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The SOL in Ontario is presently 2 years for any debt acknowledged in writing or by payment after Jan 1. 2004. The previous SOL was 6 years.

The SOL only prevents a person from successfully...

You do not indicate whether this is a US or Canadian Student Loan. You don't indicate whether the loan is goernment or bank. More details required to properly answer.

The date of your post was November 11, 2010. Assuming your bankruptcy was 30 years ago, that would make the year of bankruptcy 1980. Your bankruptcy would have been made under the old Bankruptcy...

The debts were incurred while the bankrupt was in the UAE. The bankruptcy occurred after she returned to Canada from the UAE. The "incident" being the contact by an American collection agency...

With respect, the original poster does not have to reopen the bankruptcy. The debt is either part of the bankruptcy or it isn't. The bankrupt either owed the debt or part of the debt on the date of...

Here is the difference:
A civil judgment can be enforced by filing a Writ of Seizure and Sale with the Court. If the property is sold, the judgment has to be satisfied provided there is sufficient...

I am not sure what "OP" is?

OSAP stands for Ontario Student Assistance Program and are loans granted in the Province of Ontario Canada. In order for these loans to be included in a bankruptcy and subject to discharge, the...

In a Canadian bankruptcy, all debts owing at the date of bankruptcy are provable and subject to discharge in that bankruptcy regardless if they are listed in the bankruptcy documents EXCEPT for any...

The bankruptcy court in your jurisdiction has a copy of or can get a copy of your bankruptcy file. It will contain a document called a s. 170 report that outlines exactly what duties you did not...

In most jurisdictions, the SOL is 6 years. If the SOL period has expired, it is likely that NCO has purchased the account for pennies on the dollar and is now trying to make a profit.

The last...

You appear to be using US terminology when referring to a Canadian Citizen.

Canada's equivalent to social security is the Canada Pension Plan. While CPP cannot be garnished at source, most...

It depends on the nature of the lien. A "super priority" lien survives bankruptcy because it is a charge against title like a mortgage. A judgment lien does not. The outstanding sales tax...

Whatever the balance of the UAE debts were at the date of bankruptcy, that part would have been due at the date of bankruptcy and is a debt provable in that bankruptcy. If notice of the bankruptcy...

1) They cannot refuse payment. You have a common law right to reduce any debt by any amount at any time. However, as he debt is in default and the full amount is due, small payments may not stop...

If you listed the debts created in the UAE in your bankruptcy, the creditor will be prohibited by your discharge from enforcing collection in Canada. Should you return to the UAE, the collection of...

Documentation of a medical condition could assist any student loan debtor in making a s. 178 1.1 application. The medical information could establish the financial hardship part of the test. But it...

The following comments relate to Canadian bankruptcy only.

There are a large number of Canadian Debtors who have large unsecured debt in addition to their student loans. Some of these debtors...

The issue of outstanding student loans for those who have limited ability to pay is a big problem in Canada these days particularly in light of today's economic conditions.

S. 178 of the Act...

The short answer is "no". The long answer is "yes".

A US judgment and a notice of garnishment issued by by a US court do not have to be honored by your Canadian employer. However, if the US...

A bankruptcy in Canada is on a credit file for 6 years from date of discharge - 14 years for a second bankruptcy - permanently for a third or more bankrupcies. A consumer proposal is on the file for...

Your study end date was in 2000. Your bankruptcy was prior to March 2004 and was discharged in December 2004. At the date of your bankruptcy, a Canada Student Loan was not subject to discharge...

I now have more time to ask you question more completely.

S. 178 1(g) applies to any student loan debtor who did not cease to be a full or pat time student for 7 years (previously 10 years) at the...

There is a legal process under s. 178 1.1 that is made in Bankruptcy Court. It can be done by a lawyer or by the debtor. All you need is the proper documentation.

Google: "bathurst take...

If you Google s. 178 1.1 BIA and "take control don't be controlled" you will find a site with information.

You would be surprised at the number of clients who have had to deal with this "member in good standing" clause. I had a client who could not pay an unsecured loan with a credit union that held the...

What province did you reside in while in Canada?

The loan may eventually become subject to SOL.

Credit Unions are notorious for what is know as the "member in good standing" clause. Default on any product such as the credit card could result in this clause being triggered. They could then...

A credit reporting agency can report negative information for 6 years from the date of write-off. The basic limitation period has been reduced in from 7 to 2 years in many Canadian jurisdictions. ...

A limitation period established under a SOL or Limitations Act doe not mean that you do not owe the money. It means that you cannot sue after the limitation period has expired. It is an affirmative...

1. 80% of wages are exempt
2. Net Wages (Gross less withholding taxes)
3. You would have to be served with the Claim. 20 days to file a defence if served personally - 40 days if served by mail....

In Ontario Canada, you can make a motion to the SCC to have the default judgment set aside and file your defense (fee: $40.00) OR, if garnished, you can request a garnishment hearing (fee: no...

Who got the benefit of the electricity after you moved out until you found out that it was still in your name? There is a legal principle called "unjust enrichment". The party who got the advantage...

Here is a very simple way of looking at this question. Bankruptcy deals essentially with unsecured debt. By unsecured, I mean any debt that does not have security or the deficiency arising after...

You are incorrect. Since you have not gone bankrupt or made a proposal and OSL are not subject to limitation, you still owe them.. They may have lost you but you still owe the money. You can call...

To: hackex
Since you have been out of school for 7 years, a proposal may deal with both loans as well as a bankruptcy. I do not promote bankruptcy as the only way only an option. Simply I am not a...

To: VWWICZ
There are Limitation statutes but (a) they do not apply to ON student loans and (b) are tough to deal with for CSL.

There is one question you must answer for yourself. Will reasonable...

To: rshepherd31
I believe we have already talked.

Wlb

To: vwwicz:
I hope you have followed the posts. There is help for you. There is a process to have your student loans included in your earlier bankruptcy if you have been out of school for 5 years...

To: hackex
You did not mention whether you had made an assignment into personal bankruptcy or made a consumer proposal. Hardship relief is only available to those who have made an assignment or...

The rules changed on July 7, 2008. To apply for hardship relief under s. 178 1.1, you now only have to out of school for 5 years rather than 10. If you have been out of school for 5 years and are...

If she cosigned, she owes the money. If she is not sure, she better find out. I read the material as she is not sure. It does not hurt her if she waits until the information is provided. The...

To JudyKayTee: No that was not the question. In Ontario as in New York, if the creditor is not a party to a proceeding in Family Court, they are not subject to the Court's ruling.

In Canada, a...

In the absence of Proof of Indebtedness, a debtor may take the position that they are not responsible for the debt. The burden of proof that a debt is owing is on the parting making the claim. The...

To this8384:
You originally signed something or acknowledged something that render you subject to future credit increases.

A and B are married. A goes to the bank and obtains a line of credit...

The fact that you were married does not make you indebted on the line of credit. You had to be at the creditor's place of business in order to sign. Spouse could not sign for you. Do nothing until...

When you obtained the line of credit, did you sign the application form? In other words, are you sure you are legally responsible for the debt? If the creditor is prepared to sue, they must have...

Opposing discharge screws up his life but doesn't help you. It is obvious he does not want to pay. You need leverage. The only thing I can think of is his driver's license. Get FRO to take it...

Credit reporting agencies are regulated in each province by statute. Ministries in each province enforce the statute. File a complaint with the government and let them assist you in getting the...

When you go bankrupt, the Bankruptcy and Insolvency Act imposes certain duties upon you. If you do not complete these duties, you do not get discharged. First time bankrupts are subject to...