Student loans
How does income-driven repayment work, and does it affect bankruptcy?
An income-driven repayment plan bases your monthly federal student loan payment on your income and family size, and for some borrowers the payment can be as low as $0. When we checked on October 13, 2026, Federal Student Aid listed four plans, including the new Repayment Assistance Plan. In a bankruptcy discharge case, having applied for or used a plan is evidence of good faith, and not having enrolled does not by itself count against you.1 2
Start your student loan discharge journeyIncome-driven repayment ties a federal student loan payment to what you earn. The list of plans has changed recently, so this guide gives the current picture and then explains how a plan counts in a bankruptcy discharge case.
General information, not legal advice. Rules and amounts change; check with a lawyer or the court before you act.
In this guide
What is income-driven repayment?
It is a group of federal repayment plans, often shortened to IDR, that set the monthly payment by income and family size or number of dependents. The payment can go up or down as those change.1
You have to recertify your income and family size every year. Any balance left after the plan's repayment period, which is 20, 25 or 30 years depending on the plan, may be discharged.1
There is a trade-off. Federal Student Aid says these plans usually lower the payment, but lower payments or a longer repayment period will likely mean paying more interest over time. It also notes that under current IRS rules, you might have to pay income tax on an amount discharged at the end of the repayment period.1
Which plans exist now?
The lineup changed under the One Big Beautiful Bill Act, signed July 4, 2025, which created the Repayment Assistance Plan (RAP). This is the comparison Federal Student Aid showed on October 13, 2026.3 1
| Plan | Monthly payment | Repayment period |
|---|---|---|
| Repayment Assistance Plan (RAP)1 | 1% to 10% of adjusted gross income divided by 12 months, minus $50 for each dependent | 30 years |
| Income-Based Repayment (IBR), first borrowed after July 1, 2014 and before July 1, 20261 | 10% of discretionary income | 20 years |
| Income-Based Repayment (IBR), borrowed before July 1, 20141 | 15% of discretionary income | 25 years |
| Income-Contingent Repayment (ICR)1 | 20% of discretionary income | 25 years |
| Pay As You Earn (PAYE)1 | 10% of discretionary income | 20 years |
More change is scheduled. Federal Student Aid says the law eliminates ICR and PAYE no later than July 1, 2028.1
The SAVE plan is not on the list. On March 10, 2026 a federal court issued an order preventing the Department of Education from implementing it, and borrowers whose loans are in forbearance because of SAVE must select a new repayment plan.4
These figures are a snapshot. Use the Repayment Calculator on StudentAid.gov, or ask your servicer, for the plans and payment that apply to your loans.
Who can and cannot use these plans?
Eligibility depends on the loan type and on when you borrowed.5 1
You apply online on StudentAid.gov or with a paper form, and applying is free.1 8 9
How does it connect to loan forgiveness?
Besides the discharge of any balance left at the end of the repayment period, Public Service Loan Forgiveness runs through these plans: Federal Student Aid tells borrowers seeking it to repay under an income-driven plan. That program forgives the remaining balance on Direct Loans after the equivalent of 120 qualifying monthly payments (10 years) under an income-driven plan while working full-time for an eligible employer.1 5
How does an income-driven plan count in a bankruptcy discharge case?
A common worry is that the existence of a low payment plan defeats an undue hardship claim. The Justice Department's guidance for federal student loan cases does not treat it that way.2
- Applying for an income-driven plan is one of seven steps the guidance lists as evidence of good faith.2
- Taking part in a plan is evidence of good faith.2
- Not enrolling does not by itself show a lack of good faith. Government attorneys are expected to accept any reasonable explanation, such as being denied access to a plan, being steered into forbearance, or being given inaccurate information.2
- When the government tests whether you can pay now, the payment it generally uses for the comparison is the standard repayment plan amount, not the lower payment available under an income-driven plan.2
The guidance also records that the Consumer Financial Protection Bureau found borrowers wrongly denied enrollment in these plans and payments miscalculated. If you were refused or removed, that is worth describing with dates.2
The attestation form asks what you did to enroll in an income-driven program and, if you did not enroll, why. The bankruptcy judge makes the final decision, and courts are not bound by the government's position.10 2
Common questions
Does the existence of an income-driven plan defeat an undue hardship claim?
Not under the Justice Department's guidance. The government generally compares your finances against the standard repayment plan amount, and not enrolling in an income-driven plan does not by itself show a lack of good faith. The judge makes the final decision.2
I was on the SAVE plan. What now?
Federal Student Aid says a federal court order issued on March 10, 2026 prevents the Department of Education from implementing SAVE, and borrowers in forbearance because of SAVE must select a new repayment plan.4
Sources
Official courts & government references- Federal Student Aid: Income-Driven Repayment Plans
- DOJ: Guidance for Department Attorneys Regarding Student Loan Bankruptcy Litigation (Nov. 17, 2022)
- FSA Partners: Federal Student Loan Program Provisions Effective Upon Enactment Under the One Big Beautiful Bill Act (July 18, 2025)
- Federal Student Aid: IDR Plan Court Actions: Impact on Borrowers
- Federal Student Aid: Federal Student Loan Repayment Plans
- Federal Student Aid: Student Loan Delinquency and Default
- Federal Student Aid: Getting Out of Default
- FTC Consumer Advice: Paying for School and Avoiding Scams
- FTC Consumer Advice: How To Get Out of Debt
- DOJ: Student Loan Attestation Fillable Form (Appendix A, 05/2025)