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Does Bankruptcy Clear Student Loans?

Budget Seniors, October 25, 2026October 25, 2026
United States · Federal & private student loans · Rules checked October 25

Here’s the answer most people never hear: bankruptcy can clear student loans, but it doesn’t happen on its own. Filing Chapter 7 or Chapter 13 wipes out credit cards and medical bills automatically. Student loans stay behind unless you ask the bankruptcy judge to remove them through a separate request, called an adversary proceeding, and show that repaying them would be an “undue hardship.”

That second step used to be a losing fight. It isn’t anymore. Since late 2022, the Justice Department has used a standard form to review federal student loan cases, and borrowers who actually file are winning full or partial discharges most of the time. The catch is that hardly anyone files. This guide explains who qualifies, how the form’s math works, what private lenders do differently, and how the collections restart now under way changes your timing.

The short answer Student loans are not wiped out by a regular bankruptcy discharge. You must file an adversary proceeding inside your Chapter 7 or 13 case. For federal loans held by the Education Department, the government uses a streamlined attestation process, and the Justice Department reported that 98% of court-decided cases from November 2022 through March 2024 ended in full or partial discharge. Some private loans, such as those for unaccredited schools or amounts above the cost of attendance, can be erased by the ordinary discharge with no hardship test at all. The filing fee for a debtor’s adversary complaint is $0.
✓ Reviewed for accuracy Consumer Debt & Bankruptcy Desk Checked against Justice Department guidance, federal court fee schedules and Education Department releases
87%Success rate in a study of 652 student loan discharge cases
<1%Bankruptcy filers with student loans who even ask
$0Court fee for a debtor’s adversary complaint
9M+Federal borrowers in default as of June 30
Quick Answers Your Loan Type Federal Process Step by Step Quick-Check Tool Private Loans Chapter 7 vs 13 Default & Garnishment Your Situation Who to Call Verdict
Three doors for student loans in bankruptcyDoor one: federal loans held by the Education Department go through the Justice Department attestation process inside an adversary proceeding. Door two: qualified private loans need an adversary proceeding and proof of undue hardship against the lender. Door three: non-qualified private loans, such as loans for unaccredited schools or above the cost of attendance, can be wiped out by the ordinary discharge.Which door does your loan go through?Who holds the loan decides the path, not how big it is Your student loan Federal loans held by the Education Department: attestation track1FederalED-held loansAdversary +DOJ attestationMost winnable Qualified private loans: undue hardship fight against the lender2Private“qualified” loansAdversary +hardship proofOften settles Non-qualified private loans: wiped out by the ordinary discharge3Private“non-qualified”Regular dischargemay cover itNo hardship test Commercially held FFEL and Perkins loans sit in between: theholder may or may not follow the federal process.
Figure 1. Our map of the three routes. Check who holds each loan on your StudentAid.gov dashboard or credit report before you plan anything. Hover or tap a door.

Eight Straight Answers Before You Talk to a Lawyer

These are the questions people type at 2 a.m. when the loan balance won’t stop growing. Short answers first; the detail follows below.

1Does filing bankruptcy automatically erase student loans?

No. The regular discharge skips most student loans. You have to file a separate complaint, an adversary proceeding, asking the judge to discharge them.

2Is it really “nearly impossible”?

Not anymore. A 2025 study of 652 cases found 87% of borrowers who filed got relief. The real problem is that fewer than 1% of bankruptcy filers with student loans try.

3Is the federal streamlined process still running?

Yes. The Justice Department’s student loan guidance and attestation form remain posted on the U.S. Trustee Program’s website, and courts are still building programs around it.

4Do I have to be disabled or elderly to qualify?

No, but it helps. Being 65 or older, having a disability, long unemployment, an unfinished degree or 10+ years in repayment each create a presumption in your favor.

5Can private student loans be discharged?

Yes. Some are wiped out by the ordinary discharge, with no hardship test. Others need the same hardship proof as federal loans, fought against the lender.

6Will bankruptcy stop wage garnishment for student loans?

Generally yes, while the case is open, because the automatic stay halts most collection. Collections can restart after the case unless the loans themselves are discharged.

See alsoCan You File Bankruptcy on Student Loans?
7I filed bankruptcy years ago. Is it too late?

Often not. A student loan dischargeability complaint can be filed at any time, including after reopening a closed case. About a third of recent cases came from earlier bankruptcies.

8Will I owe taxes on the discharged balance?

Debt discharged in a bankruptcy case is excluded from federal taxable income, so a discharge through bankruptcy shouldn’t create a federal tax bill. Confirm state rules with a tax preparer.

The Real Answer Depends on Who Owns Your Loan

People ask “does bankruptcy clear student loans” as if there’s one rule. There are really three, and the deciding factor is the loan’s holder and how it was made, not the balance.

Loan typeCleared by regular discharge?Path to dischargeWho you faceRealistic odds
Direct Loans, Direct Consolidation, Parent PLUS (ED-held)NoAdversary proceeding + DOJ attestationU.S. Attorney’s OfficeStrong if facts fit the guidance
FFEL loans held by EDNoSame attestation trackU.S. Attorney’s OfficeStrong if facts fit
Commercially held FFEL, PerkinsNoAdversary; holder may or may not use the formGuaranty agency or schoolVaries; consolidating first may help
Private “qualified” education loansNoAdversary + undue hardship proofPrivate lender or servicerCase by case; settlements common
Private “non-qualified” loansOften yesOrdinary discharge orderLender may still try to collectGood, but verify the loan’s category
School tuition IOUs, payment plansDependsCourts split on whether these countThe schoolAsk a bankruptcy attorney
Direct, Parent PLUS (ED-held)Attestation
Auto dischargeNo
You faceU.S. Attorney
OddsStrong if facts fit
FFEL held by EDAttestation
Auto dischargeNo
OddsStrong if facts fit
Commercial FFEL, PerkinsVaries
You faceGuarantor or school
TipAsk about consolidating first
Private, qualifiedHardship fight
You faceLender
OddsCase by case
Private, non-qualifiedRegular discharge
Hardship testNot required
WatchLender may keep billing
School IOUsDepends
StatusCourts split

The first practical step is boring but decisive: find out exactly who holds each loan. For federal loans, log in to StudentAid.gov and look at the loan list; it shows the loan type and the current holder. If your FFEL loan shows a guaranty agency or bank instead of the Education Department, it may not get the streamlined review. Some attorneys suggest consolidating commercially held FFEL loans into a Direct Consolidation Loan before filing so they land on the federal track, but consolidation has side effects on interest and forgiveness credit, so talk it through first.

For private loans, pull your credit reports and your original loan paperwork. The details that matter are the school (was it eligible for federal aid?), your enrollment status (at least half-time?), and how much you borrowed compared with the school’s cost of attendance. Those three facts can move a private loan from “fight in court” to “already gone.”

Why Student Loans Get Special Treatment in Bankruptcy

Student debt didn’t always survive bankruptcy. Congress tightened the rule in stages, and judges filled the gap with a test that became famous for being brutal.

The rule lives in Section 523(a)(8) of the Bankruptcy Code. It says educational loans aren’t discharged unless keeping them would impose an “undue hardship” on you and your dependents. For years, federal loans could be discharged after they’d been in repayment for a set number of years. Congress removed that time-based escape for federal loans in 1998, and the 2005 bankruptcy overhaul extended the protection to most private education loans. So there’s no “seven-year rule” today. Anyone who tells you old loans drop off automatically is describing a law that no longer exists.

See alsoCan You File Bankruptcy on Student Loans?

Congress never defined “undue hardship.” Courts did. Most federal circuits use the Brunner test, named for a 1987 appeals court case from New York. It asks three questions, shown below. A minority of courts, notably in the Eighth Circuit, use a “totality of the circumstances” approach that weighs the same ideas more flexibly. For decades, judges applied Brunner so strictly that borrowers stopped trying. A widely cited 2020 study in the Duke Law Journal estimated that of roughly a quarter-million student loan debtors who filed bankruptcy each year, fewer than 300 discharged their educational debt.

The three questions of the undue hardship testQuestion one: can you keep a minimal standard of living and still repay the loan right now? Question two: is that inability likely to last for a significant part of the repayment period? Question three: have you made good-faith efforts to repay? You must answer in your favor on all three.The undue hardship test, in plain wordsYou need all three, not just one Present: you can’t pay and still cover basic living costs1Right nowPaying would push you below a minimal standard of living Future: the problem is likely to last2Going forwardThat inability will likely persist for much of the payoff period Good faith: you tried to deal with the loans3Good faithYou paid, called, applied for a plan or sought help Some courts use a looser “totality of the circumstances” test instead.
Figure 2. Our plain-language version of the Brunner test that most courts apply. The federal guidance described below tells government lawyers how to answer each question. Hover or tap a row.

How the Government’s Streamlined Process Works for Federal Loans

The legal test didn’t change in November 2022. What changed was how the government responds. Instead of fighting nearly every case, Justice Department lawyers now review a standard sworn form and, when the facts fit, tell the judge they agree the loans should go.

The form is called the attestation. It’s about 15 pages, signed under penalty of perjury, and it isn’t filed with the court. You send it to the Assistant U.S. Attorney handling your case after you file the adversary proceeding. The Education Department supplies your loan history. If the government concludes that all three Brunner questions favor you, it stipulates to the facts and recommends discharge, and the judge enters the order. If you can afford some payment but not all of it, the government can recommend a partial discharge.

When we worked through the current form line by line, what struck us most was how mechanical the first question has become. It doesn’t ask the government lawyer to guess whether you could live more cheaply. It compares your household income with expense allowances drawn from the IRS Collection Financial Standards, the same national and local tables the IRS uses when it negotiates back taxes. If your allowed expenses meet or exceed your income, you lack a present ability to pay. The guidance also tells government lawyers not to treat expenses you’ve gone without, like skipped medical care, as money available for loans.

How the attestation math works, two example householdsHousehold A: monthly income 3,400 dollars, allowed expenses 3,550 dollars, leaving a 150 dollar shortfall, which shows no present ability to pay. Household B: income 4,200 dollars, allowed expenses 4,000 dollars, leaving 200 dollars, which is less than a 450 dollar standard loan payment, pointing toward a possible partial discharge.The math behind question oneTwo illustrative households, monthly figures Household A Income: $3,400Income $3,400 IRS-standard expenses: $3,550Expenses $3,550 Shortfall of $150: no present ability to pay Household B Income: $4,200$4,200 IRS-standard expenses: $4,000$4,000 $200 left vs. $450 loan payment: partial discharge?
Figure 3. Our illustrative examples, not real cases. The form uses IRS expense standards for your household size and county, plus some actual costs. Hover or tap a bar.

The five facts that tilt question two in your favor

The second question, whether your situation will last, used to be where judges speculated about your future raises. The guidance replaces much of that guessing with presumptions. If any of the following applies, government lawyers start from the assumption that you won’t be able to repay in the future, and rebutting it takes concrete evidence, not hunches.

Five presumptions of continuing hardshipAny one of these creates a presumption that you can’t repay in the future: age 65 or older; a disability or chronic injury that limits income; unemployed at least five of the last ten years; never finished the degree the loan paid for; loan in repayment status other than in-school for at least ten years.Any one of these helps youEach creates a presumption your hardship will last Age 65 or older1Age 65 or older Disability or chronic injury limiting income2Disability or chronic injury that limits income Unemployed at least five of the last ten years3Unemployed 5 of the last 10 years Didn’t finish the degree the loan paid for4Never finished the degree the loan funded Loan out of school and in repayment status at least ten years5Loan out of school status for 10+ years
Figure 4. Our summary of the five presumptions in the federal guidance. Deferment and forbearance time generally counts toward the 10-year factor, since only “in-school” status is excluded. Hover or tap a row.

What “good faith” means now

Question three is the one people fear most, usually because they stopped paying years ago. The guidance takes a broad view. Good faith can be shown by making payments, applying for an income-driven plan, requesting deferment or forbearance, applying for consolidation, contacting your servicer about options, or working with a third party you believed would help, even if that turned out to be a bad company. Not enrolling in an income-driven plan isn’t automatically disqualifying; the form lets you explain why, such as a payment that still didn’t fit your budget or confusion about the system.

We found that the form leaves plenty of room for the messy reality of student loans: lost paperwork, servicer transfers, years in forbearance you didn’t really choose. Write those facts down honestly. A thin “good faith” section is one of the few places where a well-documented case can be weakened by carelessness.

See alsoCan You File Bankruptcy on Student Loans?
The gap between who tries and who winsFewer than 1 percent of bankruptcy filers with student loans file a request to discharge them. Of borrowers who did file during the first year of the new process, 87 percent got full or partial relief, according to a study of 652 cases. The Justice Department reported 98 percent of court-decided cases from November 2022 through March 2024 ended in full or partial discharge.Few try. Most who try win.Share of borrowers, three separate measures Filers with student loans who ask for dischargeUnder 1%Under 1% Filers who got relief (study of 652 cases)87%87% Court-decided federal cases with relief (DOJ)98%98% Relief includes full and partial discharges.
Figure 5. Our chart combining three published measures: an Emory study of filing rates, Professor Jason Iuliano’s 2025 study of first-year cases, and the Justice Department’s own survey of U.S. Attorneys’ Offices. Hover or tap a bar.

Those numbers deserve a careful reading. The 98% figure covers cases a court actually decided, which leaves out cases still pending or dropped. The 87% figure covers all student loan types in the first year. And the filing gap is enormous: an Emory study found 2,514 student loan adversary proceedings in the 23 months after the guidance arrived, a 330% jump, yet still fewer than 1% of bankruptcy filers with student loans. The takeaway isn’t that discharge is guaranteed. It’s that the main reason people don’t get relief is that nobody asks.

Courts are leaning in, too. In July 2026, the U.S. Bankruptcy Court for the Middle District of Florida, which covers Orlando, Tampa and Jacksonville, launched a Student Loan Discharge Program with document preparation software and an online portal for exchanging information with the Justice Department. An amended order in August clarified that it covers only loans held by the Education Department. Other districts have adopted their own procedures since 2022, so ask your local attorney whether your court has one.

Step by Step: How a Student Loan Discharge Case Actually Moves

This is the sequence most federal cases follow. Private loan cases share the first steps and then diverge.

1

Pull your loan records and take a credit counseling course

Download your loan details from StudentAid.gov and your credit reports. Before filing any bankruptcy, you must complete a credit counseling session with an agency approved by the U.S. Trustee Program within 180 days before your filing date. Many cost little or nothing for people with low incomes.

2

File Chapter 7 or Chapter 13

The court filing fee is $338 for Chapter 7 and $313 for Chapter 13. Chapter 7 fees can be paid in installments, and the court can waive the fee if your household income is below 150% of the federal poverty line and you can’t pay in installments. Filing triggers the automatic stay, which pauses most collection.

3

File the adversary proceeding

This is a short complaint asking the court to declare your student loans dischargeable, naming the Education Department and any other holders. When the debtor is the plaintiff in a Chapter 7 or 13 case, there’s no court filing fee. It can be filed alongside the bankruptcy, later in the case, or after reopening a closed case.

4

Send the attestation and documents

For federal loans, complete the attestation and provide supporting records: recent pay stubs, tax returns and proof of expenses that exceed the IRS standards. The U.S. Attorney’s Office handling your district reviews it with the Education Department.

5

Government recommendation, stipulation and judgment

If the facts fit, the government stipulates and recommends full or partial discharge, and the judge signs a judgment. If it doesn’t agree, you can negotiate, add facts, or take the case to trial, where the judge decides independently.

6

Confirm the loans are actually closed

Keep a copy of the judgment. Check StudentAid.gov and your credit reports over the next few months. If a servicer keeps billing you for a discharged loan, send the judgment and file a complaint with the Consumer Financial Protection Bureau.

The order of events in a federal student loan discharge caseA row of six numbered steps: credit counseling, bankruptcy filing, adversary complaint, attestation sent to the U.S. Attorney, government stipulation, and court judgment. The automatic stay pauses collection from the bankruptcy filing onward.The case, from first form to final orderTypical order; each district sets its own pace Credit counseling course1Counseling File Chapter 7 or 132Bankruptcy Adversary complaint, no fee for debtors3Complaint Attestation and documents to the U.S. Attorney4Attestation Government stipulates and recommends5Stipulation Judge signs discharge judgment6Judgment Automatic stay: most collection paused from step 2 Steps 3 and 4 can also start years later, after reopening aclosed case.
Figure 6. Our diagram of the usual sequence. Private loan cases replace steps 4 and 5 with negotiation or litigation against the lender. Hover or tap a step.

What it costs

The court costs are small and fixed. Attorney fees are where the price swings. Some bankruptcy firms quote a flat add-on for the student loan complaint, others bill hourly, and some legal aid offices and law school clinics handle these cases for free or on a sliding scale. A study of the first year of the new process noted that some lawyers, assuming the cases were futile, quoted very high fees for them. If you get a quote that’s several times the cost of the bankruptcy itself, get a second one from an attorney who handles these cases regularly.

See alsoCan You File Bankruptcy on Student Loans?
Chapter 7 court fee · $338 Chapter 13 court fee · $313 Adversary complaint by debtor · $0 Fee waiver if income under 150% of poverty line Attorney fees · vary widely, compare quotes Credit counseling · low or no cost

Attestation Quick-Check

Enter rough numbers to see how your situation lines up with the three questions the government asks. It mirrors the logic of the form, not its exact tables, so treat it as a conversation starter for a lawyer.

Your answers stay on this page; nothing is sent anywhere
Future presumptions (check any that apply) Good faith
$0Left after expenses each month
$010-year standard payment
—How the questions line up

If these results never change, your site may be blocking scripts in this block. Ask your site admin to allow scripts in Custom HTML, or exclude this page from script-delay settings in your caching plugin.

For the expense box, use what you actually spend on housing, utilities, food, transportation, health care, child care and taxes not already taken from your pay. The real form substitutes IRS allowances for some categories, which can be higher or lower than what you spend, so a result close to zero could tip either way. The payment figure assumes the 10-year standard plan, which the guidance uses as its benchmark, not your income-driven payment.

When we ran our two Figure 3 households through the tool, Household A came out with a shortfall and a strong reading on all three questions once one presumption was checked. Household B showed money left over but less than the standard payment, which is the classic setup for a partial discharge. Try unchecking every presumption: the reading weakens, but it doesn’t disappear, because you can still describe other facts showing your situation will last.

Private Student Loans: Two Very Different Doors

Private lenders aren’t bound by the Justice Department’s guidance. But many private loans were never protected by the student loan exception in the first place, and lenders sometimes act as though they were.

The bankruptcy protection for private loans covers “qualified education loans,” a definition borrowed from the tax code. A loan that doesn’t meet that definition is treated like any other unsecured debt and is wiped out by the standard discharge order. The Consumer Financial Protection Bureau has listed common examples: loans for schools that aren’t eligible for federal student aid, such as unaccredited colleges, some foreign schools and unaccredited trade or certificate programs; loans to students enrolled less than half-time; loans for medical or dental residency; bar exam loans in many cases; and the portion of any loan that exceeded the school’s cost of attendance, which often happens when money was paid directly to the borrower instead of the school. A federal appeals court in New York reached a similar conclusion in 2021 for loans made above the cost of attendance.

The CFPB has also found servicers treating nearly all private loans as surviving bankruptcy and restarting collection anyway, and it sued one major servicer in 2023 over exactly that practice. If you received a bankruptcy discharge and a private lender is still billing you, don’t assume it’s right. Ask for the loan’s origination records and school certification, and have a bankruptcy attorney review whether the loan was ever covered.

See alsoCan You File Bankruptcy on Student Loans?

For private loans that do qualify, you face the same undue hardship test, but with no standardized form and a lender on the other side. That sounds worse than it often is. Litigation costs the lender money too, and many private cases end in settlements: a reduced balance, a lower rate, or a payment you can carry. Some private lenders also have their own hardship or settlement programs outside bankruptcy, especially for defaulted accounts.

Is your private student loan protected in bankruptcy?Was the school eligible for federal aid? If no, the loan may be discharged normally. If yes, were you enrolled at least half-time? If no, it may be discharged normally. If yes, did the loan exceed the cost of attendance minus other aid? If yes, the excess may be discharged normally. If no, the loan is likely qualified and needs an undue hardship case or settlement. School eligible forfederal student aid?NoLikely non-qualifiedregular discharge Yes Enrolled at leasthalf-time?NoLikely non-qualifiedregular discharge Yes Borrowed more thancost of attendance?YesExcess portionmay be discharged No Likely qualifiedhardship case or settlement
Figure 7. Our simplified screening flow based on the CFPB’s published categories. Residency and bar study loans are other common non-qualified examples. An attorney should confirm the classification.
If someone cosigned your private loan

Your bankruptcy protects you, not your cosigner. Once you file, the lender can still pursue a parent or relative who cosigned, and in Chapter 7 nothing stops that. Chapter 13 includes a co-debtor stay for consumer debts that can shield a cosigner while your plan runs, but it has limits. Warn your cosigner before you file, and ask the lender whether it offers a cosigner release or death and disability discharge.

Cosigner stays liableChapter 13 co-debtor stayTell them before filing

Chapter 7 or Chapter 13 for Student Loans?

Both chapters allow an adversary proceeding. The choice usually depends on your income, what you own and what else you owe, not on the student loans themselves.

FeatureChapter 7Chapter 13
Who qualifiesMust pass the means test based on incomeRegular income needed; debt limits apply
LengthUsually a few months to discharge3 to 5 year repayment plan
Court filing fee$338$313
Student loan adversaryAllowed; can be filed later tooAllowed; can run during the plan
Student loans during the caseCollection paused while stay is in effectOften paid little or nothing through the plan; interest usually keeps accruing
Protects a cosigner?NoPartly, via co-debtor stay
Credit reportCan stay up to 10 yearsTypically removed after 7 years
Best fitLower income, few assetsWant to keep a home or car, catch up on arrears
Chapter 7Fast
QualifyMeans test
LengthA few months
Fee$338
CosignerNot protected
Credit reportUp to 10 years
Chapter 13Plan
QualifyRegular income
Length3 to 5 years
Fee$313
CosignerCo-debtor stay
Credit reportUsually 7 years
How long each chapter keeps you in bankruptcyChapter 7 usually reaches discharge within a few months. Chapter 13 lasts three to five years. In both, a student loan adversary proceeding can be filed and decided during the case, and in Chapter 7 it can also be filed after reopening the case.Time spent in the caseRough length, in years 012345 Chapter 7Chapter 7: often a few monthsa few months Chapter 13Chapter 13: up to 5 yearsChapter 13: at least 3 years3 years minimumup to 5 A student loan complaint can be decided during either case.
Figure 8. Our simplified timeline. Your district’s schedule, objections and the adversary case itself can stretch either chapter. Hover or tap a bar.

One tactical point gets missed often. A Chapter 13 plan can lower what you pay on student loans for several years while your other debts get handled, and the adversary proceeding can run alongside it. If your income is borderline for Chapter 7, or you’d lose property in a liquidation, that combination can make sense. But interest on nondischargeable student loans generally continues to build during the plan, so if the adversary case fails, you may come out owing more than when you started.

Default, Garnishment and the Collections Restart

Timing matters right now. Federal collections have been paused and threatened in turns, and the latest reporting points to a restart of wage garnishment and benefit offsets in the coming months.

How federal student loan collections have shiftedMay 2025: Treasury tax refund offsets resume. January 16, 2026: Education Department delays wage garnishment and Treasury offset. March 19, 2026: Education and Treasury sign an agreement moving defaulted loan collection to Treasury. July 1, 2026: the Repayment Assistance Plan launches. September 30, 2026: Defaulted Loans Support Center opens. October 2026: reports say Treasury is hiring private collectors and preparing garnishment and offsets.The collections roller coasterKey federal moves on defaulted loans Treasury offset of tax refunds resumesMay 2025Tax refund offsets resume Involuntary collections delayedJan 16, 2026Garnishment and offsets put on hold Treasury takes over defaulted collectionsMar 19, 2026Treasury agreement on defaulted loans New repayment plan launchesJul 1, 2026Repayment Assistance Plan starts Online default help center opensSep 30, 2026Defaulted Loans Support Center opens Reports of private collectors and garnishment prepOct 2026Reports: collectors hired, garnishmentand offsets being readied
Figure 9. Our timeline compiled from Education Department and Treasury releases and recent news reports. Reported plans can change; watch for official notices. Hover or tap an event.

Here’s where things stand. On January 16, 2026, the Education Department delayed administrative wage garnishment and Treasury offset for defaulted federal loans while it rolled out repayment changes from the 2025 budget law. In March, the department signed an agreement handing defaulted loan collection to the Treasury Department. On September 30, the two agencies opened the Defaulted Loans Support Center on StudentAid.gov, where borrowers can apply online to rehabilitate or consolidate defaulted loans. And in mid-October, Forbes and other outlets reported that Treasury is bringing on private collection agencies and preparing to restart garnishment and benefit offsets, possibly reaching refunds from the upcoming tax filing season. As of this check, no official restart date had been published.

See alsoCan You File Bankruptcy on Student Loans?

The scale is large. Education Department data show more than 9 million borrowers in default as of June 30, owing about $234 billion, roughly 14% of the federally managed portfolio. Garnishment can take up to 15% of disposable pay without a court order, and offsets can take federal tax refunds and part of Social Security benefits. Borrowers are supposed to get written notice first, typically 30 days before garnishment begins.

Bankruptcy interacts with all of this in two ways. First, filing triggers the automatic stay, which generally stops wage garnishment and most other collection while your case is open. That breathing room ends when the case closes, unless your student loans were discharged. Second, if you’re in default and planning bankruptcy anyway, adding the student loan complaint is the step that can make the relief permanent. Getting out of default first, through rehabilitation or consolidation, can also show good faith, so the two paths aren’t mutually exclusive.

If you’re in default and haven’t filed anything yet

Open StudentAid.gov and check whether your loans show the Default Resolution Group as holder. Read every notice that arrives by mail; the dates in it set your deadlines to request a hearing or a hardship review. Compare rehabilitation, which removes the default notation from your credit report after you finish, with consolidation, which is faster but leaves the default history visible. If you have other overwhelming debts too, book a bankruptcy consultation before garnishment starts rather than after.

Defaulted Loans Support CenterDefault Resolution Group · 1-800-621-3115Watch the 30-day notice

The new repayment plan changes the math

The Repayment Assistance Plan launched July 1, 2026. It sets payments as a percentage of adjusted gross income, from 1% to 10%, with a $10 monthly minimum and a $50 reduction for each dependent. It replaces most older income-driven plans for new loans; Income-Based Repayment survives for existing borrowers, while ICR and PAYE are being phased out by July 2028, and borrowers still in SAVE have been receiving final notices to switch. For some people, especially those with very low incomes, RAP is a workable alternative to bankruptcy. For others, the payment jump compared with SAVE is exactly what pushed them toward a discharge case.

Two cautions. A lower income-driven payment doesn’t necessarily defeat an undue hardship claim, because the federal guidance measures your ability to pay against the 10-year standard plan. And time spent in RAP or any plan can strengthen the good faith part of your case later. Use StudentAid.gov’s Loan Simulator to see your projected payment before deciding which route to take.

Before You File: Discharges That Don’t Need a Courtroom

Several federal programs erase student loans with an application instead of a lawsuit. Check them first; one of them may fit better and faster.

ProgramWho it’s forWhat it erasesHow to start
Total and Permanent Disability dischargeSSA disability recipients, VA unemployability or service-connected disability, or physician certificationFederal loans, including Parent PLUSTPD servicer · 1-888-303-7818
Closed school dischargeSchool closed while you attended or soon after you leftFederal loans for that schoolYour servicer or StudentAid.gov
Borrower defense to repaymentSchool misled you or broke certain lawsFederal loans for that schoolHotline · 1-855-279-6207
Public Service Loan ForgivenessGovernment and qualifying nonprofit workersRemaining balance after 120 qualifying paymentsStudentAid.gov PSLF tool
Income-driven plan forgivenessLong-term IBR or RAP borrowersRemaining balance after the plan termYour servicer
Death dischargeBorrower’s death; Parent PLUS if parent or student diesFederal loansServicer, with death record
See alsoCan You File Bankruptcy on Student Loans?
Disability (TPD)Federal
ForSSA, VA or doctor-certified
Call1-888-303-7818
Closed schoolFederal
ForSchool shut down
StartServicer
Borrower defenseFederal
ForSchool misconduct
Call1-855-279-6207
PSLFPublic service
Needs120 qualifying payments
IDR forgivenessLong term
PlansIBR, RAP
Death dischargeFederal
StartServicer, death record

These aren’t just alternatives; they also shape a bankruptcy case. If you might qualify for a disability discharge, applying first could save you a lawsuit entirely. If you attended a school that later closed or was found to have misled students, a borrower defense or closed school claim may cover loans that bankruptcy would treat the same as any other. And if you’re five years from PSLF forgiveness in a public job, a bankruptcy discharge probably isn’t the right tool at all.

Which Situation Sounds Like Yours?

The same law plays out very differently depending on your age, loan type and history. Find the closest match.

You’re a parent, 65 or older, with Parent PLUS loans

This is one of the strongest fact patterns under the federal guidance. Parent PLUS loans held by the Education Department go through the attestation process, and being 65 or older creates the presumption that your hardship will last. If your retirement income doesn’t cover your IRS-standard expenses, you may meet the present-inability question too. The guidance also treats forced sale of a home or draining retirement accounts as something that should be exceptionally rare.

Age 65+ presumptionParent PLUS on federal trackRetirement accounts usually safe
You have a disability

Compare two routes before choosing. A Total and Permanent Disability discharge erases federal loans by application if you have SSA or VA documentation or a doctor’s certification. Bankruptcy can cover private loans and other debts at the same time, and the disability presumption applies without requiring a formal medical opinion. Many people apply for TPD first and use bankruptcy for whatever remains.

TPD · 1-888-303-7818Disability presumption
You borrowed but never finished the degree

Not finishing is itself one of the five presumptions, which surprises many borrowers who feel ashamed of it. Pair that with income that doesn’t stretch past basic expenses, and your federal case may be stronger than you think. Check, too, whether the school closed or faced misconduct findings, which could open closed school or borrower defense claims.

No-degree presumptionCheck school’s history
You already went through bankruptcy years ago

You may not need to file a new case. A complaint to determine whether student loans are dischargeable can be brought at any time, and courts can reopen a closed case for that purpose. The Emory study found about a third of recent student loan adversary proceedings came from prior bankruptcies. Ask the clerk or an attorney about reopening; fees tied to discharge-related reopening are often waived or deferred.

Reopen old caseNo deadline for the complaint
You’re in default and a garnishment notice just arrived

Act inside the notice window. You can request a hearing or object based on financial hardship, start rehabilitation or consolidation through the Defaulted Loans Support Center, or talk to a bankruptcy attorney about filing, which generally stops garnishment through the automatic stay. If you file, add the student loan complaint so the relief outlasts the case.

Don’t miss the notice deadlineDefault Resolution Group · 1-800-621-3115
You went to an unaccredited or for-profit trade program on private loans

Check whether the school was eligible for federal aid when you attended. If it wasn’t, the private loan may never have been protected, and a regular discharge may already cover it, with no hardship case needed. If you already received a discharge and the lender kept collecting, keep every statement; that’s the conduct the CFPB has pursued servicers for.

See alsoCan You File Bankruptcy on Student Loans?
Check Title IV eligibilitySave collection letters
You live in central or north Florida

The Middle District of Florida’s Student Loan Discharge Program, launched in July 2026, gives debtors and attorneys document preparation software and a portal for exchanging the discharge package with the Justice Department. It covers only loans held by the Education Department. Ask any local bankruptcy attorney whether they participate.

Orlando, Tampa, Jacksonville areaED-held loans only
You earn a good salary but owe a huge balance

Be realistic. If your income comfortably exceeds the IRS expense standards for your household, the government will likely say you can pay, possibly offering a partial discharge at most. Your better tools may be IBR or RAP, PSLF if you work in public service, or refinancing private loans. Bankruptcy is built for people whose budgets genuinely don’t close.

Partial discharge at mostConsider IBR, RAP, PSLF

Places to Call or Visit

Every number below comes from the agency’s own published contact pages. Calls to federal lines are free; anyone asking you to pay for access to these programs isn’t the government.

#WhoPhone or siteUse it for
1Federal Student Aid Information Center1-800-433-3243Loan holder, status, general questions
2Default Resolution Group1-800-621-3115Defaulted federal loans, rehabilitation, garnishment
3Defaulted Loans Support Centerstudentaid.gov/default-supportApply online to rehabilitate or consolidate
4Treasury Offset Program1-800-304-3107Check whether a refund or benefit offset is flagged
5Disability discharge servicer1-888-303-7818Total and Permanent Disability discharge
6Borrower Defense Hotline1-855-279-6207Claims that a school misled you
7Justice Department student loan guidancejustice.gov/ust/student-loan-guidanceThe attestation form and guidance text
8Approved credit counseling agenciesU.S. Trustee Program listRequired pre-filing course
9Consumer Financial Protection Bureau1-855-411-2372Complaints about servicers collecting discharged loans
10LawHelp.orglawhelp.orgFree legal aid by state
11FTC fraud line1-877-382-4357Report student loan debt relief scams
12211 helplineDial 211Local financial counseling and legal clinics
1 · FSA Information CenterFederal
Phone1-800-433-3243
2 · Default Resolution GroupDefault
Phone1-800-621-3115
3 · Defaulted Loans CenterOnline
Sitestudentaid.gov/default-support
4 · Treasury OffsetRefunds
Phone1-800-304-3107
5 · Disability dischargeTPD
Phone1-888-303-7818
6 · Borrower defenseSchool claims
Phone1-855-279-6207
7 · DOJ guidanceForms
Sitejustice.gov/ust
8 · Credit counselingRequired
FindU.S. Trustee list
9 · CFPBComplaints
Phone1-855-411-2372
10 · LawHelp.orgLegal aid
Sitelawhelp.org
11 · FTCScams
Phone1-877-382-4357
12 · 211Local help
PhoneDial 211
Tap-friendly contacts
FSA · 1-800-433-3243 Default Resolution · 1-800-621-3115 Defaulted Loans Support Center Treasury Offset · 1-800-304-3107 Disability discharge · 1-888-303-7818 Borrower defense · 1-855-279-6207 DOJ attestation form Approved credit counselors CFPB · 1-855-411-2372 LawHelp.org Dial 211

Find help near you on Bing Maps

Results come from Bing Maps listings. Ask each office whether it has handled student loan adversary proceedings and how it charges for them. Your location is used only to build the map link.
See alsoCan You File Bankruptcy on Student Loans?

Questions for a Lawyer, and Red Flags to Walk Away From

A short consultation goes much further when you walk in with the right questions and your loan list printed out.

Seven questions for your consultation

How many student loan adversary proceedings have you filed, and what happened? Do you use the federal attestation process, and does our court have its own procedure? Which of my loans qualify for it, and should any be consolidated first? Are any of my private loans non-qualified? What’s your fee for the student loan complaint, separate from the bankruptcy? How long have these cases taken in this district? What happens to my cosigner?

Ask about track recordSeparate fee quoteCosigner impact
Red flags

A company that promises to “erase” federal loans for an upfront fee. Anyone who asks for your StudentAid.gov password. A pitch claiming you qualify for a secret government program. A bankruptcy lawyer who says student loans can never be discharged without asking a single question about your loans. Federal law bars debt relief companies from charging fees before they deliver results in many telemarketing situations, and everything the government offers, from rehabilitation to disability discharge, is free to apply for.

No upfront fees for “forgiveness”Never share your FSA loginReportFraud.ftc.gov

Nationally, nonbusiness bankruptcy filings reached about 581,570 in the 12 months ending June 30, 2026, up 12% from the year before, according to federal court figures. More people are weighing this option, which also means more firms are marketing to borrowers. Stick with licensed attorneys, legal aid offices and the federal agencies listed above.

Could Congress Make This Easier?

Bills are pending, but none has become law. The Student Loan Bankruptcy Improvement Act, introduced in the House in July 2025, would strike the word “undue” from the hardship standard, giving judges room to adopt a gentler test. The Private Student Loan Bankruptcy Fairness Act would remove most private student loans from the discharge exception entirely. Similar proposals have been introduced for years without passing.

Meanwhile, the 2025 budget law that created RAP and new borrowing caps left the Bankruptcy Code’s student loan rule unchanged. So plan around the law as it stands: the undue hardship test, the federal attestation process, and the private loan categories described above. If a bill passes later, a case filed under today’s rules can still be valuable, and the reopening option described earlier means you rarely lose the chance to try again.

Our Verdict

If your budget genuinely doesn’t close

Bankruptcy can clear student loans, and for federal loans held by the Education Department, the odds favor borrowers who actually file. Confirm who holds each loan, run your numbers against the three questions, check the five presumptions, and ask a bankruptcy attorney to file the adversary proceeding with your case. If you’re in default, move before garnishment restarts.

Check loan holderFile the adversaryUse the attestation
If you have private loans

Screen them first. Loans for unaccredited schools, less-than-half-time study, residency or bar study, or amounts above the cost of attendance may already be dischargeable. For qualified private loans, an adversary proceeding is still worth pricing, because lenders frequently settle.

Screen for non-qualifiedSettlement leverage
Your first three movesMove one: pull your StudentAid.gov loan list and credit reports to see who holds each loan. Move two: check federal discharge programs such as disability, closed school and borrower defense. Move three: book a bankruptcy consultation and ask specifically about a student loan adversary proceeding.Your first three moves this weekMost can be done from a phone in an evening Find out who holds each loan1Pull your loan listStudentAid.gov plus your three credit reports Rule out simpler discharges2Check application dischargesDisability, closed school, borrower defense Book a consultation and ask about the adversary proceeding3Book a bankruptcy consultAsk directly about a student loan adversary case
Figure 10. Our recommended starting order. Bring the loan list and your last two months of pay stubs to the consultation. Hover or tap a step.

Questions people still ask

Can bankruptcy clear student loans completely, or only part?

Either. The government can recommend a full discharge when you can’t pay anything, or a partial discharge that reduces the balance to an amount you can afford over the standard repayment period. Judges can also grant partial relief after a trial.

See alsoCan You File Bankruptcy on Student Loans?

Do I need a lawyer to file the adversary proceeding?

It isn’t legally required, and the attestation form was designed to reduce paperwork. Still, the complaint must be served correctly on the right parties, and an attorney familiar with your district can avoid delays. Legal aid offices and law school clinics sometimes help at no cost.

How long does a student loan discharge case take?

It varies by district and by whether the government agrees. A case where the government stipulates can wrap up within months; contested cases take longer. Early research found processing times were slower at first and returning toward historical norms.

Is there a seven-year rule for student loans in bankruptcy?

No. Time-based discharge of federal student loans was eliminated in 1998. Ten or more years in repayment now matters only as one of the presumptions that help prove your hardship will last.

Will my retirement account or home be taken to pay student loans?

Bankruptcy exemptions protect most retirement accounts, and homestead protection varies by state. Under the federal guidance, government lawyers are told that requiring borrowers to sell a home or liquidate retirement savings to pay student loans should be exceptionally rare.

Can I discharge Parent PLUS loans in bankruptcy?

Yes, through the same adversary proceeding and attestation process when the loans are held by the Education Department. Many Parent PLUS borrowers are older, which can trigger the age 65 presumption.

Does bankruptcy stop student loan wage garnishment?

The automatic stay generally stops garnishment and most collection while your case is pending. If the student loans aren’t discharged, collection can resume after the case ends.

What if a servicer keeps billing me after my loans were discharged?

Send a copy of the discharge order or judgment, keep records of every bill, and file a complaint with the Consumer Financial Protection Bureau. Collecting on a discharged debt can violate the discharge injunction, which your bankruptcy court can enforce.

Does filing bankruptcy hurt my chances of future federal student aid?

Federal student aid can’t be denied solely because you filed bankruptcy. A prior disability discharge, however, comes with its own rules about borrowing again, so check those before taking new loans.

Should I wait for Congress to change the law?

Probably not if you’re struggling now. Pending bills haven’t passed, and the current federal process already produces relief for most borrowers who use it. Because the complaint can be filed later, waiting rarely gains you anything.

How this page was checked. The attestation process and presumptions come from the Justice Department’s November 2022 guidance and the U.S. Trustee Program’s student loan page. Outcome figures come from the Justice Department’s July 2024 survey release, Professor Jason Iuliano’s 2025 American Bankruptcy Law Journal study and an Emory Bankruptcy Developments Journal study. Court fees come from the federal bankruptcy court fee schedule. Collections and default data come from Education Department and Treasury releases as of October 25, plus reporting where noted. The quick-check tool and illustrations are our own simplified models.

This page is general information, not legal advice. Bankruptcy has lasting effects on credit and property; talk with a licensed bankruptcy attorney or legal aid office about your situation.

Key sources: U.S. Department of Justice · U.S. Courts · Federal Student Aid · U.S. Treasury · CFPB

Recommended Reads

  1. Can You File Bankruptcy on Student Loans?
  2. How to Consolidate Student Loans Without Losing Your Best Repayment Options
  3. How to Refinance Student Loans Now That the Federal Rules Have Changed
  4. How to Get Student Loan Forgiveness
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