Section 523(a)(8)
Student loans are excepted from discharge unless repayment would impose "undue hardship." You must file an adversary proceeding and present evidence. The standard is higher than for other debts.
What Courts Consider
- Current income and expenses
- Employment history and prospects
- Health, age, disability
- Dependents
- Loan balance relative to income
- Efforts to repay (IDR, deferment, payments)
- Whether the degree improved earning capacity
The Trend Toward More Discharges
Since the 2022 DOJ guidance, courts are applying the standard more flexibly. The government now evaluates cases on merits rather than reflexively opposing. Success rates have increased significantly.
The DOJ created an internal "attestation form" process where borrowers provide financial information that the government uses to decide whether to consent to discharge, negotiate partial discharge, or oppose. This is a major shift from the pre-2022 era when the government opposed virtually every student loan discharge case regardless of the borrower's circumstances.
Several circuits have also moved away from a rigid application of the Brunner test. The Eighth Circuit and others have emphasized that Brunner's three prongs should be applied with common sense rather than as an impossible standard. Some courts now grant partial discharge -- eliminating a portion of the loan balance while requiring repayment of the rest. The Section 523(a)(8) exception is no longer the absolute bar it once was.
Do not assume discharge is impossible. The landscape has changed dramatically. Consult an attorney experienced in student loan adversary proceedings.
Last updated: March 2026. Not legal advice.
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