 12:36pm
From my limited understanding of Bankruptcy/Consumer Proposals. The student loans should of not been cleared by the bankruptcy as the time out of school was not long enough think it still would of been 10 years when you declared. They would of received some of the payments from the bankruptcy but they should of survived it.  They should of been included and cleared in the Consumer Proposal. Yu could try talking to your last trustee, but you may have to speak to a lawyer or someone like Johnny.
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