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    Posted: 21/July/2012 at 10:58pm
I need advise.   I was discharged from bankruptcy in
October 2007 on loans that were 10 years old. Included in the discharge were all of my student loans-none of them were disputed - the discharge went through in 9 months without problems.   In 2009, I went back to school to pursue a PhD.   I am now entering the final year of my PhD and have funded it through scholarships and part-time teaching. A couple of months ago, I decided to see if I could obtain rehabilitation under student loans so that I could recieve a small student loan to help me finish, reduce my hours of
teaching, stress and finish my PhD before my scholarship funding runs out in the fall of 2013.

I applied and received full rehabilitation from both National and
Provincial Student Loans and was granted a student loan. After receiving confirmation of the loans I gave up work through the university for the summer and fall because the student loans were confirmed. Upon releasing the funds the National Student Loans Centre noticed a restriction placed on my file by Royal Bank Collections. They asked me to call RBC and asked to have the restriction removed so that they could release the student loan money. I called RBC Collections and they said that their records show that my end
of study date was 1997 and because of that my student loans were not
included in my bankruptcy. My end of study date was not in 1997, it was
1996. I was never registered and never attended school in 1997 and I did not dishonestly imply otherwise. My end of study date was 1996.

Giving up work because I was awarded student loans and now having them
not released is putting me and my children in serious financial risk. RBC Collections said they had to send for my file to confirm why their system says that my end of study date is 1997- and that it would take a couple of days. It has now been 10 days (I've called them every day) and each day they say they are still waiting for my file. I have offered to provide a letter from the university confirming that I was never a student in 1997 but they said the letter wouldn't help, they have
to wait for my file. I have no idea of who to contact and who can help me. I've contacted my trustee and she has said that if I was in school in 1997 my student loans would survive my bankruptcy. I told her I was never registered in school in 1997, nor did I intend to and she asked me to ask RBC to fax me a copy of the document that they are using to confirm my end of study date but RBC seems to be delaying the process. It's taken much longer than they initially said it would.   I'm very concerned because in just over a week I will not be able to pay rent or my monthly tuition payment. I am desperately in need of advice and not sure where to turn. Should I contact a lawyer?
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Post Options Post Options   Thanks (1) Thanks(1)   Quote administrator Quote  Post ReplyReply Direct Link To This Post Posted: 22/July/2012 at 9:54am
We're seeing more of these situations on this site. I suggest you call your trustee from your bankruptcy.....or the superintendent of Bankruptcy to see what they say can be done in these cases.  The collection agencies and banks don't seem to respect a legal discharge of the loans.  
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Post Options Post Options   Thanks (1) Thanks(1)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 22/July/2012 at 12:57pm
I believe the system recognizes the end of study date as the last day of the month of which studies ended.
 
All you need to do here is contact NSLSC and they will have record of it. So will HRSDC in Ottawa.
 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Bets Quote  Post ReplyReply Direct Link To This Post Posted: 22/July/2012 at 6:54pm
Thank you so much - I really appreciate your time in responding. I have three questions and would be ever so grateful, if someone could help.

1. If I contact the NSLSC, do I then contact RBC given that they have the restriction placed on my file? Does RBC have to recognize the NSLSC end of study date?

2. Is the NSLSC end of study date the one that is used legally to determine a bankruptcy discharge?

3. Doesn't my end of study date have to be confirmed to be discharged from bankruptcy? Why would this come up now, 5 years later?

Thanks again for your time.


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Post Options Post Options   Thanks (0) Thanks(0)   Quote Bets Quote  Post ReplyReply Direct Link To This Post Posted: 23/July/2012 at 5:32pm
I thought I should follow up with my earlier post. After a great deal of stress and difficult conversations with collections, RBC has decided not resume collections and has removed the restriction from my file. Thank you Johnny and Administrator for your help. My trustee faxed a copy of my detailed file in which CRA signed off saying they would not resume collections. RBC said they had to follow suit. I wonder how many other students they are doing this to? There is a general lack of integrity and honesty in all this. It's very disturbing.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 24/July/2012 at 8:53am
It is WIDESPREAD.
Did RBC close the remainder of your loan though? Or, did they just remove the restriction?
 
 
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