Do you have a case that requires the service of a student loan bankruptcy lawyer? The Law Offices of Wenarsky and Goldstein, LLC can assist you.

Student Loan Bankruptcy Attorney


It’s not uncommon for individuals to struggle with repaying student loan debt. According to Federal Student Aid, around 32 million student loan borrowers have their loans in deferment, forbearance, and default. If you are struggling to repay your private or federal loans, a student loan bankruptcy lawyer can help you.

Unfortunately, many people think you can’t discharge student debt, which is just one of the many myths surrounding bankruptcy. While not easy, discharging student loan debt in bankruptcy is possible.

Student loan attorneys at the Law Offices of Wenarsky and Goldstein, LLC may be able to help you. Our personal bankruptcy & foreclosure attorney can help determine your eligibility and guide you through the process. We have experience handling student loan bankruptcy cases and will do everything possible to get you a favorable outcome. Our goal is to help you achieve financial freedom and a fresh start.

What is Student Loan Bankruptcy?

Student loan bankruptcy refers to the process of attempting to have your student loans discharged through a bankruptcy filing. However, it’s important to understand that discharging student loans through bankruptcy is extremely difficult and not a guaranteed solution. You must prove that repaying your student loans would cause undue hardship for you and your dependents.

How Do I Prove Undue Hardship for Student Loans?

Proving undue hardship for student loans can be challenging. It requires evidence and a strong argument to convince the court that you should have your student loans discharged in bankruptcy. Your legal counsel will help you build a convincing case by gathering the following documents:

  • Bank statements showing income and expenses.
  • Proof of employment, including pay stubs or tax returns.
  • Evidence of any medical conditions or disabilities that may affect your ability to work and earn income.
  • A detailed budget showing minimal living expenses and the inability to afford student loan payments.
  • Proof of good faith efforts to repay the loans, such as making regular payments over an extended period.

How Does Student Loan Discharge Work?

Unlike most dischargeable debts, student loans are not automatically terminated in bankruptcy. To discharge student loans, you must also start an adversary proceeding. Here’s how it works:

  1. Seek Legal Counsel

Although it is possible to file alone, working with an experienced student loan lawyer is recommended. The bankruptcy process for student loans is complicated and involves complex paperwork.

  1. File for Bankruptcy

It is necessary to fill out and submit a bankruptcy petition to the appropriate bankruptcy court. If you have a closed case, you may file to reopen it. Your legal counsel will advise you on which bankruptcy type is the most suitable for your case.

    1. Initiate an Adversary Proceeding

    After filing for bankruptcy, you must file for an adversary proceeding (a bankruptcy court’s version of a civil lawsuit). In an adversary proceeding, you bring a complaint against your loan lender, usually the Department of Education or a private entity.

    According to 11 USC § 523(a)(8), student loan debt is only dischargeable if you prove it imposes undue hardship on you and your family.

    To demonstrate undue hardship, you must satisfy the following conditions:

    • You wouldn’t be able to keep a minimal standard of living if forced to repay the loan.
    • Your financial difficulties will likely persist in the future.
    • You made good-faith efforts to repay your debt, such as making several student loan payments.

    Bankruptcy Types for Student Loan Discharge

    When filing for student loan discharge in bankruptcy, you can choose Chapter 7 or Chapter 13.

    Chapter 7 Bankruptcy

    This type of bankruptcy involves selling your assets to pay creditors. Chapter 7 discharges in bankruptcy don’t automatically include student loan debts, so an adversary proceeding must be held to determine whether you are eligible for the discharge.

    To be eligible for Chapter 7 bankruptcy, you must have a lower income than the state median.

    Chapter 13 Bankruptcy

    Chapter 13 bankruptcy, also called wage earner’s plan, allows you to develop a debt repayment plan tailored to your financial situation. This plan will help you pay all or part of your debts within a three or five-year repayment period. After completing your repayment plan, the remaining debts may be discharged.

    To file for Chapter 13, you must have a regular income.

    Federal vs. Private Student Loan Debt Discharge in Bankruptcy

    Both federal and private student loans can be discharged in bankruptcy, but the process varies slightly. According to new student loans bankruptcy litigation guidance by the Department of Justice, borrowers can discharge their federal student loans more easily and quickly by filing an Attestation Form with their local Assistant U.S. Attorney (AUSA). If the AUSA recommends a discharge to the court, your adversary proceeding may be concluded quickly and favorably.

    Regarding private loans, the bankruptcy court judge will make a judgment based solely on your arguments. Having a skilled bankruptcy attorney represent you in court may be crucial to ensure your arguments are communicated efficiently.

    How Can Student Loan Lawyers Help You?

    A student loan bankruptcy lawyer may be indispensable since it’s notoriously difficult to discharge student loan debt. An experienced and knowledgeable attorney can help you:

    • Determine your eligibility for bankruptcy and undue hardship
    • Prepare the necessary documents to prove undue hardship, such as income and expense details
    • Fill out and file the required paperwork on time
    • Represent you in the adversary proceeding
    • Provide legal advice throughout the process and answer all your questions

    Working with a skilled lawyer from the beginning can improve your chances for a favorable outcome.

    How to Choose the Right Bankruptcy Lawyer

    Looking for the right bankruptcy attorney may be overwhelming. Here’s how you can narrow down the search:


    As each bankruptcy court has its own rules, it’s important to work with a local attorney who is well-familiar with both local court rules and state laws.


    Not all bankruptcy attorneys handle student loan discharge cases, so it’s important to look for someone who has experience doing that. You want to find someone with practical knowledge of bankruptcy proceedings for student loan debt to increase your chances of success.


    You may want to choose an attorney with a proven success track record. You can check their testimonials and read through their client reviews.

    Contact an Experienced Student Loan Bankruptcy Lawyer

    We understand how unpaid student loans can impact your life and finances. The Law Offices of Wenarsky and Goldstein, LLC may be able to help you discharge your debts and regain control of your life.

    Contact us today to schedule a free consultation with our student loan attorney!

    Call the Law Office of Wenarsky & Goldstein

    At the Law Offices of Wenarsky & Goldstein, LLC, our New York and New Jersey attorneys are experienced and knowledgeable in bankruptcy, estate planning and probate, guardianship, special needs planning, and real estate law. To learn more about how we can assist you with your legal needs, call us today at 973-453-2838.