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traceyrue
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Joined: 24/September/2010
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Topic: What is the process for applying to the court? Posted: 24/September/2010 at 6:47am |
Hello, I have been recently discharged from bankruptcy and my student loans were not included in my bankruptcy. I have been out of school for over 5 years, and my trustee has told me that I can apply to the court under the hardship provision.
Can anyone help me with the process involved in doing this? What forms do I need? How do I go about applying? I am in BC , and the collection agency is already starting to call again, so I want to get this dealt with asap!
My student loan debt is so huge, that there is no way i would be able to pay it off in this lifetime, unless i won the lottery. So , I am not sure how to fend off the creditors either...
If anyone can help, i would really appreciate it.
thank you
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administrator
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Joined: 25/January/2003
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Posted: 24/September/2010 at 9:52pm |
Im wondering why your trustee didnt or isnt taking care of this. Perhaps call the superintendent of bankruptcy and see if they can outline the steps. Your trustee should be taking care of this, or at least explaining why he/she did not apply for this during the discharge process.
Let us know what happens....
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Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024
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SolveStudentDebt
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Joined: 05/November/2003
Location: Canada
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Posted: 27/September/2010 at 7:45am |
You can contact the bankruptcy court in your province and have them send you the package of information. The law says you can appeal in 5 years in a case whereas you can demonstrate extreme hardship. The question is what is your hardship?
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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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DB
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Joined: 12/November/2010
Location: Montreal
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Posted: 12/November/2010 at 4:19am |
My situation is similar to the first post here from Tracyrue. I went through a massive bankruptcy in 2007 and discharged in February 2008. I've been out of School since January 2000, my student loans were not included in the bankruptcy. My trustee refuses to do anything saying that only a Lawyer can apply for the discharge of my student loans which I have gathered from this forum is false information.
My hardship is that I have lost my job since getting out of bankruptcy and my current payments are less than the interest accumulation on the student debt. My loans are both Canada and Ontario Student Loans but I've been living in Montreal Quebec for the past 10 years. In two months I will have been out of school 11 years.
Since the trustee won't do this and since I can't afford a lawyer I need to do this myself. As in the second post I have called the superintendent of bankruptcy (which is an answering machine) leaving my name and number and as of today it has been 5 days without any return phone call from them.
Does anyone here know where I can go in Montreal and to get everything I need to make my own application for discharge? What forms do I need and how I can go about applying?
If anyone can help, I would really appreciate it.
Thanks,
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rodeodiva
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Joined: 02/March/2011
Location: Alberta
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Posted: 06/March/2011 at 9:07am |
My situation is extremely similar to both of you as well. I went bankrupt in November of 2009 and was discharged in October 2010. I had been led to believe by my trustee that my student loans had been included in my bankruptcy and then received a letter 3 weeks ago from Student Loans advising me that as I had been discharged by my trustee i had to either immediately pay the full balance of my student loans or start making payments which required a lump sum to bring them up to date. I lost my job in January, just weeks before getting this letter and am a single mom all of a sudden not even sure how I am going to pay my mortgage as I have not yet been able to even get any EI. I have talked to my trustee several times and they informed me that they will not help me out at all. I ceased being a student in 2000 but did go back to school in 2004-2006, my trustee assured me that my loans would be included because they were over 7 years old and did not ever mention anything about the fact that that might not be because I had gone back to school. I did not however get loans the 2nd time I went back to school. I have got the MLA's office involved and they said that RBC told them that my trustee needs to go to court and apply for hardship for me and fight for me. I passed this info along to my trustee who has now refused to return any calls or emails. I also called the superintendent of bankruptcy and have had no reply at all and since I cannot afford a lawyer either I am thinking that I will need to go through the process of applying to court as well but have no idea where to start.
I would also love to hear anyone who has any idea of how to start and complete this process. Thanks!
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rodeodiva
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Joined: 02/March/2011
Location: Alberta
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Posted: 06/March/2011 at 9:13am |
Johnny wrote:
You can contact the bankruptcy court in your province and have them send you the package of information. The law says you can appeal in 5 years in a case whereas you can demonstrate extreme hardship. The question is what is your hardship?
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Johnny I just read your post...does that mean you have to wait 5 years after your bankruptcy and where do you find the information to contact your bankruptcy court in your province....I am in Alberta, have looked online but am not seeing anything.
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SolveStudentDebt
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Joined: 05/November/2003
Location: Canada
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Posted: 08/March/2011 at 7:40am |
Where are you in Alberta?
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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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rodeodiva
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Joined: 02/March/2011
Location: Alberta
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Posted: 08/March/2011 at 8:35am |
I am in Medicine Hat, AB
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Tbeets
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Joined: 23/January/2014
Location: Nova Scotia
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Posted: 23/January/2014 at 12:23pm |
HI am in the same boat as a lot on here... I need to apply for the hardship provision and have no idea where to start.. I was let to believe that my loans we covered under my proposal and now I find out that they are in collections.. and to get them out I need to pay all the interest and two payments... I don't have a full time job and cannot move as I life with my parents and have no money to move 1!! any input would be appricated?
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tbeets
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