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Blue_Thunder
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Joined: 10/December/2004
Location: Canada
Points: 76
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Topic: Bankruptcy Charter Challenge Posted: 28/February/2005 at 4:18am |
When is this judge going to render his decision? The CFS website has said January or February the decision would be rendered. Prior to that, it was supposed to be rendered last autumn. What's up with this? Since the decision was made in June 2004, he has reserved his decision. It's getting rather close to one full year now. What is this judge waiting for? Is he fearing the possible threat of reprisals from his very employer (the Federal Justice Department of the same government that brought in this legislation) if his decision was to favor the CFS and people like me?
If this judge gets my message here, would he please render this decision and more importantly the right decision to put integrity back into the BIA?
I have no means of paying my loans on a part time minimum wage job and I have no intentions of making paltry payments because the student loan guys refuse to realistically negotiate payment terms. I told them that when I gain "suitable" employment then I can meet their so-called standards I will be in touch. Until that time ever happens, I should be able to go bankrupt but I can't. It is a last resort for me as everything else has been exhausted.
If anyone out there has any kind of information or inside scoop, please make your postings as soon as you hear anything. I will be checking back on a regular basis like I always do.
Thanx!!!!!!!!!!!!
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The greater access to higher education, as a result of student loans, has flooded the job market. Therefore, supply exceeds demand. Thus our credentials are not as valuable as, say, 30 years ago.
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administrator
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Joined: 25/January/2003
Points: 1798
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Posted: 01/March/2005 at 8:20am |
I spoke to Canadian Federation of Students yesterday... they are just waiting.. they dont know why the judge hasnt rendered his decision.. apparently its a backlog, but backlogs usually are only six months..
Its out of CFS hands... could be any day now... which we've heard since the fall...
Mark
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Staretz
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Joined: 20/November/2004
Points: 120
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Posted: 01/March/2005 at 3:46pm |
An awful lot of people have been waiting for this decision, and have done for months. Years even. But it continues to proceed like a glacier on Quaaludes.
Deciding what to do with all the people who have already gone under and are now in thrall to the 10 year rule is going to be dicey. I would like to get my life out of the holding pattern its been in for months. So would a lot of other people.
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debtprison
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Joined: 13/March/2005
Location: United States
Points: 21
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Posted: 13/March/2005 at 9:29pm |
Is this an unusual delay under Canadian law?
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Staretz
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Joined: 20/November/2004
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Posted: 16/March/2005 at 12:09am |
It does seem awfully long for a civil case to take five years from initial filing to final judgement but I don't know if its unusual or not. This one has been going on for at least that long.
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debtprison
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Posted: 16/March/2005 at 7:01am |
Seems like a very long time.
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Staretz
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Posted: 21/March/2005 at 7:25pm |
That's because it is a very long time. I think the latest statement on the Canadian Federation of Students website that a decision is expected this or next month is simply a way to try to cut down on the phone calls they have been receiving about it. I don't blame them at all. They are one of the few voices in this country trying to actually change this legislation. It is moving like a glacier on Quaaludes.
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karldubhe
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Joined: 10/March/2005
Location: Canada
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Posted: 24/March/2005 at 5:39am |
I've been following the case ever since I applied to be the person
declaring banko back in 97. The CFS told me that they wanted a
person from eastern canada so as to prevent the issue from being seen
as a western canadian alienation issue... Boneheads.
They've had the same message - re-written from time to time - since the
case opened. As for the delay, it's not uncommon a court can
debate the meaning of "per" for a few weeks, I'm not surprised it's
taking them a while to consider... whatever the hell they're
considering.
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WantOut
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Joined: 26/November/2004
Location: Canada
Points: 63
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Posted: 24/March/2005 at 5:45pm |
Careful, karldubhe .... don't kill the messenger. The CFS has taken this on as a crusade, expending a LOT of energy and man hours on all our behalves. It's not their fault the judgement is taking an incredible amount of time to come down from on high. I can pretty much guarantee they are exerting whatever pressure they can to hurry things along ....
We are all getting impatient with the delay. Meanwhile, can we on this site offer any advice or commiseration to you in solidarity with your problems? We're all in the same boat here ....
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In order to discover new lands, one must be willing to lose sight of the shore for a very long time.
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SolveStudentDebt
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Joined: 05/November/2003
Location: Canada
Points: 5996
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Posted: 24/March/2005 at 7:00pm |
Meanwhile .... back at the ranch of justice in closed quarters....
They are likely trying to figure out a way to change the bankruptcy rules so that they are mutually fair and beneficial (?)
1) Do they strike the 10 year rule and tighten up even more the discharge rquirements???
2) Do they keep the ten year rule and loosen up the discharge requirements???
3) Do they run a two year bankruptcy limitation period and, at the same time, de-privatize the administration of bankruptcy??? Note: By removing the private sector from administering bankruptcy the government can reap the benefit of the revenue stream all to themselves? It would also put a large dent in the number of individuals filing bankruptcy in order to escape the responsibility of repayment.
As it is now, the Crown would be vulnerable to huge losses if the proposed changes were ruled in. Either way, you are going to find that the discharge requirements are still going to be as difficult as ever.
It is certainly going to be interesting to see when it is all laid out on the table. I dislike watching people pay a bankruptcy trustee $1500.00 ($2300.00 for two) only to be steered down a road that is cluttered with large boulders and deep sink-holes. I think there are quite a few people here that can relate to this.
Here is the thing ...
The Federal government knows very well that they are backed in a corner over this. IF they reduce the limitation restraints from 10 to 5 (even 2), they know that they have to fight to tighten up the discharge requirements.
This is like a boxing match between the Incredible Hulk and Thing from the Fantastic 4.
Place your bets, place your bets ....
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karldubhe
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Posted: 25/March/2005 at 7:27am |
[QUOTE=WantOut] Careful, karldubhe .... don't kill the
messenger. The CFS has taken this on as a crusade, expending a
LOT of energy and man hours on all our behalves. It's not their
fault the judgement is taking an incredible amount of time to come down
from on high. I can pretty much guarantee they are
exerting whatever pressure they can to hurry things along .... Uhhh,
I didn't kill the messenger, I offered a criticism that they could have
chosen a candidate for the challange that wasn't their best
choice. As far as I know the lady they chose for the challange is
working in her field. Am I wrong? Exerting pressure on a
judge in a court case is a bad idea, judges have a bit of an ego.
Seems to me that the cfs is exerting pressure on the gov't not the
courts. That is a good thing. I hope a decision is made soon, but
I won't be holding my breath. Anyway, it seems that my sl's are
stat's barred
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WantOut
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Joined: 26/November/2004
Location: Canada
Points: 63
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Posted: 25/March/2005 at 9:18am |
OK, it wasn't clear from your posting what the "Boneheads" comment was about. And I didn't say the CFS was exerting pressure on the judge. I said I am sure they are exerting whatever pressure they can to hurry things along ---- I thought you were upset that the CFS has had the same message on their website since the case opened.
Whatever. Glad to hear that your sl's are stats barred --- you can rest easy now.
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In order to discover new lands, one must be willing to lose sight of the shore for a very long time.
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nago
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Joined: 01/December/2004
Location: Canada
Points: 212
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Posted: 27/March/2005 at 8:49pm |
well, this is a guidline of how the system works:
It was suppose to take me 12-24 to get my pardon
But it took 30 months
So it should take 12-18 more months
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