Student Loan Discharge

Student loans are one of the most pressing debt issues that Ohioans are facing. Student loans collection efforts are ramping up from the federal government, and the government can garnish your wages or social security without a court order.

For years, student loans were difficult to discharge in bankruptcy. Many Ohio bankruptcy attorneys still don’t think they can be discharged in bankruptcy or do not look into it. Here at Conley Law, we know the truth. Student loans can be discharged in bankruptcy, and it is easier than ever to get them discharged.

In November 2022, the DOJ announced the modern attestation process to discharge student loans. A December 2025 study found that 87% of complaints that were filed to discharge student loans resulted in some success. This is great news for Ohioans that are struggling to pay their federal student loans.

To discharge federal student loans in bankruptcy, you must meet three elements, 1) present inability to repay; 2) future inability to repay; and 3) good faith efforts to repay.

For present inability to repay, it just looks at your monthly disposable income and compares that to the standard student loan repayment amount. If your allowable expenses reduce your disposable income to below the standard student loan repayment amount, you satisfy this element.

For the future inability to repay, we need to show that your income is not likely to increase to an amount necessary to make significant repayments on your loans. Several factors apply here, but disability, being a single parent, or working in an industry that is going through automation, downsizing, or outsourcing can also work in your favor.

The last element is also the easiest element to satisfy. Making any payment, including a $0 IDR payment; signing up for an IDR, deferment, or forbearance; and consulting with the Ohio bankruptcy attorney at Conley law all satisfy this element.

The Ohio bankruptcy attorney’s favorite part of working with consumer bankruptcy clients is getting their student loans discharged. We review all clients’ situations to see if we can discharge their federal student loans in bankruptcy.