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study end date for student loans

I will reach 5 years since my last date of study on Dec 31, 2008. If I want to be able to apply to the court to have the loans included in my bankruptcy due to hardship, do I have to wait until After Dec 31, 2008 or can the 5 year date be during my bankruptcy period. Basically, I need to know if I shoud file now or if I should wait until Jan 2009.

Posted from: Nova Scotia

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One Response to “study end date for student loans”

A licensed trustee said...

The current law requires you to have been out of school for a minimum of 10 years before student loans may be eliminated by bankruptcy.

The 5 year rule that allows you to apply to the Court is part of the new amendments to bankruptcy law, but has not been brought into force yet.