What Winning a Student Loan Discharge Case Actually Looks Like

 Posted on February 11, 2026 in Bankruptcy and Car Equity

Student loan debt follows most people through bankruptcy, while credit card balances, medical bills, and personal loans get wiped out. As a result, most people believe bankruptcy cannot help with student loans at all. That is not entirely true. You can discharge student loans in bankruptcy, but you must prove something called "undue hardship.".

Winning a student loan discharge case is difficult but not impossible. In 2026, more bankruptcy attorneys are taking on these cases as student debt continues to crush borrowers who have no realistic way to repay their loans. Success requires strong evidence, careful preparation, and an understanding of exactly what courts look for when deciding these cases.

If you have been struggling with student loan debt for years with no end in sight, understanding what a successful discharge case looks like can help you decide whether pursuing this option makes sense for your situation. Our Bowie, MD consumer bankruptcy attorney can give you more information. 

What Is the Brunner Test for Student Loan Discharge?

Under 11 U.S.C. Section 523(a)(8) of the Bankruptcy Code, student loans can be discharged only if repaying them would impose an "undue hardship" on you and your dependents. The problem is that the Bankruptcy Code does not define what undue hardship means. Courts have created their own tests to determine when hardship rises to the level of "undue."

Most courts use the Brunner test, which comes from a 1987 court case. The Brunner test requires you to prove three things:

You Don’t Have a Minimal Standard of Living

First, you cannot maintain a minimal standard of living for yourself and your dependents if you are forced to repay the student loans. This means your income barely covers basic necessities like food, shelter, and medical care, with nothing left for loan payments.

Your Financial Situation is Not Temporary

Second, your financial situation is likely to continue for a significant portion of the repayment period. Courts want to see that your hardship is not temporary. A recent job loss might not be enough, for example. Permanent disability, chronic illness, or other long-term circumstances that prevent you from earning enough income carry more weight.

You Made Good Faith Efforts to Repay

Third, you made good faith efforts to repay the loans before seeking discharge. Courts want to know whether you made payments when you could, whether you tried to work with your loan servicer to find affordable payment plans, and whether you explored income-driven repayment options. Filing for bankruptcy the day after graduation without ever trying to repay your loans will not show good faith.

What Does Success Look Like in a Student Loan Adversary Proceeding?

Success in a student loan discharge case can take different forms. Complete discharge of all your student loans is the best outcome. The court finds that you meet the undue hardship standard, and your entire student loan balance is wiped out just like other dischargeable debts.

Partial discharge is another possible outcome. Some courts will discharge a portion of your student loans while requiring you to continue repaying a reduced amount. For example, if you owe $100,000 but can reasonably afford to pay $20,000 over time, the court might discharge $80,000 and leave you responsible for the remaining $20,000.

Even if you do not win a complete or partial discharge, filing the adversary proceeding can sometimes lead to a settlement. Student loan lenders may offer to reduce your balance, lower your interest rate, or modify your repayment terms rather than go through a full trial. A settlement that makes your loans manageable can be a significant victory.

Contact a Greenbelt, MD Consumer Bankruptcy Lawyer Today

Student loan discharge cases require experience and a hands-on approach to building the strongest possible case. As a solo practitioner with over 20 years of experience helping people get out from under overwhelming debt, Attorney Donald Bell understands what it takes to prove undue hardship in court.

If you live in Maryland and student loans are destroying your financial future, our Bowie consumer bankruptcy attorney can evaluate whether you have a strong discharge case. The Law Office of Donald L. Bell offers free consultations for consumer cases and handles Chapter 7 bankruptcies for a flat fee. Call The Law Office of Donald L. Bell at 301-614-0535.