HELP! 3 yr Scottish Bankruptcy and Student Loans!

SickButtons

Hi,

I am new here, so please bear with me!

I was made bankrupt in Scotland in March 2007. Unfortunately i have been tied into a 3 year bankruptcy which i am not released from until March 2010... CANT WAIT!

When i was made BR i was under the impression ALL my debt would be included, including my student loan debt.. however this has come back to bite me in the bum as they are now harassing me to pay it back as they say it doesnt come under my BR. ANY IDEAS??

I thought that because i was tied into the old legislation then my Student debt would also be written off.

No idea where to turn, tried reading up on it, and cant seem to find an answer.

Hope someone can help...

Thanks

dane-katie

I know my student debt wasnt included but thats because i had the new style loan, im sure someone will be along soon to let you know

mustbedebtfree

Sorry Sick Buttons, but to the best of my knowledge no student loans are included in bankruptcy

MBDF

fermi

mustbedebtfree wrote: »

Sorry Sick Buttons, but to the best of my knowledge no student loans are included in bankruptcy

MBDF

Before the Bankruptcy and Diligence etc. (Scotland) Act 2007 came into force, student loans could be included in a bankruptcy in Scotland if I remember correctly.

Best to check with your trustee/AIB.

mustbedebtfree

fermi wrote: »

Before the Bankruptcy and Diligence etc. (Scotland) Act 2007 came into force, student loans could be included in a bankruptcy in Scotland if I remember correctly.

Best to check with your trustee/AIB.

I stand corrected!! Apologies for dud information

SickButtons

Hey,

Thanks for the info guys. I guess i will call the AIB next week then and looks like i will need to let them take a fortune off me every month, which i guess the trustee wont take into account!!!

It always seems to always be a lose/lose situation.

Anyway, thx guys

fermi

SickButtons wrote: »

Thanks for the info guys. I guess i will call the AIB next week then and looks like i will need to let them take a fortune off me every month, which i guess the trustee wont take into account!!!

If the changes that excluded student loans from BR didn't come in till the end of 2007, then you should have to pay them.

It is the law that applies when the bankruptcy order was made that counts.

http://www.aib.gov.uk/Resource/Doc/4/0000676.doc

In terms of paragraph 73B(12) of the Education (Scotland) Act 1980, sums in respect of student loans which had previously been written off through sequestration, must now be paid after sequestration.

If the debtor received a student loan prior to the date of sequestration, any sums still in hand would still form part of the debtor’s estate for the purposes of Section 31 of Act.

The Student Loans Company is entitled to claim in the sequestration but the debtor is not discharged from his liability to repay any balance of the loan.

This change came into force for debtors sequestrated following the commencement of Section 34 of the Bankruptcy and Diligence etc (Scotland) Act 2007, on 3 December 2007.