Monday, August 26, 2013
Student Loans Bankruptcy Can Help With Some Student Loans
Canada student loans are rapidly becoming a national problem. In todays world most young people know a college education is a path to a sounder financial future but with the exploding costs of such an education borrowing money is the only way most Canadian students can pay for that education. And with an increase in economic uncertainty more and more graduates of Canadian centers of higher education cannot find jobs with high enough incomes to allow them to repay their loans without severe economic hardship. Can bankruptcy help with Canada student loans? With some Canada student loans bankruptcy can help.
Canadian bankruptcy laws are outlined in the Bankruptcy and Insolvency Act (BIA) and are supplemented by Provincial legislation. In the not too distant past debtors could not include student loans in a personal bankruptcy filing unless they were more than 10 years old. However, in 2007 the Act was amended and the time frame was lowered to 7 years. So exactly what does that mean?
Unfortunately in most cases it means if you have had those Canada student loans for less than 7 years you will be responsible for paying them back even if you do declare bankruptcy. In effect this means if your student loans are the unsecured debt thats dragging you into a financial abyss, bankruptcy is not a way out.
On the positive side, you might be interested to know our American neighbors make it far more difficult to discharge student loans in a declaration of personal bankruptcy. At least here in Canada you can do it providing you meet the time requirements. Heres how it all works out.
You meet with a licensed bankruptcy trustee who determines if you are eligible for bankruptcy and if that is the best option for you. If it is the trustee prepares the paperwork and files it with the Office of the Superintendent of Bankruptcy and your Canada student loan debt over 7 years old is considered one of your unsecured creditors and will be fully discharged once you complete the requirements of your personal bankruptcy. You may lose some assets in the process and be required to contribute some of your monthly income. A licensed bankruptcy trustee in your area can advise you on the specific details that would apply in your situation. If you have never filed for bankruptcy before, you will be discharged in anywhere from 9 to 21 months, depending on your income.
Okay, do you have any options if your loans are less than 7 years old?
Yes you do. However, consider the possibility that a bankruptcy filing on its own can get you back on your feet. How? Remember once you are out of bankruptcy your other unsecured credit goes away. This means you will no longer be paying whatever you have been paying your credit card companies and other unsecured creditors. That alone might be enough to allow you to manage your student loan payments without undue hardship. Now lets look at your other options.
First, it is possible for you to contact your student loan providers directly to work out a repayment arrangement you can live with. This can be far more difficult than negotiating with other unsecured debt since the lender knows that a Canada student loan less than 7 years old is not dischargeable in a bankruptcy. The closer you are to that 7 year window the more likely it is you can negotiate a repayment. The holders of your student loans know they could get back nothing if you are close to bankruptcy.
Second, check with non-profit credit counselors in your area. You might find one with experience dealing with Canada student loan providers who has had success negotiating repayment plans. Again remember the leverage is in favor of the lender the further you are away from the 7 year limit.
Third, meet with a licensed bankruptcy trustee in your area to see if a consumer proposal might help. A consumer proposal is a viable alternative to bankruptcy where the trustee negotiates a reduction in the principal amount owed to your unsecured creditors which you can pay back in no more than 5 years. The trustee will evaluate your situation to determine a single monthly payment you could realistically be expected to manage over that full 5 year period. Total payments less the trustees fees - which are regulated by the federal government and are far less than those charged by most other debt solution providers - determines the amount of principal reduction you will propose.
If you have been paying your Canada student loan for at least 2 years you have a reasonable chance of getting acceptance with your proposal, since the 5 year time frame of a proposal gets you to the 7 year bankruptcy limitation. To qualify for a proposal you must have a stable and verifiable source of income that will convince your unsecured creditors you have the ability to continue to make payments for the full five years.
Finally, if you have already been searching the Internet for help with a crushing student loan burden you may have come across some advice that at best could be described as "gaming" the system. The idea is simple in theory but potentially extremely dangerous in practice. Basically the core of the idea is to use credit cards and other forms of unsecured debt - which are dischargeable in a bankruptcy filing -- to pay off the Canada student loan debt - which is not dischargeable. Once you get out from under the student debt you wait 6 months or a year or so and then declare bankruptcy to get rid of the unsecured debt you ran up.
The danger here is, simply put, engaging in fraudulent activity. You should know debts incurred due to fraud are not dischargeable in a bankruptcy filing. Do not even think about this option for dealing with your Canada student loan debt without consulting with a licensed bankruptcy trustee. There are other options for getting out of the trouble you are in and a trustee may be able to help you find one without incurring the potential risk of committing fraud.
