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am I able to get my student loan included in my previous bankruptcy

Hi, I declared bankruptcy in year 2004 and was discharged in 2005. It has been 7 years since I have been out of school, so am I able to get my student loan included in my previous bankruptcy?

Posted from: British Columbia

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One Response to “am I able to get my student loan included in my previous bankruptcy”

Barton Goth – Goth & Company Inc. -Trustee in Bankruptcy said...

The only thing that can be done is you can attempt to make an application under the hardship provisions of the Bankruptcy and Insolvency Act that were enacted July 7, 2008. These hardship provisions suggest that where at least 5 years has expired since you have last attended school and where you have filed a bankruptcy, a court application can be made to request these loans be cleared. To do so you have to be able to demonstrate that you did not receive any benefit from these student loans and that continuing to pay these would cause significant hardship. This is an application that would be made on you behalf by council, so you are best to contact a lawyer to investigate this further.