Discharging Federal Student Loans Under the New DOJ Guidance

On November 17, 2022, the Department of Justice and Department of Education announced the publication of guidance and forms regarding discharge of student loans in bankruptcy. The new guidance provides clear eligibility requirements and more expeditious process for bankruptcy debtors seeking undue hardship discharges of federal student loans. 

The new guidance will dramatically change the treatment of federal student loans in bankruptcy and bring much-needed relief to student loan borrowers. The program taught by Natalie Jean-Baptiste, Attorney at the Law Office of Natalie Jean-Baptiste,  will teach bankruptcy practitioners how to assist clients struggling with overwhelming student loan debt.

1. Analyze the treatment of student loan debt in bankruptcy and how to demonstrate undue hardship

2. Break down scope and limits of the new guidance

3. Identify clients who are good candidates for discharge of student loan debt

4. Summarize how to file an adversary proceeding 

5. Discuss tips on how to complete Attestation Form