Can my student loan be discharged due to previous filing?

I have an outstanding student loans (Can/Prov) that is now in collections on behalf of Revenue Canada they are taken legal action against me with a court date end of January 2015
I graduated in 2004 and ever since have not been able to find a reasonable job and a combination of ongoing health issues hence I have not been able to pay down my loans, I filed for bankruptcy in 2007 due to a combination of other compounded debts. The bankruptcy was discharged but not the student loans .
My question is can this loan be discharged giving that I don’t have any assets, unable to work due to illness and injury and can I make an application to add it to my previous bankruptcy and about how much and how long is the process giving my very limited financial situation.

Posted from: Ontario

One Response to “Can my student loan be discharged due to previous filing?”

Doug Stuive, CA | Trustee | CIRP said...

In general you are able to make a motion before the Court requesting that your student loans be discharged by your bankruptcy even when they are not old enough under the Bankruptcy and Insolvency Act. The Court will consider your personal situation, your income over the period before and after the bankruptcy and what attempts you made to repay this loan.
You would have to schedule a date before the Court to hear your motion request and this can be done through the bankruptcy department of your local Ontario Superior Court of Justice. It should not take too long to get an available date. Motion material will have to be filed in the proper format and served to your trustee and all your creditors according to the rules of civil procedure. For that reason you may wish to engage a lawyer to represent you in this matter. A lawyer would also be able to advise you on the likelihood for success based on your personal situation and the length of time it’s been since your bankruptcy filing.