Student loan discharge screener

Screening tool only. Whether student loans can be discharged depends on highly fact-specific judicial analysis. This screener applies the Brunner test factors used by most federal circuits. Results are a preliminary assessment only - not a prediction of outcome. See our full disclaimer.

Student loan undue hardship screener

Your student loan discharge assessment

Talk to a student loan bankruptcy attorney - free

Adversary proceedings for student loan discharge are complex and require an experienced bankruptcy attorney. Many work on contingency or flat fee. A consultation costs nothing and takes 30 minutes.

What is the undue hardship standard for student loan discharge?

Student loans are non-dischargeable in bankruptcy by default under 11 U.S.C. § 523(a)(8). To discharge them, you must file a separate adversary proceeding and prove "undue hardship" - a higher bar than the general bankruptcy discharge.

Most federal circuits apply the Brunner test, which has 3 prongs: (1) you can't maintain a minimal standard of living for yourself and your dependents while repaying the loans, (2) your financial situation is likely to persist for most of the repayment period, and (3) you've made good-faith efforts to repay.

The 8th Circuit uses the "totality of circumstances" test instead, which is broader and more flexible. The 1st Circuit applies a hybrid approach. An attorney confirms which standard your court applies. If you're also dealing with other debts, the debt discharge estimator shows what else might be eliminated in the same bankruptcy case.

What did the 2022 DOJ guidance change?

In November 2022, the DOJ and Department of Education issued joint guidance creating a standardized attestation form for student loan discharge proceedings. It directed U.S. Attorneys to support discharge when the borrower's attestation meets specific criteria - rather than opposing every adversary proceeding automatically.

This made discharge more accessible for borrowers who are elderly, permanently disabled, or whose income has been low for many years with no realistic improvement prospect. Courts are still the decision-makers, but the DOE no longer fights every case to the mat.

The change doesn't eliminate the undue hardship requirement - it streamlines how the government evaluates and responds to adversary proceedings. Qualified borrowers still need an attorney and a properly filed adversary complaint. The Chapter 7 means test shows whether you'd qualify for the broader Chapter 7 discharge that would accompany the adversary proceeding.

Does the type of student loan matter?

Yes. Federal student loans (Direct Loans, FFEL, Perkins) are clearly covered by § 523(a)(8) and require the undue hardship showing. Private student loans - loans from banks or credit unions that weren't made under a federal program - may be dischargeable without proving undue hardship if they don't qualify as "educational benefit" loans under the statute.

Courts are split on private loan dischargeability. Some circuits allow discharge of private loans that weren't used for qualified education expenses at an accredited institution. This is a rapidly developing area of law. If a significant portion of your loans are private, an attorney can assess whether a challenge to their non-dischargeability status is viable before even filing an adversary proceeding.

Frequently asked questions

Potentially yes. Some private loans may be dischargeable without proving undue hardship if they don't qualify as "educational benefit" loans under 11 U.S.C. § 523(a)(8). Courts are split on this. Loans from private lenders that weren't made under a federal program and weren't used for qualified education expenses at an accredited school may fall outside the protected category. An attorney reviews the specific loan documents to assess dischargeability without the undue hardship showing.

The Brunner test has 3 prongs that must all be satisfied. First: you can't maintain a minimal standard of living for yourself and dependents while making loan payments. Second: your financial hardship is likely to persist for most of the repayment period - meaning your situation isn't temporary. Third: you've made good-faith efforts to repay, which courts assess by looking at payment history, income-driven repayment enrollment, and any hardship deferments or forbearances you've sought. Failing any single prong defeats the entire claim in Brunner circuits.

Student loan discharge requires filing an "adversary proceeding" - a mini-lawsuit within your bankruptcy case. You file a complaint naming the loan servicer (and the Department of Education for federal loans) as defendants. The complaint alleges undue hardship and requests discharge. The servicer then reviews the claim against the DOJ/DOE attestation form criteria. If they don't oppose, you may get a consent judgment. If they oppose, the case goes to a hearing where you present evidence. An attorney handles this entire process.

In Chapter 13, student loans are treated as non-priority unsecured debt. During the plan, you make plan payments to the trustee, who distributes funds to creditors. Student loan servicers typically receive little or nothing during the plan. After the plan completes, the remaining student loan balance is still owed - unchanged except for any interest that accrued. The benefit of Chapter 13 is that it pauses collection and gives you 3 to 5 years of breathing room while eliminating other unsecured debt through the plan.

For many borrowers, yes. Income-driven repayment (IDR) plans cap federal loan payments at 5% to 10% of discretionary income and forgive remaining balances after 20 to 25 years. The SAVE plan (currently in legal flux) offered even more favorable terms. IDR is easier to obtain than a bankruptcy discharge and doesn't require litigation. However, IDR doesn't work for private loans, doesn't eliminate the debt now, and the forgiven amount may be taxable. An attorney helps you compare IDR vs. adversary proceeding based on your loan type, income, and age.