What the Guidance Says
Joint DOJ/Department of Education guidance creates a streamlined evaluation process using an attestation form. Government attorneys evaluate holistically and consent to discharge when evidence supports it. The biggest change in decades.
The Attestation Form
Borrowers submit a detailed form covering income, expenses, assets, employment, health, and loan history. The DOJ evaluates using factors more flexible than Brunner. Standardized process reduces cost and complexity.
Impact on Discharge Rates
Significantly increased discharge rates. More consent resolutions. Shorter average time to resolution. Borrowers who previously would not have tried are now filing and succeeding.
Frequently Asked Questions
Does it apply to private loans?
No. Only federal student loans. Private lenders are not bound by the guidance.
Can the next administration reverse it?
Yes. It is executive branch policy, not law. But the legal standard (undue hardship under 523(a)(8)) remains regardless.
How do I take advantage of it?
File bankruptcy, then file an adversary proceeding. Your attorney completes the attestation form. If the DOJ consents, no trial needed.
Check your bankruptcy discharge eligibility with our free screening tool.
Free Discharge Screener