The DOJ Attestation Form

Before November 2022, borrowers seeking to discharge federal student loans in bankruptcy faced an unpredictable, expensive, and often adversarial process. The Department of Justice and the Department of Education changed that with a new guidance and a standardized attestation form. This page explains what the form is and how it is used.

What the Form Is

The attestation form is a sworn document the borrower completes as part of an adversary proceeding to discharge federal student loans. It was introduced under guidance the DOJ issued on November 17, 2022, in coordination with the Department of Education (justice.gov). The borrower uses it to disclose, under penalty of perjury, the household's income, assets, monthly expenses, and other circumstances relevant to the ability to repay. The current version is published by the DOJ at justice.gov/d9/2024-05/StudentLoanAttestationFillableForm.pdf.

What the Form Asks

The attestation gathers the building blocks of an undue-hardship analysis. Present finances: current income from all sources, household size, and monthly living expenses. Assets: bank accounts, vehicles, property, and other holdings. Future circumstances: facts bearing on whether the hardship is likely to persist, such as health conditions, disability, age, or caregiving duties. Repayment history: payments made, and efforts to enroll in income-driven repayment, deferment, or forbearance. These map directly onto the three prongs courts examine — present inability, persistence, and good-faith effort.

How the Government Uses It

Government attorneys compare the attested figures against objective benchmarks — for instance, standardized expense allowances — and assess whether the borrower meets the undue-hardship standard. Where the criteria are satisfied, they can recommend that the court grant a full or partial discharge instead of contesting the case. This is the core innovation of the 2022 process: it replaced ad hoc, adversarial litigation with a transparent framework under which the government affirmatively agrees to discharge when the facts support it.

An Important Limit

The guidance is internal DOJ guidance. It does not bind the bankruptcy courts, and a judge must still find undue hardship and enter the discharge. The form streamlines the government's side of the case; it does not change the underlying legal standard or guarantee any result. Honesty on the form is essential — it is sworn under penalty of perjury, and misstatements carry serious consequences.

What the Results Have Looked Like

studentaid.gov reports that courts granted full or partial discharge in approximately 98% of cases decided under the streamlined process between November 2022 and March 2024. That figure is windowed and attributed to studentaid.gov; it describes decided cases in a specific period, not a promise about any individual filing, and it reflects that the borrowers who reach this stage generally have facts that fit the criteria. No outcome is guaranteed; whether your loans can be discharged depends on your facts and a court's decision. People's Justice is not a law firm and does not provide legal advice; we connect you with licensed attorneys, and we are not a government agency. Completing the attestation correctly and presenting it within the adversary proceeding is work best done with an attorney.