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Student Loans Retroactively Included

I was wondering if student loans can be retroactively dischaged in a Consumer Proposal or if it is only allowable for a Bankruptcy. I filed a Consumer Proposal in which my student loans were included, but when I filed, they were 1 year shy of being 10 years old…now I have a $30,000 debt to pay…about to file bankruptcy to get rid of it, just wondering what the deal is?

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One Response to “Student Loans Retroactively Included”

A licensed trustee said...

This is not all that uncommon. You should check with your trustee to see if the stduent loans submitted a claim to your proposal and/or received any money. If they did it will make things simpler.

You have the right to contact a lawyer to make a motion to have the student debt retro-actively included in your proposal (just like in bankruptcy). It can take a while and of course the student loans people have the right to appear in Court and argue that you can pay.

Good luck sorting it out.