What happens to student loans in the event of a bankruptcy in Canada or Alberta ?
As the level of government funding for
post-secondary education has decreased, the level
of student loan debt in Canada has increased. Students
graduate, but with the weak Canadian economy, good
jobs are hard to find, and it becomes difficult to
repay Canada Student Loans in a timely manner.
If a student with student loans files
for bankruptcy in Canada, the student loans are not
automatically discharged unless the student has been
out of school for more than 10 years.
What can I do about my student loan if I think I need to go bankrupt?
If you live in Alberta , and you have student
loans that are more than 10 years old, bankruptcy
may be an option. Please contact
a nearby expert today, to arrange a free consultation.
If you live in Alberta and your student
loans are less than 10 years old, bankruptcy is only
an option if you also have a significant amount of
other debts, and want to clear your other debts so
that you can continue to service your student loan.
If your student loan is less than
10 years old, you have three alternatives to bankruptcy.
First, you could contact student
loans and attempt to make payment arrangements that
are affordable given your current income.
Second, you could contact a licensed
credit counselor (listed in your yellow pages under
Credit Counseling, or on moneyproblems.ca)
to attempt to negotiate on your behalf.
Third, we could attempt to file a
consumer
proposal to deal with your debts. A consumer proposal
for student loans have a greater likelihood of success
if the student loan is at least five years old, and
the proposal term is five years long (so that at the
end of the proposal the student loan is over 10 years
old). To file a proposal, you must be working, or
have a steady source of income.
Do you want to know more new information about student
loan?
Prior to 1997, student loans were treated in the
same manner as other debts; they were discharged if
the debtor filed an assignment in bankrutpcy. In September
1997 the Bankruptcy & Insolvency Act was amended
so that student loans were only discharged in a bankruptcy
if they were more than two years old. For more information visit our Student
Loans: Bankruptcy Canada Blog.
What do I do now?
If you are experiencing problems with your student loan and you live in Alberta , please contact a nearby expert today, to arrange a free consultation.
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