To reiterate: A former student's student loans, if less than seven years old, will only be
discharged in a consumer proposal if the student lender specifically votes in favour of the proposal.
Just like in a bankruptcy, student loans will be automatically
discharged in a consumer proposal as long as you have been out of school for at least seven years.
(Debts such as child support payments or court fines are not
discharged in a consumer proposal).
Student loan debts are
discharged in a consumer proposal.
Not exact matches
Borrowers who filed for bankruptcy or are
in undischarged or
discharged consumer proposal often qualify.
To put that number
in perspective, it's also important to understand that,
in Canada, student loan debt can not be
discharged in a bankruptcy or
consumer proposal unless the debtor has been out of school at least seven years.
Our recommendation at that time was that the waiting period to
discharge student debt
in a bankruptcy or
consumer proposal (currently set at seven years), is too long.
NO, child support obligations pursuant to the Family Law Act, are not
discharged in a bankruptcy or a
consumer proposal (section 178 (1)(b)(c)-RRB-
And 13 % is actually a pretty big number because
in Canada a student loan only automatically gets
discharged or goes away
in a bankruptcy or a
consumer proposal if you've been out of school for more than seven years.
In general, the Bankruptcy and Insolvency Act states that all debts are
discharged or cleared through a personal bankruptcy or a
consumer proposal except for the following:
In the majority of cases, a
Consumer Proposal will require you to pay less than the full amount you owe and still get
discharged from your debts.
Specifically, section 178 (1)(g) of the Bankruptcy & Insolvency Act states that the following debts are not automatically
discharged in a bankruptcy or
consumer proposal:
A
consumer proposal is different than a bankruptcy filing, because the note about filing bankruptcy
in Canada remains on your credit report for six years from the date of
discharge.
While I'm sure many former students would like to file a
consumer proposal or bankruptcy to deal with their student loan debt, they can't, unless they are willing to wait seven years for the automatic
discharge rule to kick
in.
(2) A
consumer debtor who has filed a notice of intention or lodged a
proposal under Division I may not make a
consumer proposal until the trustee appointed
in respect of the notice of intention or
proposal under Division I has been
discharged.
By following our Quick Credit Repair Strategy, your credit can be fully repaired
in as little as one year after you have been
discharged from your bankruptcy or
consumer proposal.
The Supreme Court of Canada today ruled
in favour of
discharging 407 debts
in a
consumer proposal or bankruptcy.
In Canada, with few exceptions, all of the unsecured debts of a consumer are discharged or forgiven in a consumer proposal or a bankruptc
In Canada, with few exceptions, all of the unsecured debts of a
consumer are
discharged or forgiven
in a consumer proposal or a bankruptc
in a
consumer proposal or a bankruptcy.
If you are contemplating filing for personal bankruptcy or making a
consumer proposal in the hopes of
discharging your student loan debt then you should seek the help of a professional to ensure that you have satisfied the 7 - year waiting period.
At the end of the
consumer proposal, all debts are
discharged, even if you have not repaid them
in full.
Therefore, before declaring bankruptcy or filing a
consumer proposal, you should consult with a bankruptcy trustee to assess the chances that the government may object to your
discharge, and to confirm that you have
in fact acted
in good faith and would suffer hardship if you were required to repay the student loan.
Under bankruptcy law, student debt can not be
discharged (eliminated)
in a bankruptcy or
consumer proposal, unless the individual has been out of school for at least seven years.
Under the new rules, a student loan is automatically
discharged in a bankruptcy, or a
consumer proposal, if you «ceased to be a student» for more than seven years prior to filing (the old rule was a ten year rule).