Post-2022 Trends
Courts are granting discharge more frequently. The government is consenting more. Judges apply Brunner more flexibly. The trend is clearly toward easier discharge.
Notable Recent Decisions
Courts have granted discharge to: borrowers over 50 with limited prospects, borrowers with years of $0 IDR payments, and borrowers with chronic health conditions. The DOJ has consented in cases involving disability, low income, and long repayment histories.
What Makes Cases Succeed or Fail
Success: strong documentation, good faith effort, circumstances unlikely to improve. Failure: high income with choice not to pay, recent graduates with strong potential, no effort to engage with repayment.
Frequently Asked Questions
What is the current success rate?
Recent studies suggest 40-50% of those who file adversary proceedings receive full or partial discharge. The rate has increased since 2022. The biggest barrier is that most eligible borrowers never try.
Do I need to wait until I'm old or disabled?
No. Courts have granted discharge to younger borrowers with limited education, chronic unemployment, and single parents. The DOJ guidance does not require extreme circumstances.
How has the DOJ guidance affected government behavior?
The DOJ now consents to discharge in many previously contested cases. Earlier evaluations, more settlement discussions, and a softer adversarial posture for federal loans.
Check your bankruptcy discharge eligibility with our free screening tool.
Free Discharge Screener