Sample Court Filings
Anonymized filings from student loan adversary proceedings. Each document demonstrates how undue hardship arguments are structured in practice.
Complaint to Determine Dischargeability of Federal Student Loan Debt
The lawsuit a borrower files inside a bankruptcy case to wipe out federal student loans. It names the U.S. Department of Education as the defendant and argues that paying the loans back would be an undue hardship — the legal standard a court uses to decide whether the debt can be erased.
Complaint to Determine Dischargeability of Private Student Loan Debt
The lawsuit a borrower files to wipe out private student loans in bankruptcy. It uses two arguments: that one loan was for more than the school's official cost of attendance — which puts it outside the protection lenders normally get — and that paying the other loan back would be an undue hardship because of a chronic illness.
Memorandum of Law in Support of Motion to Reopen Chapter 7 Case to File Student Loan Adversary Proceeding
The legal brief that asks a bankruptcy court to reopen a closed Chapter 7 case so the borrower can sue to discharge their student loans — even fifteen years later. It answers the two questions judges ask about old cases: whether too much time has passed to reopen, and whether the hardship test should be judged on today's finances or the borrower's finances back then.
Consent Order in Settlement of Student Loan Adversary Proceeding
A signed settlement that ends a student loan bankruptcy lawsuit by cutting the balance, lowering the interest rate, and setting a fixed payment schedule. It also includes a clause that puts the borrower back in default if they ever try to discharge the loan again — the kind of language to read carefully before agreeing to any settlement.