If someone filed bankruptcy prior to the 10 year period, can they later be discharged?
Student loans provided through government sponsored programs are not dischargeable in a personal bankruptcy until 10 years have passed. If you file personal bankruptcy prior to the expiration of the 10 year period, it is still possible to apply to the bankruptcy court to have your student loans discharged after the 10 year period. The key sections of the Bankruptcy and Insolvency Act are 178(1)(g) and 178(1.1) which state: 178. (1) An order of discharge does not release the bankrupt from: (g) any debt or obligation in respect of a loan made under the Canada Student Loans Act, the Canada Student Financial Assistance Act or any enactment of a province that provides for loans or guarantees of loans to students where the date of bankruptcy of the bankrupt occurred (i) before the date on which the bankrupt ceased to be a full- or part-time student, as the case may be, under the applicable Act or enactment, or (ii) within ten years after the date on which the bankrupt ceased to be a full- or
