Get Rid of Student Loans in Bankruptcy

Long & Long Team


Until now it has been extremely difficult to get rid of student loans in bankruptcy for most debtors. In most cases the debtor in bankruptcy must prove “undue hardship” on the debtor or the debtor’s dependents in the event the debt is not discharged. Most courts rely on the Brunner test to interpret undue hardship. Under the Brunner test the debtor must prove three prongs. The first prong to prove is that the debtor and the debtor’s dependents cannot maintain a minimal standard of living if the student debt is not discharged. The second prong is to prove that this financial condition is likely to persist for a significant portion of the repayment period. The third and final prong is proving the debtor has made a good faith effort to repay the student loan.

Disabled Veterans Can Get Their Student Loans Discharged By the Federal Government

Without filing bankruptcy, totally and permanently disabled veterans may get their student loans discharged by the federal government. On August 21, 2019 President Trump issued an executive memorandum making it, “the policy of the Federal Government to facilitate…the discharge of Federal student loan debt for totally and permanently disabled veterans.” The Presidential Memorandum can be found the link below:

Trump Administration Considering Plans to Eliminate Student Debt in Bankruptcy

The Trump administration is currently looking at refinancing loans at lower interest rates, and most importantly, eliminating student debt through bankruptcy. The Wall Street Article can be found at the link below:

So, debtors with student loan debt may finally be getting relief in bankruptcy. Questions? With over 35 yearsof experience and a former Trustee for the U.S. Bankruptcy Court call LONG & LONG P.C. now at 303-832-2655, or visit

Client Reviews

Marty is absolutely compassionate, understanding and very upfront person. Very professional and EXCELLENT in what he does. When I ran out of options to keep up with our financial obligations during COVID 19...

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Marty Long was able to navigate my difficult case and get me the best case scenario outcome. In addition, I am extremely pleased that there were no additional costs from the original estimate Marty gave to me...

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Martin was extremely helpful with our bankruptcy. I pelted this guy with so many questions and had to have filled up his email a billion times and he helped me understand the process to feel confident in our...

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