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i just GOT SERVED!! ack! what to do now?

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kitty View Drop Down

Joined: 19/January/2018
Location: toronto
Points: 2
Post Options Post Options   Thanks (0) Thanks(0)   Quote kitty Quote  Post ReplyReply Direct Link To This Post Topic: i just GOT SERVED!! ack! what to do now?
    Posted: 19/January/2018 at 11:54am
Hi all

Im so glad I found this forum.
I graduated in 2006 and everytime i did my taxes my refund went to paying back my student debt.
In 2013,I had to move in with my mother for a year.
Then was hired as a sessional instructor in another province for 2 yrs.
Came back to ontario (for another adjunct position) and was recently served court papers for the remainder of my loan.

Im thinking of claiming bankruptcy (as we know adjunct teachers get paid in peanuts)
Though I don't know where to begin to initiate process and do I contact those who served me,or should i get a paralegal (I can't really afford this)

Where do i begin? What do I do now?

any help would be much appreciated

thank you

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secondchance View Drop Down

Joined: 31/January/2018
Location: Vancouver
Points: 5
Post Options Post Options   Thanks (0) Thanks(0)   Quote secondchance Quote  Post ReplyReply Direct Link To This Post Posted: 31/January/2018 at 3:46pm
I bankrupted my student loans and I live in BC where things might be different, but the first thing is that you need to contact a bankruptcy trustee. 

Try to find a small, family-owned trustee company, rather than going for the big companies. The reason being that your trustee isn't really on your side. They get paid more money depending on how many assets you own, or how much you eventually have to pay back (which you might need to if your debtors think they can get money from you). If you are in the Lower Mainland (Vancouver), I can refer you to mine, who is a very nice man and his son. 

The big companies give their junior trustees the student loan cases because there isn't a lot of money to be made, which means you'll have an inexperienced trustee who probably won't know what they're doing. 

Once you contact a trustee, you will talk with them and determine whether you should go in the direction of a bankruptcy, or a 'consumer debt proposal' which, if you have steady income, might be a good idea. 

If you file bankruptcy, it doesn't mean it's all over. Some things are over: the collections agents will stop calling you immediately. I'm not sure, but I'm pretty sure that any lawsuits regarding your loans will be dropped until the outcome of your bankruptcy. 

What might happen though, is that your debtors will decide that they don't want to let you bankrupt your student loans. If you have a record of paying your loans in the past, or a moderate income, they probably will try to fight. In that case, your trustee will be responsible to negotiate a deal with your debtors. This will most likely be significantly less than your actual debt, which you will pay over the course of 2 years. 

I hope that helps. Good luck!
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Johnny View Drop Down
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Joined: 05/November/2003
Location: Canada
Points: 5911
Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 04/February/2018 at 11:01am
Very poor advice. 
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.
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