January 4th, 2010 by Questions
I have OSAP in the amount of about $60,000. I am planning to file bankruptcy in September 2010. My student loans will be 7 years old in May 2011. I will be in Bankruptcy for about 9 months so I will be discharged in June 2011, provided there is no opposition. Can my student loans be included in my bankruptcy since I will still be in Bankruptcy at the time my student loans will become 7 years old?
Posted from: Ontario
One Response to “Student Loans”
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January 05, 2010 at 8:30 am, Barton Goth - Goth & Company Inc. -Trustee in Bankruptcy said:
The way the legislation works is that you have to have been out of school for 7 years as of the date you file for bankruptcy. Filing prior to meeting this 7 year criteria would result in your student loans surviving.
Now there is a small category that may be utilized that is referred to as hardship. What this means is that if you can demonstrate good faith, substantial hardship, and that you received no benefit in connection with your student loans then you can make an application to court to request the student loans be cleared after being out of school for 5 years. Now this is an application you or your legal council have to make as that is not the role a trustee can fulfill, and you need to be cautious as it is not guaranteed and some of the criteria are hard to prove (i.e. good faith, no benefit).