Bankruptcy Relief
The rules changed in 2022. Discharging student loans in bankruptcy is now more realistic than ever, and our attorneys are actively using these new pathways to help borrowers get real, permanent relief.
Programs available to you
For decades, people were told that student loans could never be discharged in bankruptcy. That was never entirely true — and today it is less true than ever. New Department of Justice guidelines issued in 2022 created a cleaner, more accessible pathway to discharge. If repayment is causing genuine, lasting hardship, there is now a defined process to erase your loans in court — and we help you pursue it.
Chapter 7 is a liquidation bankruptcy that eliminates most unsecured debts. Student loans require a separate step called an adversary proceeding, where you ask the court to discharge them by demonstrating undue hardship. For the right borrower, this is one of the most powerful debt relief tools available. — Fresh start
Chapter 13 restructures your debt into a 3 to 5 year payment plan you can actually afford. Collection stops, lawsuits pause, and you get real breathing room. Student loans are often treated as low-priority within the plan — meaning you may pay very little on them during that period while protecting your other assets. — Structured relief
To discharge student loans, you must show the court that repaying them would impose an undue hardship on you and your dependents. Courts look at your income, expenses, and whether your situation is likely to improve. Our attorneys know exactly how to build and present this case based on your specific circumstances. — Legal standard
The Department of Justice and Department of Education introduced a simplified attestation process in 2022. Instead of full litigation, eligible borrowers complete a detailed financial form and the government often agrees not to contest the discharge. This has opened the door to discharge for many more people than ever before. — New pathway
Not sure where to start?
Use a short private questionnaire to find topics and services you may want to explore.
Start the simple quizEligibility
The process
You don't need legal expertise, court experience, or anything beyond your financial situation. Our attorneys build the case and take it all the way to the courtroom.
We review your income, expenses, loan types, and financial history to determine whether you meet the undue hardship standard and which bankruptcy chapter makes sense for your situation.
Our attorneys prepare and file your Chapter 7 or Chapter 13 petition. Student loans are included from the start, setting the stage for the discharge proceeding that follows.
This is the separate lawsuit within the bankruptcy case where we formally ask the court to discharge your student loans. We build the full legal argument and present your case with documentary evidence.
We represent you through every stage — responding to the Department of Education, attending hearings, and following through until the court rules on your discharge. You don't have to manage any of it.
Real results
$94,000
"I'd been paying for 17 years with barely a dent. Once the attorneys filed the adversary proceeding and documented my financial situation, the DOE didn't contest it." — David M. · Permanent disability · Approved 2024
$58,000
"The hardship was real and the attorney knew exactly how to document it. Eighteen months from filing to discharge, and I handled nothing myself." — Renee S. · Single parent · Medical debt circumstances · 2024
$41,000
"My income hadn't grown in over a decade and my debt had ballooned with interest. The attorneys laid out the case and the court approved the discharge." — Victor L. · Public school teacher · Approved 2023
Common questions
That was a common misconception even among attorneys. Student loans require an extra step compared to other debts, but they can absolutely be discharged. The 2022 DOJ and DOE guidance made the process significantly more accessible, and our attorneys use it regularly.
Yes. Student loan bankruptcy is a niche area that requires both bankruptcy expertise and student loan knowledge. Most general bankruptcy attorneys aren't familiar with the 2022 DOJ guidance or the adversary proceeding process. Our attorneys specialize in this specifically.
Private loans can also be discharged through bankruptcy using the same undue hardship standard. Private lenders are often less aggressive than the government in contesting discharge, which can make private loan cases more straightforward.
Bankruptcy does show up on your credit report for 7 to 10 years. But for borrowers already in default with collections and missed payments, the credit damage has often already occurred. Our attorneys walk you through the full tradeoffs before you make any decision.
Student loan payments may be very low or suspended during the Chapter 13 plan period. After completing the plan, the discharge covers other debts, and you can often negotiate better terms on any student loans that remain.
Chapter 7 cases typically close in 3 to 6 months. The student loan adversary proceeding takes additional time and varies by court and circumstances. Our attorneys give you a realistic timeline at the start of your case.
From the blog
Bankruptcy
The 2022 DOJ policy shift made student loan bankruptcy discharge significantly more achievable. Learn how the attestation process works and what courts look for in 2025.
Bankruptcy
An adversary proceeding is a separate lawsuit filed inside your bankruptcy case to discharge student loans. Learn the step-by-step process, who the parties are, and what you must prove.
Bankruptcy
Both Chapter 7 and Chapter 13 allow student loan discharge through an adversary proceeding, but they differ in speed, eligibility, and asset protection. Here's how to choose.
The law has changed. Our attorneys review your situation for free and tell you honestly whether bankruptcy discharge is an option worth pursuing — before you commit to anything.
Start my free review