Student Loan Guidance

The Department of Justice, in close coordination with the Department of Education, has implemented a new standardized process to provide consistent expectations for the discharge of student loan debt in bankruptcy; reduce the burden on debtors of pursuing such proceedings; and make it easier for Justice Department attorneys to identify cases where discharge of student loan debt is appropriate. Adversary cases related to student loan dischargeability are handled by the Office of the United States Attorney for the district where the bankruptcy is pending.

Links to guidance from the Department of Justice on federal student loan relief in bankruptcy and related documents are available here.

• The Department's New Process for Student Loan Bankruptcy Discharge Cases

Student Loan Discharge Guidance -- Fact Sheet

• Guidance for Department Attorneys Regarding Student Loan Bankruptcy Litigation (11/2022)

Student Loan Discharge Guidance -- Guidance Text

• Appendix A: Attestation Form (08/2023)

Student Loan Attestation Fillable Form

• Appendix B: Sample Scenario (01/2023)

Appendix B - Sample Scenario