Tools/Student Loan Discharge Assessment

Student Loan Discharge Assessment

See whether you may be a candidate to seek a student loan discharge in bankruptcy. This educational assessment is modeled on the DOJ attestation process and the Brunner undue-hardship test — no outcome is guaranteed, and a court decides every case.

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Preset · Assessment · Student loans: can a court help?0 of 11 answered
Are your student loans federal, private, or both?

Federal loans require an adversary proceeding to show undue hardship; private student loans are treated as general unsecured debt and may be dischargeable without proving undue hardship (studentaid.gov; CFPB).

Roughly how much do you owe in student loans?

Your total approximate student-loan balance. An estimate is fine.

How many people are in your household?

Include yourself and any dependents. Household size affects the living-standard comparison the attestation uses.

Your approximate monthly income?

Your approximate monthly income, compared against IRS and household living standards in the DOJ attestation analysis.

If forced to repay, would you be unable to maintain a minimal standard of living for you and your dependents?

This mirrors the first Brunner prong: that you cannot maintain a minimal standard of living for yourself and your dependents if forced to repay (justice.gov; studentaid.gov).

Have you made good-faith efforts to repay (payments, IDR enrollment, or contacting your servicer)?

This mirrors the third Brunner prong: that you have made good-faith efforts to repay, such as making payments, enrolling in income-driven repayment, or contacting your servicer (justice.gov; studentaid.gov).

Are you 65 or older?

Older age is one of the circumstances the DOJ attestation treats as a strong indicator that hardship is likely to persist.

Do you have a disability or chronic condition affecting your ability to work?

A disability or chronic condition is one of the circumstances the DOJ attestation treats as a strong indicator that hardship is likely to persist.

Have you been unemployed for at least 5 of the last 10 years?

A protracted period of unemployment is one of the circumstances the DOJ attestation treats as a strong indicator that hardship is likely to persist.

Did you not complete the degree or program the loans paid for?

Not completing the program the loans funded is one of the circumstances the DOJ attestation treats as a strong indicator that hardship is likely to persist.

Have your loans been in repayment for 10 or more years?

Loans that have been in repayment for at least 10 years are one of the circumstances the DOJ attestation treats as a strong indicator that hardship is likely to persist.

Your result

Answer the questions to see your result.

It updates as you go.

See if you qualifyGeneral information. A lawyer confirms your options.
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How this tool works

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This assessment is modeled on the U.S. Department of Justice attestation process (justice.gov) and the Brunner three-prong test used in most circuits to evaluate undue hardship under 11 U.S.C. § 523(a)(8): (1) you cannot maintain a minimal standard of living if forced to repay; (2) that hardship is likely to persist for a significant portion of the repayment period; and (3) you have made good-faith efforts to repay. The hardship and good-faith questions are weighted, and the assessment also scores five circumstances the DOJ attestation specifically treats as strong indicators that hardship will persist — being 65 or older, having a disability or chronic condition, being unemployed for at least 5 of the last 10 years, not completing the program the loans funded, and loans in repayment for 10 or more years — any of which strongly signals a candidate. The loan-type, balance, household-size, and income questions are not scored but reflect the financial picture the attestation analyzes against IRS and household living standards, and explain that federal loans require an adversary proceeding while private loans are general unsecured debt that may be dischargeable without proving undue hardship (studentaid.gov; CFPB). The November 17, 2022 DOJ and Department of Education guidance and attestation process streamlined how the government reviews federal-loan requests, though the guidance is non-binding and does not bind courts (justice.gov). You may qualify to discharge your student loans, but no outcome is guaranteed — a court decides. 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.