concerns about what courts may consider `studies`
This year it will have been 10 yrs since I graduated from the University program for which I received two student loans. Since that time I took two brief courses, in two different schools, (both colleges), one 3 month part-time session in 1999, the other: a one month full-time program in 2005. I am concerned that if I apply for bankruptcy, the courts will rule that the courses I subsequently took will impinge on the 7 yr period.
Since it seems up to courts discretion to decide which studies to include or ignore in this 7 yr period, is there an appeal process available to a debtor subsequent to a courts first ruling?
Can a trustee advise me as to the likelihood of these studies affecting the courts outcome in my particular case? (i.e.: is there some precedent with particular court…I live in Victoria)
To the best of my knowledge, there are no clear precidents regarding “studies”. The rule that seems to be followed goes soemthing like this: was your degree (original studies) a requirement for the new programs that you undertook? Said another way, were the new studies in anyway related to the old? If they were then the 10 year clock was likely reset. If they were not then you are likely safe.
It is unlikely any trustee or lawyer will “guarantee” that your student loans will be discharged – they can only tell you whether or not they are likely to be discharged. As you have already determined, the Court will have the final say…