Carol: Student Loan Debt Bankruptcy or Consumer Proposal?

Table of Contents

‘Carol’ a Case History: Overwhelmed by Student Loans

In 2000, Carol (not her real name) came to David Sklar & Associates (DSAI) with major debt issues.

As a young, single mother in Scarborough with two small children, Carol found herself buried in unsecured debt from credit cards, bank loans and student loans. Working with Rhoda Lewis, an Estate Administrator at DSAI, Carol was able to declare Bankruptcy and erase her credit card and bank loan debts. Unfortunately, her student loans could not be discharged in a Bankruptcy, as it had only been 5 years since she had been a student. Although Carol had attended university for several years, she had been forced to withdraw before finishing, due to lack of funds and the demands of motherhood.

Finding a good job without a degree was a challenge, but Carol was able to work her way up from receptionist to a senior clerical position for a large Scarborough company.

Her children, while a blessing, were also a strain on her tight finances. As a single mom, she found herself unable to pay for her children’s needs – and to make all of her student loan payments.

Carol tried several times to negotiate lower payments, but without success. Eventually, her student loans went to collections – and Carol began to deal with ongoing pressure from collection agents. Her tax refund was seized by the Canada Revenue Agency for the federal portion of her student debt – and her life became much harder.

Carol did her best to pay back her loans, but was not able to make any headway. Finally, unable to handle the strain, she decided to get help.

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Dealing with Student Loan Debt

Carol came back to David Sklar & Associates (DSAI) in 2006 – and requested that Rhoda Lewis once again act as her Estate Administrator. Together, they closely reviewed Carol’s finances and options in detail. Because it had been more than 10 years since Carol had been a student, she was eligible to discharge her student loans debt in a Bankruptcy. Note: In 2008, the length of time before student loans could be discharged with a Bankruptcy was reduced to seven years after ceasing to be a student.

Carol learned that a second bankruptcy would stay on her credit history for 14 years. That a Consumer Proposal would most likely run for five years at the end of which, it would stay on her credit history for three more years.

Carol did not want to file for Bankruptcy again and she sincerely wanted to pay back as much of her student loans as possible, so she decided to file a Consumer Proposal. At the time of the filing, Carol’s net monthly household income was $3,200 (salary plus child tax credits). Her only unsecured debt was her student loans of $30,000, and she had no non-exempt assets.

Proceeding with a Consumer Proposal

Working with Rhoda and the Trustee, a Proposal was written up – and filed by DSAI. The Proposal was for a repayment of less than the total outstanding loans – with monthly payments of $325 for a period of 60 months.

The Consumer Proposal was accepted by Carol’s creditors – and the collection efforts ceased immediately. Carol was to make monthly payments to DSAI who would then distribute the money as per the terms of the Proposal.

Carol’s Consumer Proposal has been running successfully and should be completed in 2011. Carol remains pleased with her decision to pay as much as possible on her student loans.

To protect our client’s privacy, details of this case have been altered.

Take Your First Step Towards A Debt Free Life

If you are overwhelmed by debt, call us at 1-844-962-9200 to book a FREE, confidential appointment. We will review your financial situation in detail and discuss all of your options with you. Alternatively, you can fill out the form below and our team will reach out to you. 

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Paddy Sandy
1 day ago
I want to give a big TY to BIBI, Jo, Rhoda, Christina and all the staff at David Sklar, for making such a confusing, embarrassing, stressful, time in my life, so much easier to deal with. The level of patience and understanding they carried, during my learning process of the whole bankruptcy path, was truly a blessing. I was lost, tired, sick of the collection calls, threatening letters, embarrassed to tell anyone how far in over my head I was. But they made it easy, worked with me, and helped me to understand the bankruptcy act and what my responsibilities were, as well as theirs. I am now 3 months into my debt free life, and can now look forward to the future, and answer my phone. Ty so much to all, I will definitely be referring people I know are struggling, to ur company in the near future
Victor P
4 days ago
From beginning to end, Shayne was a tremendous help. Thanks so much once again!
S88 19
5 days ago
Great service, very informative staff, and a special thanks to Mo Patel for how well he handled my case, always returning calls to clear up questions I had and a very positive vibe that allowed me to feel stress free during a very stressful process.
Pierre Bouffard
5 days ago
It was a positive experience. Serena is very kind and knowledgeable. She made me feel comfortable and confident throughout the entire process. Thank you for everything!
Mischa
7 days ago
Disha Chauhan at David Sklar & Associates made the consumer proposal process completely seamless. She was professional, empathetic, and went above and beyond—even providing quick responses after hours to ease my worries. Disha explained every step clearly and lifted a massive financial weight off my shoulders. I highly recommend her and the firm to anyone needing a fresh start!"
Rafa Trabal
1 week ago
I contacted David Sklar & Associates by filling out a form on their website. That same day, a firm representative contacted me to schedule my initial consultation. I requested to speak in Spanish, and they connected me with Beatriz Cabrera. That’s where the magic happened. Beatriz was very kind and clearly explained the best option for my current situation. She stayed in constant contact with me to gather all the documentation needed to start my proposal. I highly recommend this company; the entire team does an amazing job. Thank you so much.
Lisa E.
1 week ago
Thank you Jennifer Ricaplaza & Team! Jennifer was amazing from the very beginning. She took the time to help me understand my options and explained everything thoroughly, patiently, and with genuine care. I never once felt rushed. Jennifer is incredibly kind, warm, and compassionate. She was extremely sympathetic to my situation and always made me feel heard and supported. I asked many (MANY!) questions throughout the process (sometimes more than once!) and she never hesitated to take the time to answer them. At every step, she would also check in and ask how I was feeling, which meant more to me than she probably realized. I am SO grateful to the entire team, and especially to Jennifer, who truly took the time to get to know me and understand my situation. She is exactly the kind of person you want representing your company — professional, caring, compassionate, and genuinely invested in her clients. You are very fortunate to have such a wonderful person on your team. A heartfelt thank you as well to Stephanie and the trustee, Chris, for their help and support throughout the process. Thank you all so much for making what could have been an overwhelming experience feel much easier and more manageable. I am truly grateful.
Amelia Lelis
1 week ago
I recommend David & sklar for those needed help,its very nice and kind with Samycha Francis shes the one who help me through the process .she.explained to me well in details.i hate paper works.but she was the one who make it easier for me.. For Samycha F thank you so much and mire power to you.keep up the good works. From Amy L
Hugh Johnson
1 week ago
I had an excellent experience working with Trina, my consumer proposal agent at David Sklar & Associates. From our first conversation, she was professional, knowledgeable, patient, and genuinely understanding of my situation. Trina explained each step of the process clearly, answered all of my questions thoroughly, and kept me informed throughout. Her guidance made an otherwise stressful and overwhelming experience feel manageable. I always felt respected, supported, and free from judgment. I’m truly grateful for the help and reassurance Trina provided. If you’re struggling with debt and considering a consumer proposal, I highly recommend speaking with Trina and the team at David Sklar & Associates. Their professional and compassionate approach can make a meaningful difference in helping you regain control of your finances and move forward with confidence.
Bill Blurton
1 week ago
I could not have hoped or wished for better service and advice given. Much appreciated.