Student Loan Bankruptcy Discharge Attorney in Orlando, FL.
See if your student loans qualify for an undue-hardship discharge inside your Chapter 7 or Chapter 13 case. Flat fees, free consultation, Orlando attorney. Se habla español.
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Undue Hardship Discharge • Federal & Private Loans • Filed Inside Your Bankruptcy Case
By Juan C. Burgos, Esq. | Debt Relief Attorney | Florida Bar Active Status | Updated: 2026
Student loans can be discharged in bankruptcy — but only by proving "undue hardship" under 11 U.S.C. § 523(a)(8), and only as an added step inside an existing or newly filed Chapter 7 or Chapter 13 case, never as a standalone process. As of March 2026, roughly 9 million federal borrowers are in default on more than $220 billion in loans — over 13% of the $1.64 trillion national portfolio — with another 8.4 million borrowers and $485 billion sitting in forbearance. If you are one of them, a Middle District of Florida court program launched in 2026 has made pursuing a discharge more realistic than it has been in years.
For decades, "you can't discharge student loans in bankruptcy" was close enough to true to repeat as fact. That has changed. Federal guidance issued in November 2022 streamlined how the Department of Justice and Department of Education evaluate undue-hardship claims, and in 2026 the U.S. Bankruptcy Court for the Middle District of Florida went further, adopting its own Student Loan Discharge Program for cases involving Department of Education-held loans. None of this makes a discharge automatic. It does mean more Central Florida filers now have a real, court-recognized path — provided the case is built correctly and filed alongside a Chapter 7 or Chapter 13 case, not marketed as a shortcut around one.
The Legal Standard: Undue Hardship Under § 523(a)(8)
Student loans are presumed non-dischargeable unless you affirmatively prove undue hardship — the burden sits on you, not the lender or the government. In Florida, the Eleventh Circuit Court of Appeals formally adopted the three-part Brunner test in Hemar Ins. Corp. of Am. v. Cox (In re Cox), 338 F.3d 1238 (11th Cir. 2003), later affirmed in Educ. Credit Mgmt. Corp. v. Mosley (In re Mosley), 494 F.3d 1320 (11th Cir. 2007). Courts in this circuit will not reduce or restructure a loan under general equitable powers alone — all three factors below must be shown:
| Brunner Factor | What the Court Examines |
|---|---|
| Minimal Standard of Living | Whether paying the loans, given your current income and reasonable expenses, would prevent you and your dependents from covering basic needs like housing, food, and medical care. |
| Persistence of Hardship | Whether circumstances — disability, dependent care, a capped-income field, limited working years remaining — show the inability to pay is likely to continue for a significant part of the repayment period. |
| Good-Faith Effort | Whether you have made a genuine effort to deal with the loans — income-driven repayment, deferment, forbearance, or partial payments all count. A default alone does not disqualify you. |
Not sure where you stand on these three factors? Answer five quick questions in our free Student Loan Discharge Screener to see how your situation lines up.
Federal Loans vs. Private Loans: Two Different Paths
Which type of loan you hold changes which process applies:
Federal Loans (Dept. of Education)
- Direct, FFEL, and Perkins loans held by the Department of Education
- Eligible for the streamlined DOJ/Dept. of Education attestation process
- May qualify for the Middle District of Florida's 2026 Student Loan Discharge Program under Administrative Orders FLMB-2026-3 and FLMB-2026-4
- Still requires filing an adversary proceeding inside your bankruptcy case
Private Loans (Bank or Lender)
- Not covered by the federal attestation program or the 2026 MD FL court program
- Pursued through a traditional, litigated adversary proceeding
- Same three-part Brunner undue-hardship standard applies
- Often requires more extensive financial documentation to support the claim
One important distinction: the Middle District's separate Student Loan Portal, in place since 2019, is a Chapter 13 repayment-mediation tool — it is not the same program as the 2026 discharge initiative described above, and the two should not be confused.
See Where You Stand — Free 5-Question Screener
Answer a few questions about your loans, your budget, and your repayment history to see whether your situation shows signs that could support an undue-hardship case — then get your personalized next step.
How a Student Loan Discharge Case Actually Works
A discharge is never its own filing — it is a case built on top of a bankruptcy you already have, or one we file for you:
1. An Underlying Chapter 7 or Chapter 13 Case: Student loan discharge only happens inside a bankruptcy case. If you have not filed yet, we evaluate and file that case first — see Chapter 7 and Chapter 13 for how each works.
2. Documenting the Three Brunner Factors: We build the financial record — income, reasonable expenses, medical or disability documentation, and your repayment history — needed to support minimal standard of living, persistence, and good faith.
3. Filing the Adversary Proceeding: A separate lawsuit is filed inside your bankruptcy case asking the court to find undue hardship and discharge the loans. For qualifying federal loans, this may proceed through the streamlined attestation process instead of full litigation.
4. Government Review or Litigation: The Department of Justice and Department of Education review attestation filings for federal loans; private lenders typically contest the claim, requiring a hearing before the bankruptcy judge.
5. Court Ruling: The court either grants a full or partial discharge, or denies it. Outcomes are fact-specific — there is no guaranteed result, which is why an honest case evaluation up front matters more here than in a standard filing.
Does Chapter 7 or Chapter 13 Work Better for This?
Either can support a student loan adversary proceeding, and the right fit depends on your broader financial picture, not the loans alone. Chapter 7 moves faster and is often the right choice if your income qualifies and you have no other debts you need to restructure. Chapter 13 may fit better if you also need to catch up on a mortgage or your income is above the means-test limits for Chapter 7. We review both against your actual numbers during your consultation, and the student loan strategy gets built around whichever underlying case makes sense — not the other way around.
Frequently Asked Questions About Student Loan Discharge
Can student loans really be discharged in bankruptcy?
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Yes, but not automatically. Under 11 U.S.C. § 523(a)(8), you must prove repayment would create an undue hardship by filing a separate adversary proceeding inside a Chapter 7 or Chapter 13 case.
Do I need to file bankruptcy first?
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Yes. Student loan discharge is not a standalone process — it only happens inside an existing or newly filed Chapter 7 or Chapter 13 bankruptcy case.
What is the Brunner test, and does Florida use it?
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Yes. The Eleventh Circuit, which covers Florida, formally adopted the three-part Brunner undue-hardship test in In re Cox (2003): minimal standard of living, persistence of hardship, and good-faith effort to repay.
Does this only apply to federal student loans?
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The streamlined DOJ/Dept. of Education attestation process, and the Middle District of Florida's 2026 Student Loan Discharge Program, apply specifically to federal loans held by the Department of Education. Private loans can still be pursued through a traditional adversary proceeding.
What is the Middle District of Florida's 2026 Student Loan Discharge Program?
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It's a court program established by Administrative Order FLMB-2026-3 (July 2026) and clarified by Amended Administrative Order FLMB-2026-4 (August 2026), designed to streamline undue-hardship review for federal, Department of Education-held loans. It is separate from the court's older Student Loan Portal, which has handled Chapter 13 repayment mediation since 2019.
Will filing for a student loan discharge affect my other debts?
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No. The adversary proceeding only addresses the student loans named in it. Your Chapter 7 or Chapter 13 case handles the rest of your debts — credit cards, medical bills, and other unsecured balances — the same way it would without a student loan claim attached.
How long does a student loan discharge case take?
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It varies with case complexity and whether the government stipulates to undue hardship through the attestation process or the issue is litigated. We can give you a realistic estimate after reviewing your loans and financial picture.
Find Out If You Qualify
Schedule a free, confidential consultation. We'll review your loans, your bankruptcy options, and whether an undue-hardship case makes sense as part of your filing.
🌐 Multilingual Support: Se habla español • Falamos português. We also offer dedicated assistance in Chinese to support our diverse local community.
*By Juan C. Burgos, Esq. — Florida Bar Attorney Registration No. 84056. Statutory Notice: Under federal statutory parameters, this office operates as a designated debt relief agency, proudly assisting consumers and small business owners in obtaining protective legal relief under the provisions of the United States Bankruptcy Code. Student loan discharge outcomes are fact-specific and are not guaranteed; a discharge is only available inside an existing or newly filed Chapter 7 or Chapter 13 case. Accessing or reviewing the informational summaries featured on this digital platform provides a general educational outline and does not establish an official attorney-client relationship between the parties.
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