Welcome to How to Bankrupt Your Student Loans and Other Discharge Strategies
This website is dedicated to helping honest debtors struggling with student loans to discharge or reduce their debts through bankruptcy or other means.
- Are you considering or entering into bankruptcy and want to include your student loans? Don’t let others tell you it is impossible to bankrupt your student loans. It is possible and you can do it yourself. We give specific details on how to file an adversary proceeding in conjunction with your bankruptcy to have the court determine if repaying your student loans create an “undue hardship” and should be discharged.
- Have you already been through bankruptcy and only now learned that you may have been able to include your student loans. We now have explicit information on how you can reopen the bankruptcy for the purpose of discharging your student loans.
- Perhaps you are not considering bankruptcy but want to explore filing a Compromise or Write-Off? We give concise information on these strategies and the keys for effective negotiations with the lender.
- Many other discharge strategies are discussed.
You can do it! No attorney needed! Remember, if you do not try to have your loans discharged, you will be stuck with them—possibly for the rest of your life. There goes your dream of owning a house and more. Filing fees are zero. You have nothing to lose. We will show you how.
Besides focusing on the direct needs of debtors to obtain discharge of their student loan debt, we are here to help organize community efforts to affect the political process to address the student loan debt morass.
Newly Revised & Updated for 2020!
This reference book has been completely revised and updated for 2020. It is now almost 100 pages longer with many more case studies — including 34 case studies where debtors won a discharge of their student loans. How to Bankrupt Your Student Loans and Other Discharge Strategies is the only book to take you through the adversary proceeding to discharge your student loans through bankruptcy. The book may be purchased through Amazon.
To purchase the book, visit Amazon.
Once you purchased the book, you may register at this website to gain FREE access to additional resources to help you with your own court case. This includes instructional videos for each step of the way. We hope you the best.
Here are additional resources that may help. You gain access to these webpages and videos by registering with this website after purchasing the book. Documents and References; Video Instruction; Click here to see additional resources.
Laura M. -- "I found myself unemployed and in a financial downward spiral last year, unable to keep up with all my bills, including my student loan which had tripled in size (over $100K) over the last 20 years, the option left was BK. I purchased Chuck's book to deal with the student loan portion. It became my bible - getting me through the Adversary proceedings and ending with a fair settlement with DOE. I do believe I wouldn't have reached the end without the help of this book."
Read more success stories here: Success Stories
So, how many people are successful?
Academic researchers Aaron N. Taylor and Daniel J. Sheffner (2016) found "51% of First Circuit debtors and 46% of Third Circuit debtors who sought discharge of their student loans obtained some form of relief—either an undue hardship discharge, a settlement, or a default judgment.“ (Oh, What a Relief It (Sometimes) Is: An Analysis of Chapter 7 Bankruptcy Petitions to Discharge Student Loans. St. Louis University School of Law.
In a more recent study that covered all bankruptcy districts in the United States, Jason Iuliano, J.D. Harvard Law School and Ph.D. student in Politics, Princeton University, found that 40% of those who sought discharge through the adversary proceeding were successful. Also, he found that there was no greater success having an attorney represent the debtor versus those who represented themselves. Importantly, less than 0.1% of those with student loans who entered into bankruptcy attempted to also bankrupt their student loan meaning that 99.9% of debtors did not try. (See American Bankruptcy Law Journal 495)
What is missing from all these studies is an analysis of cases that never make it to trial. Chuck Stewart, author of the book, is such a case. I settled with the Department of Education for 10% of the total—i.e., pay $50/m for 10 years. As such, his case is not counted in these studies. It is estimated that half of all adversary proceedings do not enter into trial. The DOE would rather come to some agreement rather than potentially lose a case in court that would affect all future cases. Regardless, if academic research says 60% or 40% of adversary proceedings are successful (and I believe the real number is 80-90% when you take in all cases that are settled out of court), the important thing is to file. It costs nothing to file. I believe, if just 10% of those who could file were to do so, the system would collapse. DOE simply does not have enough attorneys to handle that many cases. That would force Congress to take action and alleviate the bad law.
LinksNot only is this website dedicated to helping individual debtors with their student loans, but serves as an advocacy for changing law to re-specify student loans back to their original status as unsecured debt dischargeable directly through bankruptcy.
- Community Resources
There are many community resources that provide free or low-cost legal consultation and representation.
Political Activist Groups
The student loan mess has spawned many activist groups interested in political action. Perhaps you want to participate?
In The News
Check out changes in policy, legislation, court cases, and other news related to student loans.