Discharging Federal Student Loans in Bankruptcy

Published Monday, February 16th, 2026 by Attorney Dave Falvey - 286 views

Most people (attorneys included) believe that student loan debt is untouchable in bankruptcy. I used to think that too.

But this past month, in a case here in Connecticut, I successfully helped a client discharge over $240,000 in federal student loans. No adversary proceeding. No trial. Just a signed attestation and supporting documentation. And yes, it was approved.

This wasn’t a backdoor trick or legal loophole. It was the correct application of a process that still exists, despite what many in the legal community may believe.

A Lot of Attorneys Thought Attestation Was Dead

Th outcome in this case relied on the Department of Justice’s attestation-based discharge process for federal student loans.

To be clear this option does not apply to private student loans. It also isn’t automatic. The borrower must demonstrate with sincerity and legal credibility that they have no realistic ability to repay the debt now or in the future.

Many lawyers assumed that attestation quietly died under the Trump administration. I checked too before taking this case. But the truth is, it’s still here and if you qualify it works.

Basically, I had to check and make sure to see if had been abolished under Trump and to my surprise I found it wasn’t. I actually had to make certain before taking on this case.

It’s a Narrow Path but a Real One

There are only a few individuals in the country who review these attestation requests and approval is far from guaranteed.

What made this case successful? The borrower’s circumstances were clear, and frankly the debt was un-payable by any measure.

There was no need to litigate. The documentation we submitted stood on its own. The attestation was approved and the US attorney overseeing the case had no objection. The judge concurred with the findings of the attestation and entered an order discharging all of the student debt. The court granted a full discharge based on the statutory criteria and the sworn attestation.

The result? A fresh start for someone who had been carrying the weight of six-figure federal debt for many years.

This Case Gave Someone Their Life Back

I don’t take these moments lightly. A student loan burden of $240,000 impact credits and it shapes every decision a person makes.

This discharge finally gave my client the freedom to move forward without that cloud hanging over them. No more watching interest pile up. No more choosing between medical bills and minimum payments. No more deferred dreams.

A Word of Caution

Let me be clear: very few people qualify for student loan discharges. The law is rigid and the standards are high. The courts aren’t simply handing out student loan discharges, and the attestation process requires a deep understanding of both bankruptcy and federal loan regulations.

But the fact that it happened and that it can happen matters. It means there is hope for those who believed they have none. And it means we as attorneys need to stay sharp and keep questioning what’s truly possible under the law.

Final Thoughts

I’m sharing this as a reminder to never assume the law is closed off to you. The system evolves even in areas long considered impenetrable like federal student loans and there are always options worth exploring.

If you’re facing overwhelming debt and want to inquire if student loan bankruptcy will work for you, let’s have a conversation.

You may have more luck than you think!