What is an adversary proceeding?

It is a lawsuit filed inside a bankruptcy case, with its own complaint, summons, and docket number. Fed. R. Bankr. P. 7001 lists which matters must be brought this way, including "a proceeding to determine whether a debt is dischargeable" under subsection (f). Part VII of the bankruptcy rules governs it, and those rules largely mirror federal civil procedure.

Does the Department of Justice guidance mean the government will agree to discharge my loans?

Not by itself. The guidance directs Department attorneys to stipulate to undue-hardship facts and recommend discharge where three conditions are satisfied, but it is internal DOJ policy and, in its own words, "does not create any substantive or procedural rights enforceable at law." The bankruptcy court makes its own determination regardless of the government's position.

Can I get part of my student loan discharged instead of all of it?

Partial discharge is contemplated. The DOJ guidance directs Department attorneys to consider the potential for a partial discharge when evaluating a case. That means the practical outcome is not necessarily all-or-nothing, and a request that would fail as a full discharge may still be worth developing on the facts.

Can I file the adversary proceeding without a lawyer?

Courts allow self-represented filers, and the DOJ guidance was written to work for debtors "whether they are represented by counsel or are self-represented litigants." But courts themselves flag the difficulty: one district's pro se guide advises seeking competent legal counsel for adversary proceedings and identifies an income-eligible bankruptcy pro bono program.

Does filing for bankruptcy affect future federal student aid?

11 U.S.C. § 525(c)(1) addresses this directly. A governmental unit operating a student grant or loan program, and a lender making loans guaranteed or insured under a student loan program, may not deny a grant, loan, loan guarantee, or loan insurance because the applicant is or has been a debtor in bankruptcy or has not paid a dischargeable debt.

What does it cost to file the underlying bankruptcy case?

The Chapter 7 filing fee is $245, plus a $78 administrative fee and a $15 trustee surcharge. Chapter 13 is $235 plus the $78 administrative fee. The adversary proceeding carries its own separate filing fee set by the court's fee schedule, which we do not publish a verified figure for here — check your district.

Debts & discharge

Student-Loan Discharge Adversary Proceedings in Bankruptcy

Student loans are not wiped out automatically by a bankruptcy discharge. Under 11 U.S.C. § 523(a)(8), a debtor who wants those loans discharged must file a separate lawsuit inside the bankruptcy case — an adversary proceeding — and show that repayment would impose an undue hardship. The bankruptcy judge, not the loan servicer, decides.

Key points

A bankruptcy discharge does not by itself erase student loans; 11 U.S.C. § 523(a)(8) excepts them unless the court finds undue hardship.
The request is made through an adversary proceeding — a separate lawsuit filed inside your bankruptcy case under Fed. R. Bankr. P. 7001(f).
Since November 17, 2022, Department of Justice guidance directs government attorneys to gather facts through an Attestation form and, where the facts support it, recommend discharge.
The DOJ guidance is internal policy and creates no enforceable rights; the bankruptcy court makes its own undue-hardship determination.
Partial discharge is expressly contemplated by the DOJ guidance, so the realistic outcome is not always all-or-nothing.

If you have been told bankruptcy "never" touches student loans, that is not quite right — but the path is narrower and more procedural than for credit cards or medical bills. It runs through a separate court case you have to start yourself, and through a standard called undue hardship. This page explains what that case is, who the defendant is, what the government looks at, and what it costs.

How does a student-loan adversary proceeding actually work?

Most debts vanish at discharge without anyone filing anything. Student loans do not. 11 U.S.C. § 523(a)(8) excepts educational loans and educational benefit overpayments from discharge "unless" excepting them would impose an undue hardship on the debtor and the debtor's dependents. Because that exception is not self-executing in your favor, you have to ask the court to apply it.

The vehicle is an adversary proceeding. Fed. R. Bankr. P. 7001(f) lists "a proceeding to determine whether a debt is dischargeable" as one of the matters that must be brought this way, and Rule 7001(i) covers a related request for declaratory judgment. In practice you file a complaint that opens a new, numbered case docketed alongside your bankruptcy, name the loan holder as defendant, serve it, and litigate. The Central District of California's guidelines describe the goal as "a judgment to discharge student loans where such student loans would impose an undue hardship on the debtor and the debtor's dependents." Bankruptcy courts describe this plainly to self-represented filers: student loans are "nondischargeable unless the debtor files an adversary proceeding against the creditor and proves to the Court that it would be an undue hardship not to discharge the debt."

The bankruptcy case and the adversary proceeding are two separate dockets with two separate numbers.
You are the plaintiff; the entity that holds the loan is the defendant.
The judge decides dischargeability — a servicer cannot grant or deny it.

What changes the answer in your case?

The single biggest variable is who holds the loan. Where the Department of Education is a defendant, a November 17, 2022 Department of Justice guidance applies, and it is unusually concrete about what the government weighs. It directs Department attorneys to stipulate to undue-hardship facts and recommend discharge where three conditions are met: the debtor presently lacks an ability to repay the loan; that inability is likely to persist in the future; and the debtor acted in good faith in the past in attempting to repay.

The guidance also builds in presumptions on the second factor. It says a debtor's inability to repay is presumed to persist where, among other circumstances, the debtor is 65 or older, has a disability or chronic injury affecting income potential, has been unemployed for at least five of the last ten years, failed to obtain the degree the loan was taken for, or the loan has been in a payment status other than "in-school" for at least ten years. Those presumptions are rebuttable, and the guidance says a debtor should disclose every circumstance that applies rather than relying on one.

Factors the DOJ guidance directs government attorneys to evaluate
Factor	What it asks	How it is developed
Present inability to repay	Can you make the payment now and keep a minimal standard of living?	Income and expense detail from the Attestation
Future inability to repay	Is that likely to persist for a significant part of the repayment period?	Attestation, plus listed rebuttable presumptions (age 65+, disability, long unemployment, no degree, long time in repayment)
Good faith	Did you make past efforts toward repayment?	Payment and account history supplied by Education to DOJ

What does federal law say about discharging student loans?

The controlling text is 11 U.S.C. § 523(a)(8), which sits inside the general list of exceptions to discharge. Section 523(a) opens by stating that a discharge under section 727, 1141, 1192, 1228(a), 1228(b), or 1328(b) "does not discharge an individual debtor from any debt" of the listed kinds. A 1990 amendment broadened paragraph (8) to reach an "educational benefit overpayment or loan made, insured or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution," and obligations to repay funds received as an educational benefit, scholarship, or stipend.

Two related provisions matter to what happens after. Under 11 U.S.C. § 524(a), a discharge voids any judgment determining personal liability on a discharged debt and operates as an injunction against collecting it. And 11 U.S.C. § 525(c)(1) bars a governmental unit operating a student grant or loan program, and lenders under a guaranteed student loan program, from denying a grant, loan, guarantee, or insurance because a person is or was a debtor in bankruptcy.

§ 523(a)(8) is the exception; undue hardship is the door through it.
In Chapter 13, 11 U.S.C. § 1328(a)(2) carries the § 523(a) exceptions into the completion discharge.
§ 525(c) limits discrimination in future student aid because of a bankruptcy filing.

Where do local and district rules differ?

The undue-hardship standard is federal, but procedure varies by district, and this is where local rules earn attention. Courts have published their own layers on top of the DOJ guidance. The Northern District of California issued guidelines that apply "only to adversary proceedings under 11 U.S.C. § 523(a)(8) in which DOE is a defendant." The Central District of California publishes a matching set, along with a form stipulation extending the government's deadline to answer a § 523(a)(8) complaint by 120 days and continuing the status conference so the parties can work through the Attestation process.

Some districts go further. The Middle District of Florida entered Administrative Order FLMB-2026-3 on July 15, 2026, creating a Student Loan Discharge Program with document-preparation software and an SLD Portal, a docketing event for a Notice of Participation, and a "no-look" fee structure for debtor's counsel. Districts also set service specifics. Check your own district before assuming a national process; your court's page is the starting point.

Deadlines can be extended by stipulation where DOE is the defendant.
At least one district runs a structured discharge program with its own portal and notice.
Local rules can govern service, captions, and how filing fees must be paid.

What does this look like in practice?

You file the bankruptcy case first, then file a complaint opening the adversary proceeding. Where the Department of Education is the defendant, the assigned DOJ attorney provides you with an Attestation form together with your student-loan account history and details, which Education supplies to DOJ. The Attestation is described by the courts as a lengthy form completed under penalty of perjury, requiring detailed information about current income and expenses and about your future ability to repay.

The government then evaluates the three factors and may stipulate to facts showing undue hardship and recommend discharge. It is important to understand the limit of that. The guidance itself states that the United States' position "is not binding on the bankruptcy court, which will render its own determination whether a debtor has met the standard for an undue hardship discharge." The parties cooperate on filing documents so the court can consider entering an order. The guidance also directs attorneys to consider the potential for a partial discharge where full discharge is not supported.

Complaint filed → summons issued → service → Attestation exchanged → evaluation → stipulation or litigation → the court decides.
In the Central District of California the government's response deadline may be extended 120 days by stipulation.
A Chapter 13 debtor in the Middle District of Florida program must amend the plan as needed within 30 days after the adversary proceeding concludes.

What does it cost, and what documents are involved?

Two costs are worth separating: the underlying bankruptcy case and the adversary proceeding. The Chapter 7 filing fee is $245 (28 U.S.C. § 1930(a)(1)(A), (f)(1)), plus a $78 administrative fee and a $15 trustee surcharge (Bankruptcy Court Miscellaneous Fee Schedule, Items 8 and 9, effective December 1, 2023). The Chapter 13 filing fee is $235 (28 U.S.C. § 1930(a)(1)(B)) plus the same $78 administrative fee. We do not publish a verified adversary-proceeding filing fee here; the amount and any waiver rules come from your court's fee schedule, and some districts specify payment method — the Western District of Missouri, for example, requires cashier's check, money order, or cash and treats a missing adversary filing fee as a deficiency to cure within 14 days.

On documents: the Attestation and your loan account history do most of the work, supported by income, expense, and employment records.

The complaint, summons, and certificate of service open and perfect the case.
The Attestation, completed under penalty of perjury, carries income, expenses, and future-ability detail.
Your student-loan account history and details, provided by Education to DOJ where DOE is the defendant.
Records supporting any presumption you rely on — age, disability, employment history, or degree status.

What should you ask a lawyer about this?

This is one of the few consumer bankruptcy matters that is genuinely litigation, with a complaint, service, discovery, and a trial if the case does not resolve. Courts say so directly: one district's pro se guide warns that "there are very specific procedures associated with adversary proceedings and you are advised to seek competent legal counsel" and points to a bankruptcy pro bono program with income-based eligibility. Some districts also allow debtor's counsel to be compensated for this work as an administrative expense, which can change the affordability calculation.

Useful questions to bring to a consultation are concrete ones about your own facts and your own district.

Who actually holds my loans, and does the DOJ guidance apply because DOE is a defendant?
Which of the listed presumptions, if any, do my circumstances fit, and what evidence supports them?
Is a partial discharge a realistic goal here rather than a full one?
Does my district have a student-loan discharge program, standing guidelines, or a form stipulation?
Should the adversary proceeding be filed with a Chapter 7 or a Chapter 13, and how would my plan need to change?
What is the total cost, including the adversary filing fee, and is pro bono or a no-look fee arrangement available?

Frequently asked questions

Are student loans ever discharged in bankruptcy?: Yes, but only if the court makes an undue-hardship determination. 11 U.S.C. § 523(a)(8) excepts educational loans from discharge unless excepting them would impose an undue hardship on the debtor and the debtor's dependents. That finding does not happen automatically — it requires an adversary proceeding, and the bankruptcy judge decides.
What is an adversary proceeding?: It is a lawsuit filed inside a bankruptcy case, with its own complaint, summons, and docket number. Fed. R. Bankr. P. 7001 lists which matters must be brought this way, including "a proceeding to determine whether a debt is dischargeable" under subsection (f). Part VII of the bankruptcy rules governs it, and those rules largely mirror federal civil procedure.
Does the Department of Justice guidance mean the government will agree to discharge my loans?: Not by itself. The guidance directs Department attorneys to stipulate to undue-hardship facts and recommend discharge where three conditions are satisfied, but it is internal DOJ policy and, in its own words, "does not create any substantive or procedural rights enforceable at law." The bankruptcy court makes its own determination regardless of the government's position.
Can I get part of my student loan discharged instead of all of it?: Partial discharge is contemplated. The DOJ guidance directs Department attorneys to consider the potential for a partial discharge when evaluating a case. That means the practical outcome is not necessarily all-or-nothing, and a request that would fail as a full discharge may still be worth developing on the facts.
Can I file the adversary proceeding without a lawyer?: Courts allow self-represented filers, and the DOJ guidance was written to work for debtors "whether they are represented by counsel or are self-represented litigants." But courts themselves flag the difficulty: one district's pro se guide advises seeking competent legal counsel for adversary proceedings and identifies an income-eligible bankruptcy pro bono program.
Does filing for bankruptcy affect future federal student aid?: 11 U.S.C. § 525(c)(1) addresses this directly. A governmental unit operating a student grant or loan program, and a lender making loans guaranteed or insured under a student loan program, may not deny a grant, loan, loan guarantee, or loan insurance because the applicant is or has been a debtor in bankruptcy or has not paid a dischargeable debt.
What does it cost to file the underlying bankruptcy case?: The Chapter 7 filing fee is $245, plus a $78 administrative fee and a $15 trustee surcharge. Chapter 13 is $235 plus the $78 administrative fee. The adversary proceeding carries its own separate filing fee set by the court's fee schedule, which we do not publish a verified figure for here — check your district.

Sources

11 U.S.C. § 523 — Exceptions to discharge · official source
11 U.S.C. § 524 — Effect of discharge · official source
11 U.S.C. § 525 — Protection against discriminatory treatment · official source
11 U.S.C. § 1328 — Discharge (Chapter 13) · official source
Fed. R. Bankr. P. 7001 — Types of Adversary Proceedings · official source
U.S. Bankr. Ct. S.D. Ala., 11/17/22 Guidance for Dept. of Justice Attorneys Regarding Student Loan Bankruptcy Litigation
U.S. Bankr. Ct. S.D. Ala., 11/17/22 Memo from Associate Attorney General
U.S. Bankr. Ct. C.D. Cal., Our Guidelines -- Student Loan Discharge when Dept of Education is a Defendant
U.S. Bankr. Ct. C.D. Cal., Stipulation to Extend Dates and Deadlines
CANB official material — Guidelines for Adversary Proceedings under 11 U.S.C. § 523(a)(8) in which the United States is a Defendant
Bankr. M.D. Fla. Procedure Manual — Student Loan Discharge Program
W.D. Mo. LBR 17004-1
COB official material — Guide for Debtors Filing Bankruptcy Without an Attorney
U.S. Bankr. Ct. D. Ariz., Choosing Your Chapter: What can Bankruptcy do for you? What will it do to you?
28 U.S.C. § 1930(a)(1)(A), (f)(1)
28 U.S.C. § 1930(a)(1)(B)
Bankruptcy Court Miscellaneous Fee Schedule, Item 8
Bankruptcy Court Miscellaneous Fee Schedule, Item 9

By Antonio G. Jimenez, Esq. · Florida Bar No. 21022

Last reviewed July 27, 2026 · Sources verified July 27, 2026 · How we verify

Every figure on this page is drawn from a primary legal source and checked against our canonical legal database before publication. Bankruptcy.law is not a law firm and does not provide legal advice.

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