What Form Do I Use to Discharge a Student Loan by Bankruptcy?

By intent, the Bankruptcy Court does not make Student Loans easy to discharge. Thus, there is no standardized form for discharging student loans.

Instead, a ‘Complaint to Determine Dischargeability of Student Loan’ may be filed with the Bankruptcy Court.

To be clear, this is NOT a standardized form for a Student Loan Discharge. Rather, it is a custom-drafted legal filing that is specific to the situation of the filer.

Generally, the process is like a lawsuit filed in Bankruptcy Court, where one has to allege the facts that the existence of the bankruptcy debt, absent discharge, would cause an undue hardship.

Further, this process is not part of a typical Bankruptcy filing — i.e. it is not the type of filing that can be easily handled pro se using the fillable documents and sample resources like those offered by Standard Legal.

Given that the discharge of a student loan process is significantly more complicated than completing and submitting standardized forms, Standard Legal recommends consulting an attorney to discuss discharging any student loan via bankruptcy.