Student Loan Bankruptcy Lawyer
Filing bankruptcy on student loans requires a separate adversary proceeding — a lawsuit within your bankruptcy case. I represent borrowers in that proceeding, from complaint through discharge.
The adversary process
Consultation
We review your loans, income, expenses, and prior repayment history to determine whether bankruptcy is the right path.
File or reopen your case
If you have an existing bankruptcy case, we petition the court to reopen it. If not, we coordinate with a bankruptcy attorney to file a new Chapter 7 or Chapter 13 petition.
Adversary proceeding
We file a complaint against each loan holder under 11 U.S.C. § 523(a)(8), initiating a separate lawsuit within your bankruptcy case.
Prove undue hardship
Through discovery, depositions, and briefing, we build the record that repaying your student loans would impose an undue hardship on you and your dependents.
Resolution
Cases resolve by trial judgment, settlement, or stipulated discharge. Many creditors settle once confronted with a well-prepared adversary complaint.
Sample court filings
Every case produces real legal documents. Browse anonymized filings from actual adversary proceedings I have handled.
Adversary Complaints
The lawsuit that starts the discharge process.
Memoranda of Law
Legal arguments on statute interpretation, timing, and prejudice.
Attestation Forms
DOJ-required financial disclosures for federal loan cases.
Settlement Agreements
Negotiated resolutions with loan holders.
When bankruptcy makes sense
- — You have exhausted income-driven repayment and forgiveness options
- — Your loans are unaffordable relative to your income, expenses, and health
- — You have been repaying for years without meaningful progress on the balance
- — Your circumstances are unlikely to improve enough to repay in full
- — You are willing to go through a legal proceeding that typically takes 6–18 months
Not sure whether bankruptcy is the right path? Start with the bankruptcy guides for a full overview of the law, the Brunner test, and how courts evaluate undue hardship.
Questions about your situation?
Every loan is different. A 20-minute call can save months of guessing.