Browse terms
The bankruptcy process
Adversary proceeding
A lawsuit within or related to a bankruptcy case, started by filing a complaint. 1
Talk to a lawyerHow it works
To seek a student loan discharge, a debtor must file this kind of separate lawsuit inside the bankruptcy case and prove undue hardship. 2
For federal student loans, the Justice Department and the Department of Education use a process in which the debtor fills out an attestation form. The bankruptcy judge makes the final decision. 2
Common questions
Do I need one to discharge student loans?
Yes. A debtor must file an adversary proceeding inside the bankruptcy case and prove undue hardship. 2
Sources
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