Student Loans in Bankruptcy Blog

Canada Student Loan Bankruptcy Legislation

Student loans in Canada are not automatically discharged in a bankruptcy or consumer proposal unless they are over 7 years old. This blog tracks changes to this legislation, and current student loan and bankruptcy developments.

How Do I Know When My Ten Years Is Up?

I have received a number of questions over the last few months from people wondering how to calculate the ten year period on their student loans (since a student loan less than ten years old is not automatically discharged if you file for bankruptcy in Canada).

It’s not the age of the student loan that matters; what matters is when you ceased to be a student. So, for example, if you received your last student loan in September, 1996 and graduated in May, 1997, the ten years is calculated from May 31, 1997, not from September, 1996 when you received the loan.

Obviously it is critically important that you wait until the ten years since you ceased to be a student has passed before you file for bankruptcy if you want your student loan to be automatically discharged.

To determine your end of study dates you can contact Canada Student Loans at 1-888-815-4514, and student loans from Ontario can contact Ontario Student Loans at 1-807-343-7260 to request your “end of study” date.

Of course no decision on filing for bankruptcy should be made before consulting a licensed bankruptcy trustee.