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Proving Undue Hardship

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maniccupcake View Drop Down
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    Posted: 14/May/2015 at 9:45am
Hello everyone.

I had a bankruptcy in 2012, and was discharged in December of 2012. I had not been out of school for 7 years, so my student loans were not included.

In October of 2014 (literally days before my wedding) I was contacted by EOS Canada, about and EI overpayment and the Provincial Portion of my Student loan. There has been some back and forth since then, but I have been paying a total of 300$ a month (150$ to each account). Every 3 months they make me try to get a loan to pay it off, but obviously I haven't been approved and have no one to cosign.

I checked my credit a few weeks ago and noticed that only the EI over payment has a collection account showing, and they haven't been reporting my payments. The Provincial portion of my loan is not listed anywhere on my credit report with equifax. Infact my CDA loans say "Paid as agreed and up to date" with  "Account paid" under comments as of November of 2011. IT does not say anything about the account being transferred.

Because of the confusion on my credit report, I called the CRA this week to try to clarify some things, and to find out why I haven't been receiving a statement of account, or any information regarding these loans. I was informed that I now owe 42 000$ for the federal portion of my loan, am accruing 5$ in interest daily, and they expect me to begin paying them 791$ monthly immediately.

When I asked why I haven't heard anything from them they said they had the wrong apartment number on file. When I file my taxes, etc I have been using the right address.

Anyway I contacted my trustee and was told that I can apply to have my loan included in my bankruptcy if I prove hardship. What exactly is considered hardship? Prior to this week my husband and I counted on my income to pay almost all of the bills, but he just started a job that will provide us with a steady income.

I'm in Ontario, and I would prefer paying them back, but how do I approach them to arrange a reasonable payment? I doubt I will qualify for hardship with my husbands new added income. I haven't heard anything about the federal portion of these loans since 2012, and I'm worried my wages will be garnished without any warning.
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Johnny View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 15/May/2015 at 10:32am

Proving hardship is very difficult. However, if you cannot contribute towards the student loan, and can prove that, then you are half way there. There are two ways to do this in your case, formally or informally. You can opt for a hearing under section 178 and have it heard by the bankruptcy circuit, or y6ou can go directly to the loan provider and appeal to them. As long as you have all of your ducks in a  row and material then you are good to go.

If your total household income is sufficient enough that it is determined you can contribute based on the court's ruling, or in the opposition's argument (if opposed) then it will be a difficult battle to win.

I can't tell you what sort of case you have and probability without knowing all of the details. I make the case for people professionally. However, it cannot be done through this site unfortunately. A lot of personal information has to be analyzed and assessed to make such a case viable and stick.

  

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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Post Options Post Options   Thanks (0) Thanks(0)   Quote maniccupcake Quote  Post ReplyReply Direct Link To This Post Posted: 28/May/2015 at 8:49am
Hi Johnny,

I emailed you Monday or Tuesday night using the contact form on your website and haven't heard anything yet. I really do need some help.

Does anyone know of any other agencies that can help with things like this? I am also having issues with an EI overpayment that my trustee says should have been included in my bankruptcy. I am trying to avoid hiring a bankruptcy lawyer, as that will be much more expensive.
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Johnny View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 02/June/2015 at 9:43am
The email system on the contact page works fine. If you have3 any difficulty simply call 902-861-1210 or 866-239-7889 and book an assessment.
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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