Section 178 Claim

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I, (name of bankrupt), hereby acknowledge having been advised by my trustee (name of trustee) or his/her representative (name of administrator), that the following debt:

  • Description of debt. For example, my student loan debt.

may not be discharged by my order of discharge for the following reason(s):

  • Description of reason(s) why debt will not be released. For example, I graduated (finished or abandoned my studies) four years ago and paragraph 178(1)(g) of the Bankruptcy and Insolvency Act (BIA) applies if the bankruptcy was filed within seven years after the date on which I ceased to be a full- or part-time student.

I recognize that interest on this particular debt will continue to accrue during my bankruptcy.

Considering this and recognizing that I am under no obligation to make any payments toward this debt until the day on which my trustee is discharged (as per subsections 69.3(1) and 69.3(1.1) of the BIA) or, if required, a successful application under section 178 is made, I nevertheless voluntarily agree to make payments toward this debt during the course of my bankruptcy in order to mitigate the amount of debt that may be outstanding on the day of my trustee’s discharge.

I confirm that this document is not an admission of any wrongdoing on my part and cannot be used against me in any proceeding in relation to this particular debt. The advice provided by my trustee or his/her representative is based solely on the information provided by me and/or the creditor involved.

Dated at space to insert city, this space to insert day day of space to insert month, 20space to insert year

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Signature of Trustee
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   Signature of Debtor

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