U.S. Student loan from 1990
March 30th, 2011 by Questions
I assigned into bankruptcy in 1997, at a time when I had been stretching to repay my US student debt for 5 years. (The Canadian rules were then that you had to be repaying for two years; the US bankruptcy laws discharged student loans at the time. I was recently contacted a collections agency from the U.S. which insists that I am still responsible for repayment since the discharge order is Canadian not U.S. I had understood from my trustee that since the U.S. institutions were notified of the assignment, and did not object, the debt was discharged here and in the U.S. Am I still responsible for this loan 14 years after discharge and 21 years after the loan became due??!?
Posted from: Ontario
One Response to “U.S. Student loan from 1990”
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March 30, 2011 at 6:22 am, A licensed trustee said:
Very briefly, CDN bankruptcy law protects you while you are in Canada. If you return to the US or have US assets or income then the US collector may “go after” them. They can’t compell you to repay the debt with your CDN income or assets.
Of course, to get them to leave you alone, you may have to hire a lawyer.