Bankruptcy and Student Loans: Is There Any Relief in Arizona?
Student loan debt can feel overwhelming, especially when it follows you for decades and limits your ability to move forward financially. Many Arizona residents are told that student loans are never dischargeable in bankruptcy — but that’s not entirely true. While student loans are treated differently than most debts, bankruptcy can still provide relief in […]
Student loan debt can feel overwhelming, especially when it follows you for decades and limits your ability to move forward financially. Many Arizona residents are told that student loans are never dischargeable in bankruptcy — but that’s not entirely true.
While student loans are treated differently than most debts, bankruptcy can still provide relief in certain situations, and recent legal developments have made that relief more realistic than it used to be.
Are Student Loans Automatically Discharged in Bankruptcy?
No. Unlike credit cards, medical bills, or personal loans, student loans are not automatically discharged when you file bankruptcy.
However, that does not mean bankruptcy is useless if you have student loan debt.
The “Undue Hardship” Standard
To discharge student loans in bankruptcy, you must show that repayment would cause undue hardship. This typically requires filing a separate lawsuit within the bankruptcy case, known as an adversary proceeding.
Courts generally look at factors such as:
- Your current income and expenses
- Whether you can maintain a minimal standard of living if forced to repay
- Whether your financial hardship is likely to continue
- Whether you’ve made good-faith efforts to repay
This is a fact-specific analysis, and no two cases are exactly the same.
Recent Changes Have Made Relief More Possible
In recent years, federal policy changes have made it easier for borrowers to obtain student loan relief through bankruptcy, particularly for federal student loans.
These changes allow the government to:
- Consider settlements
- Streamline hardship evaluations
- Reduce unnecessary litigation when hardship is clear
While discharge is still not guaranteed, bankruptcy courts are now more receptive to legitimate student loan hardship cases than they were in the past.
How Bankruptcy Can Help Even If Loans Aren’t Discharged
Even when student loans remain in place, bankruptcy can still provide meaningful relief by:
- Eliminating other debts so student loans become manageable
- Stopping collection lawsuits and garnishments
- Pausing collection activity during the bankruptcy case
- Improving overall cash flow
For many clients, removing credit card and medical debt creates enough breathing room to deal with student loans more effectively.
Chapter 7 vs. Chapter 13 and Student Loans
Chapter 7 Bankruptcy
- Student loans usually survive
- Other unsecured debts may be eliminated
- Can improve financial stability quickly
Chapter 13 Bankruptcy
- Allows structured repayment over 3–5 years
- Student loans may be paid partially or temporarily paused
- Useful for stopping garnishments or default-related actions
Each option has advantages depending on your income and goals.
Is Bankruptcy Worth Considering If You Have Student Loans?
It may be — especially if:
- You have significant non-student-loan debt
- Your income is limited or fixed
- You’re facing garnishment or lawsuits
- You’ve exhausted other repayment options
A bankruptcy attorney can evaluate whether an undue hardship claim is realistic and whether bankruptcy still makes sense even without a discharge.
How Arsenal Law Can Help
At Arsenal Law, we help Arizona clients understand what bankruptcy can and cannot do when student loans are involved. We look at the full picture — not just whether a discharge is possible, but whether bankruptcy can improve your financial situation overall.
Talk to an Arizona Bankruptcy Attorney
If student loans are part of your financial stress, don’t assume there are no options.
Call 480-459-6080
Schedule a consultation: /schedule-an-initial-consultation/