Student Loan Discharge Screener
Free & Confidential
Student Loan Discharge Screener
Answer five quick questions to see whether your situation shows signs that could support discharging student loans through bankruptcy. This is an educational tool, not a legal determination — see your personalized next step at the end.
Want the full picture first? Read our guide to student loan bankruptcy discharge in Florida.
Your Results
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This screener provides an educational estimate based on your answers. It is not legal advice and does not determine eligibility for a student loan discharge — only a bankruptcy attorney's review and the Bankruptcy Court can do that. Results do not guarantee any particular outcome.
The Three-Part Undue Hardship Test (Florida & the Eleventh Circuit)
| Factor | What courts look at |
|---|---|
| Minimal standard of living | Whether paying the loans, given current income and reasonable expenses, would prevent you and your dependents from covering basic needs. |
| Persistence of hardship | Whether circumstances show your inability to pay is likely to continue for a significant part of the repayment period, not just today. |
| Good-faith effort | Whether you've made a genuine effort to deal with the loans — this can include partial payments, income-driven repayment, deferment, or forbearance, not just full on-time payment. |
Frequently Asked Questions
Can student loans really be discharged in bankruptcy?
Yes, but not automatically. Under 11 U.S.C. § 523(a)(8), a debtor must show that 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?
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 an adversary proceeding?
It's a lawsuit filed inside your bankruptcy case asking the court to rule that your student loans meet the undue hardship standard and should be discharged.
What is the Brunner test?
It's the three-part undue hardship standard used by the Eleventh Circuit (which covers Florida): minimal standard of living, persistence of hardship, and good-faith effort to repay.
Does this only apply to federal loans?
The streamlined Department of Justice/Department 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.
How long does a student loan discharge case take?
It varies by case complexity and whether the government stipulates to undue hardship or the issue is litigated. An attorney can give you a realistic estimate after reviewing your situation.
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