Can You File Bankruptcy on Student Loans? (2026 Guide)

Yes — student loans can be discharged in bankruptcy. The law recognizes two paths: some private loans are not legally protected and can be eliminated like any other unsecured debt, and all other loans require a hardship review in a separate lawsuit. This page shows how the system is structured and directs you to the rules that apply to your type of loan.

Federal student loans use a standardized hardship review managed by the Department of Justice. This review determines how federal cases are evaluated once a bankruptcy is filed and whether the government supports discharge.

Learn More: How to File Bankruptcy on Federal Student Loans (DOJ Attestation Process)

Private student loans follow rules that differ from federal loans. Some private loans are not legally protected in bankruptcy, while others require a hardship review. The path depends on how the loan is classified under the bankruptcy code.

Learn More: Private Student Loan Bankruptcy: Discharge Rules & Tactics

When a student loan is legally protected from automatic discharge, bankruptcy courts require borrowers to meet an “undue hardship” standard. This standard determines whether the loan can be discharged under bankruptcy law.

Learn More: Undue Hardship Evidence Guide

Most bankruptcy courts use a framework known as the Brunner Test to decide whether a borrower meets the undue hardship standard. This legal test is the legal framework courts apply in many hardship cases.

Learn More: Brunner Test: How Courts Decide Student Loan Hardship

Student loans are not evaluated for discharge in the bankruptcy case itself. A separate lawsuit—called an adversary proceeding—is required for the court to review the loan and apply the hardship standard.

Learn More: Student Loan Adversary Proceeding: How the Lawsuit Works

Different borrowers reach bankruptcy from different starting points. These situations have unique rules and are covered in depth on their dedicated pages.

High-Income Borrowers

Some professional-degree borrowers use the non-consumer debt exception to qualify for Chapter 7 without passing the Means Test.

Learn More: Student Loans as Non-Consumer Debt

Cosigners

Cosigner exposure depends on the chapter and on how private lenders respond once the case is filed.

Learn More: What Happens to a Cosigner in Student Loan Bankruptcy?

If Student Loans Are Your Only Debt

Some borrowers file bankruptcy solely to bring their student loans into court when no other path is available for relief.

Learn More: Bankruptcy When Student Loans Are Your Only Debt

A bankruptcy case creates long-term changes to credit reporting, debt balances, and financial eligibility rules. These effects follow a defined timeline that varies by loan type and chapter.

Learn More: Life After Student Loan Bankruptcy

Student loan bankruptcy follows a consistent structure. Three questions determine which rules apply:

1. What type of loan do you have? Federal and private loans follow different legal frameworks.

2. Does the loan require a hardship review? Protected loans are evaluated under established hardship standards.

3. Are you ready to pursue the process that decides discharge? Student loans are reviewed only in the separate lawsuit filed inside the bankruptcy case.