Why is discharging student loans in bankruptcy falsely portrayed as being impossible?

A quarter of a million people with student loans file for bankruptcy each year, yet only a small number seek to discharge their educational debt. Recently Villanova University School of Law Professor Jason Iuliano examined what he called the Student Loan Bankruptcy Gap to understand this phenomenon.

In this podcast episode, Gene Melchionne and I discuss the costs of bringing a student loan bankruptcy discharge case, how the mechanics of the process make it more daunting for bankruptcy lawyers and borrowers alike, and closing the Student Loan Bankruptcy Gap to provide debt relief to millions of individuals.


Meet Jay

Since I became a lawyer in 1995, I’ve represented people with problems involving student loans, consumer debts, mortgage foreclosures, collection abuse, and credit reports. Instead of gatekeeping my knowledge, I make as much of it available at no cost as possible on this site and my other social channels. I wrote every word on this site.

I’ve helped thousands of federal and private student loan borrowers lower their payments, negotiate settlements, get out of default and qualify for loan forgiveness programs. My practice includes defending student loan lawsuits filed by companies such as Navient and National Collegiate Student Loan Trust. In addition, I’ve represented thousands of individuals and families in Chapter 7 and Chapter 13 bankruptcy cases. I currently focus my law practice solely on student loan issues.

I played a central role in developing the Student Loan Law Workshop, where I helped to train over 350 lawyers on how to help people with student loan problems. I’ve spoken at events held by the National Association of Consumer Bankruptcy Attorneys, National Association of Consumer Advocates, and bar associations around the country. National news outlets regularly look to me for my insights on student loans and consumer debt issues.

I’m licensed to practice law in New York and California and advise federal student loan borrowers nationwide.