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Are student loans dischargeable now?

CAdeepwater1 month ago

Heard the rules changed. Can I discharge federal student loans in bankruptcy now?

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✓ Verified answer from a licensed attorney — shown first

Adina Cohen avatarAdina CohenVerified Attorney1 month ago

Easier than before, still not easy. In late 2022 DOJ issued guidance creating a much friendlier 'undue hardship' procedure for federal student loans in bankruptcy. Attorneys file an attestation; DOJ stipulates to discharge if criteria are met (low income, no realistic ability to repay over the loan term, good-faith repayment efforts). Anecdotally, discharge rates jumped from <1% pre-2022 to a much higher number under the new procedure when filers are well-screened. Private student loans are a separate analysis and have always been somewhat harder. Worth an adversary-proceeding consult if you have $50k+ in federal loans and meet the income criteria.

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Please readThis is a community space for sharing personal experience — it is not legal advice, and posts here are not from Lawma or your attorney. We strongly encourage you to post under an anonymous handle, keep questions general, and avoid posting private details of your active case. For advice about your own situation, message your attorney.