All Laws Decoded

Can You File Bankruptcy on Student Loans?

Student loans are generally not wiped out in bankruptcy unless the borrower shows that repaying them would impose an "undue hardship" on the borrower and the borrower's dependents. To make that showing, a debtor files a separate lawsuit within the bankruptcy case, called an adversary proceeding, and the bankruptcy judge decides. In November 2022, the Justice Department, working with the Department of Education, announced an attestation-form process for deciding whether to support discharge of federal student loans in these cases.

What the law says

FAQ

Are student loans automatically discharged in bankruptcy?
No. Under 11 U.S.C. § 523(a)(8), covered education loans are excepted from discharge unless excepting them would impose an undue hardship on the debtor and the debtor's dependents.
Do private student loans count?
The statute's exception reaches loans made, insured, or guaranteed by a governmental unit or under programs funded by a governmental unit or nonprofit institution, and also any other qualified education loan as defined in the Internal Revenue Code incurred by an individual.
What test do courts use for undue hardship?
The Department of Education's letter describes jurisdictions that follow either the Brunner test (from a 1987 Second Circuit decision) or a "totality of circumstances" test.
Can only part of a student loan be discharged?
The Justice Department says that even where the factors may not support a complete discharge, it will consider supporting a partial discharge where appropriate.

Related

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.