
Hope for Borrowers: Student Loan Bankruptcy Success Rates Soar to 87%
A groundbreaking study reveals dramatically improved chances for student loan borrowers seeking bankruptcy relief. New federal guidelines are transforming how education debt is handled in court.
A ray of hope has emerged for millions of Americans struggling under the weight of student loan debt, with new research showing an unprecedented success rate for bankruptcy discharges.
According to a comprehensive study by University of Utah law professor Jason Iuliano, published in The American Bankruptcy Law Journal, student loan borrowers are now winning bankruptcy discharge cases at an extraordinary 87% rate - a dramatic increase from just 61% in 2017 and 40% in 2007.
The Biden administration's updated bankruptcy guidelines, introduced in November 2022, have been a game-changer. The Department of Education and Department of Justice implemented a more compassionate approach, allowing borrowers to complete a detailed 15-page attestation form that explains their financial challenges. This process now treats student loans more similarly to other types of debt in bankruptcy proceedings.
The study reveals compelling details about those seeking relief: women comprised 73% of student loan bankruptcy filers, with an average loan balance of $115,000. Some borrowers carried even more substantial debt, with 10% owing over $240,000. The ages of these individuals ranged widely, from 24 to 76 years old, highlighting the universal nature of student debt struggles.
Despite the improved odds, many borrowers remain unaware of their options. Out of more than 3 million bankruptcy filings between 2011 and 2024, only 7,293 individuals actually requested a student loan discharge. Professor Iuliano attributes this to a persistent myth that student loans are impossible to discharge in bankruptcy.
Bankruptcy attorney Malissa Giles from Virginia describes the new process as "life-changing" for her clients, many of whom have carried student debt for decades. The streamlined approach now offers genuine relief to Americans facing mounting financial pressure from a challenging labor market and complex lending system.
With over 42 million Americans holding student loans totaling more than $1.6 trillion, and approximately 5 million borrowers currently in default, this development offers significant hope. As Iuliano noted, "For many people, interest and fees have turned the balance into something they can never repay, so bankruptcy is the only real path out."
The Trump administration has not challenged these new guidelines, and the Education Department currently has no plans to modify the approach, suggesting a potential long-term solution for overwhelmed student loan borrowers.
Based on reporting by CNBC
This story was written by BrightWire based on verified news reports.
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