Van Horn Law Group
Free 60-Second Analysis

Can You Eliminate Your Student Loans in Bankruptcy?

Most people have been told it's impossible. That's not always true.Myth

Many borrowers believe student loans can never be discharged in bankruptcy. While the process isn't automatic, recent legal developments have made relief more attainable for some people.

If you're struggling with student loan debt, you may have options. Take our quick 60-second quiz to find out whether your situation may qualify for student loan relief.

Open My Case Review How It Works
Exhibit A No. 60-SEC
In re: Your Student Loans
  • Loan type — federal, private, or bothPending
  • Financial hardship (Brunner Test)Pending
  • Repayment history & good faithPending
  • Collection & garnishment statusPending
Relief
PossiblePreliminary
Complete your file — take the quiz
Under 60 seconds
100% confidential
No legal jargon
FL & PA attorneys
Question 1 of 5
Step 1 — Loan Type
What type of student loans are you dealing with?
This determines which discharge rules apply to your situation.
Step 2 — Repayment History
How long have you been required to make payments on these loans?
Courts consider repayment history when evaluating hardship claims.
Step 3 — Financial Hardship
Does making your loan payments prevent you from covering basic living expenses?
This is a key part of the Brunner Test courts use to evaluate discharge eligibility.
Step 4 — Financial Outlook
Is your current financial situation likely to stay the same for a significant portion of your repayment period?
Courts look for long-term hardship, not just a temporary rough patch.
Step 5 — Collection Status
Has your lender taken any collection actions, such as garnishing your wages?
Active garnishment may actually strengthen your case for a discharge review.
Analysis Complete
There may be a path to relief for your student debt.
Based on your answers, there is a possibility that your student loan debt could be reduced or discharged under current bankruptcy guidelines. However, your specific loan types, timing, filing history, and other details can significantly affect the outcome — so a full review with an attorney is still important.
Get your personalized analysis
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01A Simple
Process

Three steps to know where you stand

No paperwork. No appointments. No pressure — just a clear picture of whether student loan discharge could be an option for you.

Step One

Complete the quiz

Answer five plain-English questions about your loan type, repayment history, and financial situation. About a minute — no login required.

Step Two

Get your analysis

We review your responses and send a personalized breakdown of your potential eligibility, in language you can actually understand.

Step Three

Book a free call

If your situation looks promising, schedule a no-cost consultation with one of our bankruptcy attorneys to review your full case.

Since 2012
Helping people facing genuine financial hardship across Florida and Pennsylvania.
Two Offices
Fort Lauderdale, FL and Pittsburgh, PA — with virtual consultations available in both states.
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Recognized among the fastest-growing private companies in Florida.
Why Van Horn Law Group

A firm built on clarity, not confusion.

  • No jargon, ever. We explain every step in plain English, so you always know where your case stands and why.
  • Real attorneys on your case. Important work is handled by licensed attorneys — never passed to unqualified staff.
  • Transparent, upfront fees. No hidden costs and no surprises — affordable representation for real hardship.
  • Responsive and available. We move at the pace your situation demands — especially when wages are on the line.
Check My Eligibility
[Common Questions]

Student loan bankruptcy, explained

Straightforward answers about student loan discharge, the Brunner Test, and what Chapter 7 could mean for your debt.

Yes — in some cases. While student loans are not automatically discharged in bankruptcy, a 2022 DOJ/DOE policy change made it significantly easier. You must file a separate adversary proceeding and demonstrate undue hardship, typically using the Brunner Test.
The Brunner Test has three parts: (1) you cannot maintain a minimal standard of living if forced to repay the loans, (2) this hardship is likely to persist, and (3) you made good-faith efforts to repay. Meeting all three is the key to discharge eligibility.
Private student loans are often easier to discharge than federal loans, as they may not qualify as "qualified education loans" under the tax code. Federal loans require meeting the undue hardship standard, but recent policy changes have made courts more receptive to these claims.
Yes. Filing for bankruptcy triggers an automatic stay, which immediately halts most collection actions — including wage garnishment. This relief takes effect the moment you file, even before a discharge is granted.
Forgiveness (like PSLF or income-driven plans) is a federal program that cancels debt after meeting specific criteria over many years. Bankruptcy discharge is a legal process that eliminates debt through the court system — and may happen faster for qualifying borrowers.
Timelines vary depending on the complexity of your case, the court's docket, and whether an adversary proceeding for student loan discharge is required. While Chapter 7 cases are sometimes referenced as taking 3–5 months, that timeframe is not guaranteed and individual results will differ. Filing does provide an immediate benefit — the automatic stay stops most collection actions from the moment you file. Our attorneys will give you a realistic picture during your consultation.
Client Reviews

Trusted by families across Florida & Pennsylvania

Van Horn Law Group made this process very comfortable and reassuring. There are quite a few steps, and everyone on the team went out of their way to be accommodating.

Verified ClientFort Lauderdale, FL · Trustpilot

I was nervous at first and didn't know what to expect. They were clear and helpful from the very beginning — no hidden fees and no runaround.

Verified ClientMiami, FL · Google Reviews

Easy to work with, and I got the exact results I was hoping for. I'm very pleased with the communication and the outcome throughout.

Verified ClientWest Palm Beach, FL · Trustpilot
Take the First Step Today

Don't let student debt define the rest of your life.

Relief may be closer than you think. Take our free 60-second quiz to find out whether student loan discharge is a realistic option for your situation — with no commitment required.

Check My Eligibility Call (954) 765-3166
Free 60-Sec Quiz