An attestation form
Since November 2022, debtors in federal student loan cases can fill out an attestation form. The Justice Department reviews it with the Department of Education and decides whether to recommend a full or partial discharge. 2
Start your student loan discharge journey
Talk your student loans through with a bankruptcy lawyer
Tell us your state and a little about your loans. We introduce you to a bankruptcy lawyer who practices where you live, and you decide whether to go ahead.
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No cost to ask. Nothing is filed and nothing is decided until you talk to the lawyer.
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How student loans are treated in bankruptcy
Student loans are generally not discharged in bankruptcy, unless repaying them would impose an undue hardship on you and your dependents. 1
To seek a discharge, you file a separate lawsuit inside the bankruptcy case, called an adversary proceeding, and you must prove undue hardship. 2 1
An adversary proceeding is a lawsuit within or related to a bankruptcy case. It starts with a complaint filed with the court. 3
Individuals can file bankruptcy without an attorney, but the federal courts strongly recommend advice from a qualified attorney, because bankruptcy has long-term financial and legal consequences. 4
How a federal student loan case is reviewed
What government attorneys look at
Whether you can pay now, whether that inability is likely to continue, and whether you have made good-faith efforts to repay. 2
Missed payments do not automatically rule you out
Under that guidance, past non-payment, or not enrolling in an income-driven repayment plan, does not automatically disqualify you. 2
The judge decides
The bankruptcy judge makes the final decision. The U.S. Attorney's Office for the district where the bankruptcy is pending handles these cases. 2 5
Before you talk
What to have at hand for the first call
A list of your student loans, who services each one, and whether each is federal or private.
Recent letters from your loan servicer or a collection agency, including any notice of default.
Your recent income, your regular monthly expenses and the people who depend on you.
Whether you have filed for bankruptcy before, and when.
Questions worth asking in the consultation
How would undue hardship be judged in my situation?
Does the attestation process apply to my loans, and how are any private loans treated?
Which chapter fits my situation, and what would the adversary proceeding involve?
Which steps do I handle myself, such as credit counseling before filing? 6
Questions before
you start
Is it free to ask for an introduction?
Yes. You pay nothing to us. If you hire the lawyer, the fee is agreed between you and the lawyer.
Can student loans be discharged in bankruptcy?
Generally not, unless repaying them would impose an undue hardship on you and your dependents. You must prove that in a separate adversary proceeding inside the bankruptcy case. 1 2
Is the 2022 process still in use?
The U.S. Trustee Program's student loan guidance page, updated March 17, 2026, still lists the 2022 guidance and an attestation form dated May 2025. The Department of Education has told federal loan holders they may follow that process. 5 7
What about federal repayment plans?
Federal student loan repayment options changed under a law signed in 2025. For the current plans, check StudentAid.gov. 8
Do I have to hire the lawyer you introduce?
No. The consultation is there to answer your questions. Hiring the lawyer, filing on your own or not filing stays your decision.
Sources for this page8 official sources
- 11 U.S. Code § 523(a)(8) (Cornell LII)
- DOJ: Student Loan Discharge Guidance: Fact Sheet (Nov. 17, 2022)
- Glossary
- Filing Without an Attorney (uscourts.gov)
- U.S. Trustee Program: Student Loan Guidance
- Chapter 7 - Bankruptcy Basics
- FSA Partners: DCL GEN-23-13, Undue Hardship Discharge of Title IV Loans in Bankruptcy Adversary Proceedings (Oct. 19, 2023; updated Aug. 5, 2024)
- FSA Partners: Federal Student Loan Program Provisions Effective Upon Enactment Under the One Big Beautiful Bill Act (July 18, 2025)