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Bankruptcy limbo

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justme2007 View Drop Down
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    Posted: 10/March/2017 at 12:33pm
Hi everyone!

I have been in bankruptcy since 2000 (that is not a typo).  Family emergencies interfered with my ability at the time to follow through on the duties required to be granted a discharge.  The stupid thing is that it was only a matter of 3 monthly statements and the final counselling session.  Nevertheless, my trustee was eventually discharged from my file and from all info I have found, I must personally apply for my discharge. I became very ill in 2004 (transplant ill) and every now and then, throughout my illness, I have tried to find appropriate help with filing for my discharge.  All I ever found were brick walls.  I have now decided to return to the original trustee for assistance with the discharge.  
My first question is this: At the time of my bankruptcy, my student loan was not included as I had only been out of school for a year (a year short of a B. Comm.), and I am now wondering what will happen with my loan when I am discharged.  From what I have been told it cannot retroactively be included in my bankruptcy, and I would have to declare a second bankruptcy to have it erased.   Does anyone know if this is the case?
My second question is: I have been reading about the government writing off many student loans.  My feeling is that my loan would probably fall under their criteria of not likely to be collected upon.  How would I find out if it was written off without starting the clock again?

Thanks for reading and any advice you may have would be greatly appreciated!
Sandra

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Johnny View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 11/March/2017 at 6:12am
If you file another bankruptcy then you are at the mercy of the court to decide whether or not you are discharged/ The crown can oppose and they usually do. However, it is the court that must decide based on opposition and evidence that would cause the debt to survive. 

If the loan is statute barred then you will reset the clock with a bankruptcy filing. 

The superintendent of bankruptcy in Ottawa can answer your questions about filing a motion to discharge under section 178.  Or, you can contact the bankruptcy court and they will advise you. If your prior bankruptcy is left with duties unfulfilled, I do not know the implications. This would be a question for the appropriate authority in bankruptcy as named above.  

If you want to benefit from a limitation issue then you have to be very careful in your approach to that. Limitations issues are cast on an individual basis, not a group - unless that group has the exact same set of circumstances.  

Your loan could be statute barred. However, they may be complications due to the bankruptcy proceedings, or other cause that suspended it. If it is barred then you need something from the department of justice (for federal) or provincial justice (for provincial loans) to support it. 

If you want to determine if a limitation is in place I can help you with that. It is not expensive by any means. 

Best! 
The Canadian Financial Wellness Group (CFWG)



www.cfwgroup.ca
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justme2007 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote justme2007 Quote  Post ReplyReply Direct Link To This Post Posted: 11/March/2017 at 9:15am
Hi Johnny,

If I have you check on the limitation issue is there a risk of waking a sleeping giant?  A giant that I am in no way able to slay at the moment.  If there is no risk then I would love to have you check into the situation for me.  Just let me know the steps (payment etc) I need to take.

Thanks,
Sandra
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Johnny View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 11/March/2017 at 9:43am
The way we do this - no not at all.  Can you go to our site and send me your contact information and I will lay it all out for you. I need to do an assessment which will take about 20 minutes or so. www.cfwgroup.ca and contact Us page. 

The Canadian Financial Wellness Group (CFWG)



www.cfwgroup.ca
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