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What if Student loan is not included in the Bankruptcy

If i filed a bankruptcy based on the five years exception and the judge did not agree, will I have to wait another two years before the the student loan is considered for automatic discharge while in this first bankruptcy or do I have to file a new bankruptcy ?

Posted from: Quebec

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One Response to “What if Student loan is not included in the Bankruptcy”

A licensed trustee said...

If you file for bankruptcy and your student loans were only 5 years old your trustee should have warned you that they probably not be discharged. You don’t have to file a second bankruptcy to deal with them – you have the right to apply to the Court after your bankruptcy ends to have the student loans retro-actively included. In Ontario the Court expects this kind of motion to be made by a lawyer – I don’t know what the expectation is in Quebec.

Best advice – call your trustee to discuss your options.