Pennsylvania Bankruptcy Help
Student Loans and Bankruptcy in Pennsylvania
Reviewed by Sean P. Quinlan, Attorney
Before you file
Compare your income with the Pennsylvania means test, review the property exemptions you may claim, and follow the steps to filing a Pennsylvania bankruptcy petition.
Student loans are not automatically discharged in bankruptcy. That is the honest answer, and I would rather you hear it from me than find out later. But that is not the whole answer — bankruptcy still does real work on student loan problems, and the discharge door is not locked as tightly as it was ten years ago.
What you should know
Why student loans are treated differently. Under 11 U.S.C. § 523(a)(8), qualified education loans survive a bankruptcy discharge unless the court finds that excepting them would impose an "undue hardship" on you and your dependents. That finding requires a separate lawsuit inside your bankruptcy case, called an adversary proceeding.
The Brunner test. Third Circuit courts, which cover all of Pennsylvania, apply the three-part Brunner standard: (1) you cannot maintain a minimal standard of living for yourself and your dependents if forced to repay; (2) additional circumstances indicate that state of affairs is likely to persist for a significant portion of the repayment period; and (3) you have made good-faith efforts to repay. It is a demanding test, but it is a test — not a bar. Filers with a permanent disability, a serious chronic illness, an age-related earnings ceiling, or a long documented history of income far below the loan balance are the strongest candidates.
What has changed recently. In late 2022 the Department of Justice and the Department of Education adopted a formal guidance process for evaluating undue-hardship claims in bankruptcy, built around a standardized attestation form and clearer criteria for when government attorneys will stipulate to a discharge rather than fight it. Reported outcomes since then show meaningfully more discharges and settlements than the pre-2022 baseline, and courts have shown more willingness to grant partial discharges. I will not promise you a particular result — the outcome still depends on your facts, your judge, and the loan servicer — but the landscape is genuinely more favorable than the "student loans can never be discharged" advice that circulated for years. If you have private student loans, note separately that some do not meet the § 523(a)(8) definition of a qualified education loan at all and can be discharged without an adversary proceeding.
What bankruptcy does even when the loans survive. This is the part most people miss.
- The automatic stay under § 362 stops administrative wage garnishment on defaulted federal loans, Treasury offset of your tax refund, and collection calls for the duration of the case.
- Discharging your credit cards, medical bills, and personal loans frees up monthly income, which often makes an income-driven repayment plan affordable for the first time.
- A Chapter 13 plan can hold student loan collection at bay for three to five years while you stabilize, and in some districts the plan can provide for ongoing payments.
- Getting out of default through consolidation or rehabilitation is far easier once the rest of your budget is not underwater.
For a lot of Pennsylvania clients, the realistic goal is not discharging the student loans — it is clearing everything else so the student loans become manageable. That is a legitimate and often life-changing outcome.
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Frequently Asked Questions
Common questions
They are not discharged automatically. Under 11 U.S.C. § 523(a)(8) you must file a separate adversary proceeding and prove undue hardship. Pennsylvania sits in the Third Circuit, which applies the Brunner test. It is a demanding standard, but discharges and partial discharges do happen, particularly for filers with disability, chronic illness, or a long record of income far below the loan balance.
A three-part standard: you cannot maintain a minimal standard of living while repaying, that situation is likely to persist for a significant portion of the repayment period, and you have made good-faith efforts to repay. All three parts must be satisfied for the court to grant an undue hardship discharge.
Somewhat. Since the Department of Justice and Department of Education adopted a formal guidance process in late 2022, government attorneys have used a standardized attestation to evaluate undue-hardship claims, and reported discharges and negotiated settlements have increased compared with prior years. Outcomes still turn on individual facts, the judge, and the servicer, so I evaluate each case on its own record rather than promising a result.
Yes, while the case is open. The automatic stay under 11 U.S.C. § 362 halts administrative wage garnishment on defaulted federal student loans and stops Treasury offset of your tax refund. If the loans are not discharged, collection can resume after the case closes, so we use that window to get you into an income-driven plan or out of default.
Not always. Some private loans do not meet the statutory definition of a qualified education loan under § 523(a)(8) — for example certain loans that exceeded the school's cost of attendance or were made for non-accredited programs. Those can be dischargeable without an undue hardship showing. We review the promissory notes to see which category yours fall into.
For many of my clients, yes. Discharging credit cards, medical bills, and personal loans frees up monthly income and often makes an income-driven student loan payment affordable for the first time. The goal in those cases is not to eliminate the student loans but to make them fit inside a budget you can actually sustain.
We charge a flat attorney fee that is fully disclosed and agreed to before you engage the firm. Court filing fees and the two required credit-counseling courses are separate. Many clients pay the attorney fee in installments before filing.
Chapter 7 stays on your credit report for up to 10 years; Chapter 13 for up to 7 years. In practice most clients see their FICO score improve within 12–24 months because their debt-to-income ratio drops dramatically and they can demonstrate on-time payments on new credit.
Related service areas
Service areas
Bankruptcy help in your Pennsylvania county
I file Chapter 7 and Chapter 13 cases in all 67 Pennsylvania counties. Start with your county or city below, or see every service area.
- Montgomery County Bankruptcy Attorney
- Bucks County Bankruptcy Attorney
- Chester County Bankruptcy Attorney
- Delaware County Bankruptcy Attorney
- Lancaster County Bankruptcy Attorney
- York County Bankruptcy Attorney
- Berks County Bankruptcy Attorney
- Lehigh County Bankruptcy Attorney
- Adams County Bankruptcy Attorney
- Washington Bankruptcy Attorney
- New Castle Bankruptcy Attorney
- Butler Bankruptcy Attorney
- Beaver Bankruptcy Attorney
- Shrewsbury Bankruptcy Attorney
- Forest City Bankruptcy Attorney
- Mercer County Bankruptcy Attorney
- Monroe County Bankruptcy Attorney
- Northampton County Bankruptcy Attorney
- Schuylkill County Bankruptcy Attorney
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NACBA & MDBBA Member · Middle District of PA Bankruptcy Attorney
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