Personal Bankruptcy Forum


Author:   Sean
Date:   December 3, 2002
Question:  

I declared bankruptcy two years ago and have been discharged from all my debt but a student loan of about $5,500. The student loan is ten years old Sept 2002. I have received a letter from the BC government about repaying the loan and future garnishment of any tax returns. Is there a statute of limitations on the loan even if it wasn't discharged in the bankruptcy?

 


From:
 

Shane Brenneis, Collins Barrow Limited
Date:   December 5, 2002
Answer:   Once you have been out of school for ten years, you can make an application to bankruptcy court to have the debt discharged. The court will consider:
  • whether the bankrupt has acted in good faith regarding the student loan liabilities and

  • whether the bankrupt will continue to experience financial difficulties to an extent that he or she will be unable to pay liabilities under the loan

A trustee in bankruptcy can not represent you at this hearing so you may wish to talk to a lawyer.

Shane Brenneis, CA • CIRP
phone: (403) 296-2975
sbrenneis@moneyhelp.ca




Bankruptcy Forum | Submit a Question