October 28th, 2006 by Questions
How does one go about filing an application to the courts to have student loans discharged under Section 178? My loans are over 10 years old and I was thinking of attempting to file an application to the courts before proceeding with a bankruptcy? Is there a special form, where can I get more information? Thanks.
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October 28, 2006 at 7:15 pm, Barton Goth, GCO Inc. Bankruptcy Trustees said:
As I read this section 178 application, you have to have already filed a bankruptcy in Canada is open to all bankrupts who have: acted in good faith in connection with the bankruptâ€™s liabilities under the loan, and who will continue to experience financial difficulties to the extent that they will be unable to pay the liabilities under the loan. You would be best to simply contact a licensed trustee and if your 10 years has already expired than you should have no need to make a special application under section 178 as section 178 will simply be invoked implicitly in the process.