Student loans
How do you find a lawyer for a student loan discharge case?
A student loan discharge lawyer is a bankruptcy lawyer who files student loan adversary proceedings, which are separate lawsuits inside a bankruptcy case, and who works with the Justice Department's attestation process for federal loans. Ask about that experience directly, and get the fee in writing. If you cannot afford a lawyer, the federal courts say you may qualify for free legal services.1 2 3
Connect to a bankruptcy lawyerDischarging a student loan takes a lawsuit inside the bankruptcy case, which is a narrower skill than filing the bankruptcy itself. This guide covers where to look, the questions that sort lawyers quickly, and how fees work.
General information, not legal advice. Rules and amounts change; check with a lawyer or the court before you act.
In this guide
Why does this take a particular kind of lawyer?
A student loan discharge is not part of the standard bankruptcy filing. It takes an adversary proceeding, a lawsuit within the bankruptcy case that begins with a complaint, and the borrower has to prove undue hardship.1 4
For a federal loan, the other side is the government. The U.S. Attorney's Office for the district where the bankruptcy is pending handles these cases.5
The current federal process dates from November 2022, when the Justice Department and the Department of Education introduced the attestation form. The Justice Department's guidance notes that before then, borrowers were deterred by a historically low chance of success, so a lawyer's experience with these cases may be recent.1 6
Where can you look?
Expect to ask in more than one place and then interview the lawyers you find.
- Consumer bankruptcy lawyers' groups are another place to ask. When the Justice Department reviewed its process, it collected input from consumer law groups including the National Association of Consumer Bankruptcy Attorneys. Membership in a group is not proof of experience, so the questions below still apply.7
- Court employees and bankruptcy judges are prohibited by law from giving legal advice, so treat the court as a source for procedures and forms, not for advice on your case.2
Before you hire anyone, confirm that the lawyer is licensed and in good standing. Our guide on checking a lawyer's license explains how.
What should you ask?
A short conversation tells you a lot. These questions are tied to how the process works.
| Question | Why it matters |
|---|---|
| How many student loan adversary proceedings have you filed since November 2022?1 | That is when the current Justice Department process began |
| How do you use the attestation form?1 | The form is how the government assesses a federal case. It looks at whether you can pay now, whether that will continue, and your good faith efforts to repay |
| Are my loans federal, private or both?1 | The attestation process is for federal student loans, so the answer shapes the case |
| Would you ask for a full or a partial discharge?6 | A court can discharge part of the debt and require payment of the rest |
| What happens if the government does not agree?6 | The judge decides either way, and you keep the burden of proof |
| What is the fee, and does it include the adversary proceeding?8 9 1 | The lawsuit is separate work from the bankruptcy filing, and fees must be disclosed to the court |
How much does a student loan discharge lawyer cost?
Lawyers set their own fees, which must be reasonable, and many charge a flat fee for defined work. Compare written quotes, and ask whether the quote covers the adversary proceeding as well as the bankruptcy filing.10 1
A lawyer who represents you in or in connection with a bankruptcy case must file a statement with the court of the compensation paid or agreed to be paid. The court may cancel a fee agreement or order money returned to the extent the fee exceeds the reasonable value of the services.8 9
That statement is due within 14 days after the case is filed unless the court orders otherwise. A lawyer who is comfortable with that disclosure should also be comfortable putting your fee agreement in writing.8 9
The court's own fee for the lawsuit is a separate item. The fee for filing an adversary complaint is $350 under the fee schedule effective December 1, 2023, and it must not be charged when the debtor is the plaintiff.11
What if you cannot afford a lawyer?
Ask about free help first. The federal courts say people who cannot afford an attorney may qualify for free legal services.2 3
You are also allowed to represent yourself. In the federal courts, parties may conduct their own cases personally or through a lawyer, and the Justice Department says one goal of its process is to set clear expectations that borrowers understand whether or not they have a lawyer.12 6
The federal courts still strongly recommend getting advice from a qualified attorney, because bankruptcy has long-term financial and legal consequences.2
Check whether you need a lawsuit at all. Federal Student Aid handles some discharges outside bankruptcy, such as the closed school discharge, and applying for federal repayment and forgiveness programs is free.13 14 15
What should make you walk away?
A few signs are worth acting on.
- A promise that your loans will be discharged. The government's position does not bind the court, and the judge makes the decision.6
Common questions
Can student loans be discharged in bankruptcy?
Yes, but not as part of the standard filing. You file an adversary proceeding and prove undue hardship. Courts do not use a single test, but they may look at whether repaying would leave you unable to keep a minimal standard of living, whether that will last for much of the repayment period, and whether you made good faith efforts to repay.1 17
Do I need a lawyer to ask for a student loan discharge?
No. Parties may conduct their own cases in federal court, and individuals can file bankruptcy without an attorney. The federal courts strongly recommend getting advice from a qualified attorney.12 2
Is there a court fee for the lawsuit?
The fee for filing an adversary complaint is $350 under the fee schedule effective December 1, 2023, but it must not be charged when the debtor is the plaintiff.11
Can a lawyer guarantee that my loans will be discharged?
No. The bankruptcy court makes its own decision on undue hardship, and the debtor keeps the burden of proof on every element of the claim.6
Sources
Official courts & government references- DOJ: Student Loan Discharge Guidance: Fact Sheet (Nov. 17, 2022)
- Filing Without an Attorney (uscourts.gov)
- Legal Services Corporation: I Need Legal Help (lsc.gov)
- Glossary
- U.S. Trustee Program: Student Loan Guidance
- DOJ: Guidance for Department Attorneys Regarding Student Loan Bankruptcy Litigation (Nov. 17, 2022)
- DOJ press release 24-884 (July 17, 2024)
- 11 U.S. Code § 329 (Cornell LII)
- Fed. R. Bankr. P. 2016(b) (Cornell LII)
- Hiring a Lawyer (FTC Consumer Advice)
- Bankruptcy Court Miscellaneous Fee Schedule (uscourts.gov)
- 28 U.S. Code § 1654 (Cornell LII)
- Closed School Discharge (Federal Student Aid, studentaid.gov)
- FTC Consumer Advice: Paying for School and Avoiding Scams
- FTC Consumer Advice: How To Get Out of Debt
- 11 U.S. Code § 110(a)(1) (Cornell LII)
- Discharge in Bankruptcy (Federal Student Aid, studentaid.gov)