September 28th, 2011 by Questions


I have student loans in the USA and am a Canadian Permanent Resident. Can I file bankruptcy to get rid of this debt in Canada if they file a claim against me in Canada?



Posted from: Ontario


One Response to “Mike”

, A licensed trustee said:

If you file for bankruptcy in Canada it will protect you in Canada, but not in the US. Should you ever return to the US or for some reaosn have US income or assets the American lender will be able to pursue those things.

You should expect if you apply for bankruptcy in Canada that the US student loans will apply to the Court to have the same standards that apply to CDN student loans apply to them – that is you will need to have been out of school for at least 7 years or the student debt will not be discharged.

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