Comments on: How is Student Loan Debt Treated in a Consumer Proposal? https://freshstartnow.ca/how-is-student-loan-debt-treated-in-a-consumer-proposal/ Bankruptcy & Consumer Proposal Wed, 07 Feb 2024 02:27:17 +0000 hourly 1 By: Kathy Lenart https://freshstartnow.ca/how-is-student-loan-debt-treated-in-a-consumer-proposal/#comment-161 Wed, 07 Feb 2024 02:27:17 +0000 https://freshstartnow.ca/?p=2857#comment-161 In reply to Veronica.

Hello Veronica
My apologies for the delay in replying. I would recommend that you schedule a free consultation with a Licensed Insolvency Trustee to discuss solutions. If you are in the locality of our offices, I would be happy to schedule an in person, virtual or telephone meeting.
Regards
Kathy

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By: Veronica https://freshstartnow.ca/how-is-student-loan-debt-treated-in-a-consumer-proposal/#comment-157 Tue, 23 Jan 2024 10:52:55 +0000 https://freshstartnow.ca/?p=2857#comment-157 my credit has been good for almost 6 years and then BOOM a credit report for OSAP from 23 years ago lands back on my credit report.
It’s been so long that I can’t even remember if it was 2000 or 2001.
My payments with credit cards and card loans are in good standing.
Now this a complete nightmare because i don’t have 35000 .00 to pay back right now how can i take care of this please?

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By: Kathy Lenart https://freshstartnow.ca/how-is-student-loan-debt-treated-in-a-consumer-proposal/#comment-132 Sat, 11 Mar 2023 17:25:40 +0000 https://freshstartnow.ca/?p=2857#comment-132 In reply to Cassie.

Hello Cassie
Unfortunately since you have not completed your studies more than 7 years ago, your student loans would remain payable after a consumer proposal unless they voted in favor of your proposal terms (which they are not likely to do). Depending on which province you are in, there is case law on the determination of completion of studies when you have returned to school. Additionally, there is a provision under the Bankruptcy and Insolvency Act that enables you to make a court application to have your student loans included in an insolvency 5 years after you completed your studies. It is quite complicated so I recommend you reach out to us directly to discuss at a free consultation.
Regards
Kathy

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By: Cassie https://freshstartnow.ca/how-is-student-loan-debt-treated-in-a-consumer-proposal/#comment-131 Sat, 11 Mar 2023 04:31:11 +0000 https://freshstartnow.ca/?p=2857#comment-131 Hello, I ceased being a student only in June 2020 but I only went back for a year most of my school stopped. 2017 and so I am in a bad financial spot I need to fill out a consumer proposal and I am hoping to get my student loan written off it’s 61k but I am not sure if they will even write it off or lower the payment a bunch because It’s only been a few years. Can you please advise

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By: Kathy Lenart https://freshstartnow.ca/how-is-student-loan-debt-treated-in-a-consumer-proposal/#comment-127 Wed, 22 Feb 2023 16:51:15 +0000 https://freshstartnow.ca/?p=2857#comment-127 In reply to Eliza.

Hello Eliza
Creditors typically don’t write off the debt until the proposal has been completed and the Certificate of Full Performance has been issued. I was of the understanding that the creditor would note on your credit report that the debt was included in a consumer proposal. Technically you did default on the normal payments, but settled the debt within the proposal. You could try and contact the credit bureau and request the notation be updated with a copy of your proposal documents.
Regards
Kathy

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By: Eliza https://freshstartnow.ca/how-is-student-loan-debt-treated-in-a-consumer-proposal/#comment-126 Tue, 21 Feb 2023 21:52:05 +0000 https://freshstartnow.ca/?p=2857#comment-126 In reply to Kathy Lenart.

As mentioned, I had been out of school for over *8* years when I had consumer proposal.
It took them to mid 2022 before they zero’d it out.
Then today I received a loan statement from NS Resolve, stating interest paid would not be counted towards ’22 taxes. That is of no consequence to me.
But what does irked is that they wrote I ‘defaulted – returned to Nova Scotia’ the remainder of my loan. The were recipients of over $675 in Dividends in the proposal. To me that isn’t a ‘default’. Am I wrong?

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By: Kathy Lenart https://freshstartnow.ca/how-is-student-loan-debt-treated-in-a-consumer-proposal/#comment-119 Tue, 17 May 2022 13:16:27 +0000 https://freshstartnow.ca/?p=2857#comment-119 In reply to Haley.

Hello Haley
Creditors are “stayed” from pursuing you for collection during the term of your proposal until the trustee is discharged. Once the trustee is discharged, the stay of proceedings is lifted and creditors whose debt survives the proposal are able to pursue for payment of their debt. The creditor then has the right to send the debt to collections. I recommend contacting student loans to see if you can deal directly with them for payment arrangements.
If they won’t agree, contact the collection agency to see if you can make payment arrangements with them and to make sure the payments you have made subsequent to the completion of the proposal have been properly allocated to your account. If you are still struggling financially, you could consult with a lawyer about making an application to court to have the debt discharged in your proposal pursuant to S178(1.1).
Good luck.
Kathy

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By: Haley https://freshstartnow.ca/how-is-student-loan-debt-treated-in-a-consumer-proposal/#comment-118 Tue, 17 May 2022 12:58:01 +0000 https://freshstartnow.ca/?p=2857#comment-118 Hello and thank you for your post, perhaps you could help me in my current situation. I ceased being a student less than 7 years prior to filling a consumer proposal back in 2017. National Student Loans was listed as one of my creditors but it was made clear to me that I would have outstanding debt with the NSLCS after my proposal was completed. I completed my proposal in October of 2021 at which point the insolvency company put about 400$ towards my student loans, and I have been making regular payments since the completion of my proposal. However I now have collections calling me telling me that my student loans have been sent to them. The insolvency company I went with has been 0 help on this matter, not responding to emails or offering me an explanation over the phone. I have been going back and forth between them and the NSLSC and no one can help me.

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By: Kathy Lenart https://freshstartnow.ca/how-is-student-loan-debt-treated-in-a-consumer-proposal/#comment-107 Mon, 21 Mar 2022 14:15:28 +0000 https://freshstartnow.ca/?p=2857#comment-107 In reply to Ys.

Hello Ys
It appears student loans have recently changed their position with respect to providing future funding in a proposal. I recommend you contact student loans or your school to see if they can provide you with any solutions to enable you to continue your studies. You may also want to contact your local ombudsman to see if they can advocate for you.
Best of luck
Regards
Kathy

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By: Ys https://freshstartnow.ca/how-is-student-loan-debt-treated-in-a-consumer-proposal/#comment-105 Sun, 20 Mar 2022 09:11:47 +0000 https://freshstartnow.ca/?p=2857#comment-105 hello, I am a student, currently, my situation is the followed, due to the pandemic, I cannot work for almost three years, I am a single mother with two small children, I decided to study to fix my situation and prepare myself through OSAP, I was able to start studying, but I signed for a proposal, They lied telling me that this would not affect my studies with OSAP. I am desperate because Im actually studying full time and they put me on a restriction. I no longer know what to do to be able to continue my studies and support my little ones. If OSAP does not remove the restriction, what can I do if I no longer have money and study full time

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