Can I have this bankruptcy removed from my credit rating?

April 2nd, 2015 by Questions

I based my decision to declare bankruptcy for a second time, in the spring of 2009, based on a trustees rep’s directive as my only solution to eliminate a student loan which I could not include 8 years prior in my first bankruptcy from a divorce. I completed my duties, paid the necessary extension because it was my second bankruptcy, only to still have a portion of the loan not dismissed. After numerous attempts it has finally been removed this past December, with the help of a diligent government employee. However during the course of working through it was revealed that I could have applied to have the debt discharged under the 1st bankruptcy, applied for a dismissal from the student loan program because of my disability.
I have contacted the firm I dealt with and they disconnected the call twice and no one will return my call and the rep and trustee overseeing my case no longer works with the firm.
Can I have this bankruptcy removed from my credit rating or appeal as this will remain on my credit for 14 years, and obviously affecting everything I do.

Posted from: New Brunswick


One Response to “Can I have this bankruptcy removed from my credit rating?”

, Doug Stuive, CA | Trustee | CIRP said:

If you feel you were not properly advised of your options you can contact the Office of the Superintendent of Bankruptcy to discuss your case. They are the government agency that licenses bankruptcy trustees and they will have access to your bankruptcy records. While there is a court process wherein you can apply to have your bankruptcy annulled you would need to seek legal counsel to determine if you have a good case. Also, you would be assessing whether you have a good case to get your second bankruptcy annulled and whether you are a good candidate to have the student loan discharged as part of the first bankruptcy proceedings. It is really two motions that would need to go before the provincial court. You would be want to ensure any lawyer you contact has a lot of experience with the bankruptcy court in your area.

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