New guidance from the U.S. Department of Justice could help you eliminate your federal student loans through bankruptcy — find out if you qualify.
📘 Student Loan Discharge in Bankruptcy – FAQs
1. Can I really get rid of my student loans in bankruptcy now?
Yes — recent changes by the U.S. Department of Justice (DOJ) have made it more realistic for borrowers to eliminate federal student loans through bankruptcy. If you meet certain criteria, you may now qualify for a discharge using a new process that includes an “attestation form.”
2. What is the DOJ Attestation Form?
The attestation form is a standardized document created by the DOJ that allows you to outline your financial hardship. It replaces lengthy litigation and helps the bankruptcy court quickly evaluate your eligibility for student loan discharge.
3. How do I know if I qualify?
Generally, you may qualify if:
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You are currently unable to pay your student loans while maintaining a minimal standard of living.
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Your financial situation is unlikely to improve.
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You've made good faith efforts to repay your loans in the past.
We’ll work with you to complete the attestation form and determine your eligibility.
4. What types of student loans can be discharged?
This new guidance applies only to federal student loans — such as Direct Loans and FFEL Loans. Private student loans are not covered under this DOJ initiative but may still be evaluated separately.
5. Do I have to go to court or have a trial?
No. The attestation process is designed to streamline the student loan discharge evaluation. If your case meets the DOJ criteria, the government may agree to discharge your student loans without a trial.
6. How can your law firm help?
At Miller & Miller, we will:
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Analyze your financial situation to see if you qualify.
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Guide you through Chapter 7 or Chapter 13 bankruptcy.
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Complete and file the DOJ attestation form with the necessary documentation.
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Work with the U.S. Trustee and court to seek a discharge of your student loans.
7. How long does the process take?
It varies, but the process can move quickly once your bankruptcy is filed and the attestation form is submitted. You may see results within a few months, especially in streamlined Chapter 7 cases.
8. What’s the first step?
Contact our office for a free consultation. We’ll review your financial profile and help you understand your options for student loan relief through bankruptcy.
Before we schedule your appointment we will need:
Step 1: Student Loan Data -
If you have not done so already, please follow the link here to send me your student loan data. This information is essential for the analysis. The instructions above will help you download the TXT file for you to send back to me. Here are video instructions for you as well.
Step 2: Tax Return and Pay -
We will need to examine your recent pay checks (if any) and your most recent income tax return. Please have them available to discuss. Ultimately, I will need a copy of both. The questionnaire (see below) will require some information from your paycheck.
Step 3: Short Questionnaire -
Please answer the questions in the next email and submit (along with your TXT file above) prior to our consultation. This will help us input this information into our analysis prior to the call.
Thank you very much. We look forward to helping you live debt free.