Yes there is. In the current state of affairs, it is meaningfully easier than it used to be to obtain a student loan discharge in bankruptcy.
This Connecticut bankruptcy lawyer helped discharge over $240,000 in student loan debt. Another attorney in a widely reported example helped a borrower obtain a consent judgment to discharge $155,000 in student loan debt under the newer DOJ attestation process.
But you must be aware that a discharge is not automatic and the law itself has not been broadly rewritten.
The current practical state of the law is this that student loans still require that you prove “undue hardship” in bankruptcy
Student Loans Debts Are Still Treated Differently Than Ordinary Debts
Federal student loans are still treated differently from ordinary credit card debt, medical debt, and other unsecured debt. A borrower normally must file bankruptcy and then bring a separate adversary proceeding asking the bankruptcy court to find that repaying the student loans would create an “undue hardship.”
The bankruptcy judge still makes the final decision. The DOJ’s (Department of Justice) own fact sheet on student loan discharges says the new process helps the government support a discharge in appropriate cases, but in the end the judge still decides whether discharge is granted.
What Has Changed is the Government’s Handling of These Cases
The major change came from DOJ and Department of Education guidance first issued in November 2022. The process remains active as follows: the U.S. Trustee Program’s student loan guidance page was updated March 17, 2026, and the current attestation form is marked updated May 2025.
Under this process, the debtor will fill out a detailed attestation form. The form is then submitted to the Assistant U.S. Attorney handling the case (not filed with the court unless directed). The debtor then states under penalty of perjury that excepting the loans from discharge would cause undue hardship under 11 U.S.C. § 523(a)(8).
The attestation considers:
- income and household expenses
- student loan balance, payment amount, and education history
- whether the borrower can maintain a minimal standard of living
- whether the hardship is likely to continue
- past efforts to repay, seek deferment, forbearance, consolidation, or income-driven repayment
- assets and any additional hardship circumstances
The DOJ guidance tells attorneys to recommend full or partial discharge when three main factors are satisfied: the borrower presently lacks the ability to repay, that inability is likely to continue, and the borrower has acted in good faith regarding repayment attempts.
Why This is a Big Deal
Before this guidance, student loan bankruptcy cases were often expensive, intrusive, and very hard to win. Now, in many federal student loan cases, the attestation gives DOJ and the Department of Education a standardized way to assess the borrower’s situation without turning every case into a brutal battle.
Now the process uses more objective factors. For example the DOJ looks at income compared with allowable expenses, using IRS Collection Financial Standards.
The attestation form also asks about facts that may support future hardship, such as being 65 or older, having loans in repayment for at least 10 years, not completing the degree, disability or injury, long-term unemployment, or other circumstances showing the borrower is unlikely to be able to make meaningful payments.
Good faith is also treated more realistically now. A borrower is not automatically disqualified just because they missed payments or they did not enroll in an income-driven repayment program, especially if they had a reasonable explanation.
DOJ’s fact sheet specifically says past non-payment does not automatically defeat good faith where other evidence exists.
The Discharge Success Numbers are Strong
DOJ reported in July 2024 that from November 2022 through March 2024, 1,220 cases were filed under the new process. In court-decided cases during that period, a whopping 98% resulted in full or partial relief, and 96% of borrowers voluntarily used the streamlined attestation process.
More recent reporting says the Trump administration has retained the guidance, and a 2026 Business Insider report cited research showing an 87% success rate since the guidance took effect, with 97% of balances eliminated in successful cases.
The same report also noted that public awareness still remains very low, with only a small fraction of struggling borrowers actually realizing they can file adversary proceedings.
This is Mostly About Federal Student Loans
The DOJ attestation process is mostly related to federal student loans, especially loans held by the Department of Education.
Department of Education guidance also says FFELP and Perkins loan holders may use the DOJ process when evaluating undue hardship in bankruptcy adversary proceedings.
Private student loans are a separate issue all together
Some private student loans still require undue hardship, but some loans that people call “private student loans” may actually be non-qualified education loans and may be discharged through an ordinary bankruptcy discharge.
The CFPB has specifically said some non-qualified education loans can be discharged under standard bankruptcy discharge orders, including certain loans for non-Title IV schools, bar exam expenses, residency expenses, loans above the cost of attendance, or loans for less-than-half-time study.
The Latest Takeaway
Hold on to your hate! Student loan bankruptcy discharge is no longer the near-impossible option many people still think it is.
The borrower still has to file bankruptcy, start an adversary proceeding, and prove undue hardship, but the DOJ and the Department of Education attestation process has made federal student loan discharges much more practical in the right cases.
