This website is a testimony to the problems Canadian Student Loan borrowers experienced from approximately 1996 to 2008 and until their loans were paid off.

The privatization of the Student Loans system by the Chretien and Martin Liberal governments broke the system and defaulted thousands of borrowers who were trying to pay their loans. There were even stories of suicide due to the harassment of borrowers.

Read the report that I prepared back in 2007 here. Canada Student Loans-The Need for Change Fortunately the new Conservative government at the time revamped the program and fixed the system for new borrowers, but borrowers under the previous program were left with ruined credit and continued harassment from debt collectors.

I call on the Canadian Government to apologize to the borrowers affected by this fiasco and make amends.

Unfortunately the Liberal government is again clobbering the Education system with their upcoming changes to International Student Visas. Yes, there's a problem, but instead of a well thought out plan, they have pulled the emergency brake on the train causing a derailment. This has introduced unprecedented instability for both private and public education institutions who serve both international and local students.

Universities can't plan. I've heard of courses being cut because the government has no process in place for universities to send the newly required acceptance letters to the government.

This means that students who have been accepted can not attend courses that start in the summer 2024 semester. With cut sections, current Canadian students will have trouble getting courses, and may have to switch to part-time which changes their enrollment status and might trigger repayment of their loans or ineligibility for funding. I've seen this before. It wreaks havoc on the student loan borrowers.

Again, the Liberal government has messed up the education environment. Will the new system needed in a rush for the acceptance letters be the new Arrivecan scandal?

I call on the government to implement a slower phased in approach and delay the requirement of the acceptance letters until a process is in place to submit these letters.


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Forum LockedNobody ever successful at appeal?

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terrym View Drop Down
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    Posted: 21/February/2005 at 4:31pm

Am I understanding your replies correctly?  Do you mean NOBODY gets through the 10-year rule appeal process successfully?  The usury law is basically unenforceable with CSL, but not with other creditors? How so? Will I just waste more money pursuing this?

I'd really like to read remarks from students who have tried to appeal, to verify what my first trustee told me.  She said it would cost me a mere $1,000 in legal fees, it should be a 'rubber stamp', and trustees were looking forward to it as a benchmark decision.  She said trustees consider the current law unfair, given the frequent bankruptcies to negate student loans prior to the 10-year rule.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote SolveStudentDebt Quote  Post ReplyReply Direct Link To This Post Posted: 21/February/2005 at 5:41pm

 

 Trustees consider it unfair because it restricts their ability to administer insolvency. That is their main concern.

 You wrote:

 "Am I understanding your replies correctly?  Do you mean NOBODY gets through the 10-year rule appeal process successfully?  The usury law is basically unenforceable with CSL, but not with other creditors? How so? Will I just waste more money pursuing this?"

 If the court (and Crown) is satisfied that you have acted in good faith, have not frustrated the system (used bankruptcy as an exit strategy from the responsibility of paying), and can demonstrate a financial hardship that will prevent you from being able to pay the debt, then the chances of discharge are very good.

 If they detemrine that you are able to pay based on their examination of you, then you will face resistance. If you motion the discharge under section 178, just make sure that you can demonstrate hardship.

 

 

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

solvestudentdebt.com
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gann View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote gann Quote  Post ReplyReply Direct Link To This Post Posted: 15/March/2005 at 2:47pm

Exactly how would someone demonstrate hardship. What type of documentation is required.

Are you able to provide a useful website where this info can be found?

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Post Options Post Options   Thanks (0) Thanks(0)   Quote terrym Quote  Post ReplyReply Direct Link To This Post Posted: 15/March/2005 at 4:53pm

Gann,

Apparently, $14,000 is the benchmark, and you'd have to prove it with bank account statements for six months.  A low source of income like Social Assistance or EI slips would also be considered.

--Theresa

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Post Options Post Options   Thanks (0) Thanks(0)   Quote SolveStudentDebt Quote  Post ReplyReply Direct Link To This Post Posted: 15/March/2005 at 6:28pm

 

 Demonstrating hardship is not difficult at all for those who truly are suffering from hardship.

 Substantiating or demonstrating hardship is FAR more than showing a lower income and bank statements. An examination for a discharge is not so simple.

 I will be creating a section onthese particular issues and actual cases that bring all of these obscure unknowns to visual clarity.

  

John LeBlanc
The Canadian Financial Wellness Group
 
Tel: (902) 464-8727
 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote peewee Quote  Post ReplyReply Direct Link To This Post Posted: 16/March/2005 at 6:24am

Hi Johnny,

I look forward to the section that you will be creating regarding issues and actual cases pertaining to the discharge of student loans under bankruptcy after 10 years.  Examples to demontrate the complexity of the process involved in an examination for a discharge would be much appreciated.

In the mean time, I am hoping that you can be more specific about what you know regarding substantiating or demonstrating hardship in terms of it being "FAR more than showing a lower income and bank statements".   I know that you are not an advocate of bankruptcy and that's ok with me.  However, it seems that your posts regarding this issue have the same clear message:  that there is no hope for those of us who have already done the deed (i.e. filed bankruptcy) and we are screwed for life.  I'll accept that if you can back it up with something other than what you heard from your lawyer friend down the hall.

karen

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Post Options Post Options   Thanks (0) Thanks(0)   Quote SolveStudentDebt Quote  Post ReplyReply Direct Link To This Post Posted: 16/March/2005 at 7:20am

 

 Hi Peewee,

 I will be creating this section on my site in the very near future.

 You are correct. I am not an advocate for bankrupty - or any of it's siblings and kinships. However, I am not completely against insolvency, Peewee. I am only against bankruptcy, it's administration body, and audience when it is abused or utilized in such a way that is not ethical.

 You are interpreting my message as something that it is not. Again, I will reiterate:

 If the court and oposing sector is satisfied that the bankrupt has acted in good faith, is experiencing financial hardship with extenuating circumstances, and will continue to experience hardship that will prevent the bankrupt from repaying the debt, then the discharge should (will) be approved. 

 Do you agree with this? I sure do. If an individual in this type of case were to be denied a discharge after having proved such severe financial crisis and hardship, then there would be yet another  serious problem (flaw) in the system.

 

John LeBlanc
The Canadian Financial Wellness Group
 
Tel: (902) 464-8727
 

 

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I'm just an amateur and from another country, but I would break it down close to something like this. If you are doing well enough that the ticks to your credit/reputation from a bankruptcy is giving you an excess amount of problems, then at one extreme a bankruptcy is probably not as needed as someone else. At the other extreme if you are already so financially infirmed that the stigma, problems, and wrongs associated with a bankruptcy is the LEAST of your problems, then it may be an injustice not to have bankruptcy available as an option-- especially if it is available to people with debts other than student loans.

That's how I see it.  

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Post Options Post Options   Thanks (0) Thanks(0)   Quote older not wiser Quote  Post ReplyReply Direct Link To This Post Posted: 29/March/2005 at 11:34am
Hello.  My wife's bankruptcy went through without any problem and cleared her of a $15,000.00 debt.  We filed no specific paperwork regarding the Canada Student loan except to include it in our bankruptcy.  I guess the fact that we were forced into a bankruptcy and many other debts were included may have made the case of hardship for us.  I would think going bankrupt on a single debt such as a CSL would be much more difficult. 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kwelmm Quote  Post ReplyReply Direct Link To This Post Posted: 29/March/2005 at 11:40am
The Canada Student Loan may not be discharged.  I didn't think that student loans could be included in a bankruptcy....

Others know more....
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Post Options Post Options   Thanks (0) Thanks(0)   Quote older not wiser Quote  Post ReplyReply Direct Link To This Post Posted: 29/March/2005 at 1:41pm
Hello Kwelmm.  I have all of the paperwork on her loan here in front of me.  It's all done.  We even went the extra step and verified it with her trustee.  The was done in British Columbia.  Whether or not this is relevant I do not know.  Her CSL was 10yrs old.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kwelmm Quote  Post ReplyReply Direct Link To This Post Posted: 29/March/2005 at 1:50pm
Older,

I really don't know much about bankruptcy....Johnny on here does...he can give you a better idea.  Sorry..I didn't mean to cause any alarm.


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 If the court and Crown is satisfied that the bankrupt is, and will continuwe to experience fiancial hardship, then the discharge would be in order.

 There is one particular matter pertaining to bankruptcy and student loans that is examined closely, and that is the bankrupt's reasons for filing. When they see student loans ONLY, then they become skeptical as to what the bankrupt's real intent is.

 Older not wiser's situation sounds to me like there were an enormous amount of consumer debt (or commercial). In this type of case, the guard comes down because it is not just a student loan debt that is being evaluated. This would be considered hardship as reasons for the filing.

 THe court would have also reviewed to the Mrs. Older's, if not wiser's financial situatiuon. If it is determined by the cvourt that there is no financial ability for her to repay, then this would be considered "extenuating circumstances" that support the financial hardship.

 I would have to see the minutes and case file to read the decision.

 

John LeBlanc
The Canadian Financial Wellness Group
 
Tel: (902) 464-8727
 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote older not wiser Quote  Post ReplyReply Direct Link To This Post Posted: 30/March/2005 at 7:04am
You are right John.  There was another Joint 110 k involved.  Failed business due to servere economic downturn in our sector. 
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