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Student Loan be added to prev Bankruptcy?

I have not been discharged of my bankruptcy that I filed in 1999. If I start it up again, and the legislation changes to let`s say 7 years for which I have been out of school for. Will I be able to include this in my original bankruptcy filed in 1999?

Posted from: Manitoba

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One Response to “Student Loan be added to prev Bankruptcy?”

Barton Goth – Goth & Company Inc. – Bankruptcy Trustees said...

While the existing proposed legislation is silent on this issue it is doubtful that a previous bankruptcy will be subject to the new rules. The reason I say this is that the previous amendments that brought the 10 year rule in stipulated very clearly that this new rule only applied to people who filed after a certain date. So I think it is likely that this same type of arrangement will occur, but we have to wait to see what the final amendments will look like to know for sure.

The other thing that is not clear is if these student loans were present before you filed for bankruptcy or not. If they relate to years after you filed then finishing your bankrutpcy will not clear these amounts as it can only include debts that were present prior to the time you filed for banktuptcy.