Northeast Florida · Jacksonville, FL
Student Loan Bankruptcy Attorney Jacksonville
Student loan debt can feel like it follows you everywhere — into your paycheck, your mailbox, and your peace of mind. If you’re behind on federal or private student loans and juggling other bills, The DeVries Law Firm, P.A. can review your full financial picture and explain, in plain language, whether bankruptcy may help. Not every student loan qualifies for discharge, and not every case is the same. A consultation with a Jacksonville bankruptcy attorney is the clearest way to find out where you stand.
Serving Jacksonville, Duval County, Orange Park, Fleming Island, St. Johns, Ponte Vedra, Jacksonville Beach, Atlantic Beach, Neptune Beach, Clay County, and Nassau County.
Where student loans and bankruptcy meet
Understanding Student Loan Debt and Bankruptcy in Jacksonville
Student loan debt has become one of the most persistent financial burdens facing families across Duval County and Northeast Florida. Between rising tuition costs, accumulating interest, and loans taken out to help a child through school, many borrowers now carry student debt alongside credit cards, medical bills, and car loans. When several obligations pile up at once, it can be difficult to know which problem to solve first — or whether legal relief is available at all.
Bankruptcy is a federal legal process designed to give individuals a structured way to address overwhelming debt. It interacts with student loans differently than it does with most other consumer debts, which is a major source of confusion. As a Student Loan Bankruptcy Attorney Jacksonville families turn to, The DeVries Law Firm, P.A. reviews each client’s loans, income, and overall debt picture before offering any opinion about what bankruptcy might accomplish. Because outcomes depend heavily on individual facts, personalized legal advice — not a general online article — is what actually determines whether a particular borrower has options worth pursuing.
This page explains, in plain English, how bankruptcy and student loans generally interact, what federal law requires, and why a conversation with an attorney is the only reliable way to know where you stand.
Not sure where your student loans and other debts leave you? A conversation is the fastest way to find out.
The most common question we hear
Can Student Loans Be Discharged in Bankruptcy?
The honest answer is: it depends. Under federal bankruptcy law, most student loans — both federal and private — are treated as presumptively nondischargeable. That means simply filing a Chapter 7 or Chapter 13 bankruptcy case does not, by itself, erase student loan debt the way it might erase a credit card balance. This is why it is inaccurate to say that bankruptcy automatically eliminates student loans, and any Student Loan Bankruptcy Attorney Jacksonville residents consult should explain this clearly from the outset.
To have a student loan discharged, a borrower generally must file a separate lawsuit within the bankruptcy case known as an adversary proceeding. In that proceeding, the borrower must show that repaying the loan would impose what courts commonly describe as an “undue hardship.” Bankruptcy courts around the country, including those in Florida, apply various tests and factors to evaluate undue hardship, considering things like current and reasonably foreseeable income, essential living expenses, and the length of time the borrower has been struggling to repay the loan. There is no single nationwide formula, and no attorney can promise in advance how a particular judge will rule.
Federal student loans and private student loans are both potentially subject to this undue hardship standard, but they are documented, serviced, and litigated differently, which can affect how a case is built. Depending on your circumstances, an attorney can evaluate whether pursuing an adversary proceeding makes sense, whether the cost and time involved are justified by the potential outcome, and whether other parts of your financial life could benefit from bankruptcy even if the student loans themselves are not discharged.
Every situation is unique. A borrower with a single federal loan and stable income faces a very different analysis than a parent with multiple Parent PLUS loans, a serious medical condition, or years of default. Only a case-by-case legal review can tell you which category you fall into — which is exactly why The DeVries Law Firm, P.A. encourages a consultation before anyone assumes bankruptcy will or will not help.
Not all student debt is treated the same way
Types of Student Loans and How Bankruptcy May Treat Them
Before discussing discharge or repayment strategy, it helps to know what category your loans fall into. A Student Loan Bankruptcy Attorney Jacksonville borrowers work with will typically start by sorting out exactly which loans are involved, since the type of loan can shape the options available.
Federal Student Loans
Loans issued or guaranteed by the U.S. Department of Education, including Direct Loans and older FFEL loans. These are subject to the same undue hardship standard as private loans in bankruptcy, but they also come with non-bankruptcy options like income-driven repayment that may be worth comparing to a legal filing.
Private Student Loans
Issued by banks, credit unions, or other private lenders. Private loans generally carry less flexible repayment programs outside of bankruptcy, which sometimes makes a legal review more relevant, though private loans are not automatically easier to discharge.
Parent PLUS Loans
Federal loans taken out by a parent on behalf of a student. These loans are the parent’s legal responsibility, and undue hardship is evaluated based on the parent’s financial circumstances, not the student’s, which can change the analysis significantly.
Consolidated Student Loans
Multiple federal loans combined into a single Direct Consolidation Loan. Consolidation can affect loan history and repayment timelines, both of which may factor into how a court views a later undue hardship claim.
Refinanced Student Loans
Federal or private loans refinanced through a private lender, often to obtain a lower interest rate. Refinancing generally converts the debt into a private loan and can eliminate federal protections, which is an important factor to review before deciding on a bankruptcy strategy.
Why This Matters
Because each loan type carries its own history, servicer, and repayment options, a thorough review of your loan documents is a necessary first step — not an afterthought — in any honest discussion of whether bankruptcy may help.
Federal, private, consolidated, or refinanced — bring your loan details and we’ll help you make sense of them.
Beyond student loans
How Bankruptcy May Help, Even When Student Loans Remain
Even in cases where student loans are not discharged, bankruptcy can still improve a borrower’s overall financial situation. Freeing up income that was going toward other qualifying debts can make ongoing student loan payments more manageable, which is often the practical, realistic benefit a Student Loan Bankruptcy Attorney Jacksonville clients speak with will walk through during a consultation.
Chapter 7 Bankruptcy
Chapter 7 may eliminate qualifying unsecured debts such as credit card balances, medical bills, and certain personal loans. Removing those obligations can free up monthly income that may then go toward student loan payments, giving many families a more workable budget and a financial fresh start.
Chapter 13 Bankruptcy
Chapter 13 creates a structured, court-supervised repayment plan over three to five years, allowing borrowers to manage multiple debts in one place. It can also provide relief from creditor pressure and collection activity while the plan is in place, giving breathing room to address student loans alongside everything else.
Choosing between Chapter 7 and Chapter 13 — or determining whether either is appropriate — depends on income, assets, debt types, and personal goals. This is another area where a consultation, rather than general information, is what actually moves a borrower toward a decision.
The rest of the picture
Other Debts That May Be Eliminated Alongside Student Loans
Student loans rarely exist in isolation. Many clients come to The DeVries Law Firm, P.A. carrying a mix of obligations, and addressing the qualifying debts below can make the remaining student loan balance far easier to manage:
- Credit card debt — often eligible for discharge in Chapter 7, discussed further in our guide to bankruptcy for credit card debt.
- Medical debt — frequently dischargeable and covered in more detail in our overview of bankruptcy for medical debt.
- Personal loans — unsecured personal loans are generally treated similarly to credit card debt.
- Collection accounts — bankruptcy’s automatic stay can halt collection calls; see our resource on how to stop debt collector harassment.
- Certain judgments — some civil judgments tied to unsecured debt may be addressed through bankruptcy, depending on the underlying claim.
Clearing away qualifying debts like these does not change whether your student loans are dischargeable, but it can meaningfully change your monthly budget, which is often the more immediate and achievable goal.
If wage garnishment, lawsuits, or collection calls are part of your situation, don’t wait to talk to an attorney.
When to reach out
Signs You Should Speak With a Bankruptcy Attorney
You do not need to wait until a crisis point to have a conversation, but the following are common reasons Jacksonville-area borrowers reach out to a Student Loan Bankruptcy Attorney Jacksonville families trust:
You’re behind on student loan or other debt payments
Your wages are being garnished, or you’ve received notice they might be
You’re receiving frequent collection calls or letters
You’ve been sued, or served with a lawsuit, over unpaid debt
Your total debt feels overwhelming compared to your income
You cannot consistently cover monthly living expenses
You’re actively considering Chapter 7 or Chapter 13 bankruptcy
You’re managing several types of debt at once and need a plan
The DeVries Law Firm, P.A.
Why Jacksonville Families Turn to The DeVries Law Firm, P.A.
Attorney Shawn DeVries and the firm work with individuals and families across Jacksonville and Northeast Florida who are trying to make sense of student loans, other debts, and what bankruptcy can realistically offer. The approach is straightforward:
Individualized Evaluation
Every review starts with your actual loan documents, income, and expenses — not a generic checklist. What may help one borrower may not apply to another.
Clear Communication
Bankruptcy and student loan law involve dense terminology. Explanations are given in plain language so you understand your options before deciding anything.
Compassionate Representation
Financial hardship is stressful and often isolating. Conversations are handled with patience and without judgment, whatever brought you to this point.
Local Jacksonville Service
The firm serves clients throughout Duval County and the surrounding Northeast Florida communities, with familiarity in the local bankruptcy process.
Set the record straight
Common Misconceptions About Student Loans and Bankruptcy
“My student loans automatically disappear if I file bankruptcy.”
RealityFiling bankruptcy alone does not discharge student loans. A separate adversary proceeding and a showing of undue hardship are generally required, and outcomes are not guaranteed.
“Private student loans are always easier to discharge than federal loans.”
RealityBoth federal and private student loans are subject to the same undue hardship standard in bankruptcy. Neither category is automatically easier to discharge than the other.
“Federal student loans can never be discharged, so there’s no point asking.”
RealitySome borrowers with federal loans have qualified for discharge under specific circumstances. Whether that applies to you depends on your facts, which is why a legal evaluation matters before ruling anything out.
“I should wait until I’m sued or garnished before talking to an attorney.”
RealityReviewing your options earlier often preserves more choices. Waiting until a lawsuit or garnishment begins can narrow the paths available to you.
“I have a job, so I don’t qualify for any bankruptcy relief.”
RealityEmployment status alone does not determine eligibility for Chapter 7 or Chapter 13, or for a student loan hardship claim. Courts look at the full financial picture, including income, expenses, and overall debt.
Ready to separate fact from assumption in your own situation?
What working with the firm looks like
Step-by-Step: What to Expect
Initial Consultation
A conversation about your situation, goals, and concerns regarding student loans and other debt.
Financial Review
A look at income, expenses, assets, and overall debt to understand your full financial picture.
Review of Student Loans
Sorting out loan types — federal, private, Parent PLUS, consolidated, or refinanced — and their current status.
Review of Other Debts
Identifying which additional debts, such as credit cards or medical bills, may qualify for discharge.
Determine Bankruptcy Options
Discussing whether Chapter 7, Chapter 13, or another path fits your circumstances.
Discuss Additional Proceedings
Reviewing whether pursuing a student loan adversary proceeding may be appropriate in your case.
Prepare Bankruptcy Documents
Gathering and preparing the financial disclosures and paperwork required by the bankruptcy court.
Filing
Filing your case with the U.S. Bankruptcy Court and explaining what happens immediately afterward.
Ongoing Guidance
Support through the remainder of the process, including any hearings, plan payments, or follow-up steps.
Northeast Florida coverage
Serving Jacksonville and the Surrounding Communities
The DeVries Law Firm, P.A. works with student loan and bankruptcy clients throughout Jacksonville and the greater Northeast Florida region, including:
Frequently asked questions
Student Loan Bankruptcy Attorney Jacksonville: FAQs
Can student loans be discharged in bankruptcy?
Sometimes. Most student loans are presumptively nondischargeable, but a borrower may pursue an adversary proceeding to ask the court for a discharge based on undue hardship. Not every borrower qualifies, and outcomes depend on the facts of the case.
Are federal student loans dischargeable?
Federal student loans can potentially be discharged, but only through a separate adversary proceeding showing undue hardship. Simply filing for bankruptcy does not erase them on its own.
What about private student loans?
Private student loans are treated similarly to federal loans for discharge purposes. They are also presumptively nondischargeable and subject to the same undue hardship standard.
What is an adversary proceeding?
An adversary proceeding is a lawsuit filed within your bankruptcy case, separate from the main filing, in which you ask the court to rule that repaying a specific debt — such as a student loan — would cause undue hardship.
Do I automatically qualify for a student loan discharge?
No. Qualification depends on your income, expenses, health, employment prospects, and other individual factors evaluated by the court. An attorney can review your circumstances and explain whether pursuing this option makes sense.
Can Chapter 7 bankruptcy eliminate student loans?
Filing Chapter 7 alone does not eliminate student loans. Chapter 7 may eliminate other qualifying unsecured debts, and a separate adversary proceeding would be needed to seek discharge of student loans specifically.
Can Chapter 13 bankruptcy help with student loans?
Chapter 13 can create a structured repayment plan that may make managing student loan payments alongside other debts more workable, even though it does not automatically discharge the loans themselves.
What if I have Parent PLUS loans?
Parent PLUS loans are the borrowing parent’s legal responsibility. An undue hardship claim involving Parent PLUS loans is evaluated based on the parent’s financial situation rather than the student’s.
Can bankruptcy stop wage garnishment?
Filing bankruptcy generally triggers an automatic stay, which can pause many collection actions, including some wage garnishments, while the case is pending. Learn more in our guide to stopping wage garnishment in Florida.
Will bankruptcy affect my credit?
Bankruptcy typically affects your credit report and score for a period of time. Many clients find that resolving unmanageable debt still improves their overall financial trajectory, but this is worth discussing individually.
Should I continue making student loan payments while I decide what to do?
This depends on your loan status, servicer, and overall financial situation. An attorney can help you understand how payment decisions may interact with a potential bankruptcy filing.
Can bankruptcy eliminate other debts besides student loans?
Yes. Debts such as credit card balances, medical bills, and certain personal loans may qualify for discharge, which can free up income even if student loans remain.
How do I know if I qualify for a student loan discharge?
The only reliable way to know is through an individualized legal review of your income, expenses, loan history, and other circumstances with an attorney familiar with student loan bankruptcy law.
Should I speak with an attorney before filing bankruptcy?
Yes. Bankruptcy involves detailed paperwork and legal standards, and a consultation can help you understand which chapter, if any, fits your situation before you file anything.
What is the undue hardship standard?
Undue hardship is the general legal standard courts use to decide whether a student loan can be discharged. Courts consider factors such as current and future income, necessary living expenses, and repayment history, though the exact approach can vary by court.
Does consolidating my student loans affect bankruptcy options?
Consolidation combines multiple federal loans into one, which can affect loan history and terms. This history may be relevant to a later undue hardship analysis, so it’s worth discussing with an attorney.
Does refinancing my student loans change anything?
Refinancing federal or private loans through a private lender typically converts them into private loans and can remove federal protections. This is an important detail to review before deciding on a bankruptcy strategy.
What happens during a bankruptcy consultation?
A consultation typically includes a review of your income, expenses, debts, and student loan documents, followed by a plain-language explanation of what options may be available to you.
How long does a Chapter 7 case take?
Chapter 7 cases often move through the court process over several months, though timing can vary based on the specifics of the case. An attorney can give you a more precise expectation after reviewing your situation.
How long does a Chapter 13 repayment plan last?
Chapter 13 plans generally run three to five years, during which qualifying debts are repaid according to a court-approved schedule.
Can I file bankruptcy if I only have student loan debt?
You can file, but if student loans are your only significant debt, it’s worth discussing with an attorney whether bankruptcy is likely to accomplish your goals, since student loans are not automatically discharged.
What documents should I gather before my consultation?
Recent student loan statements, information about other debts, pay stubs, and a general list of monthly expenses are typically helpful starting points.
Can medical debt be discharged along with student loans being reviewed?
Medical debt is often eligible for discharge in bankruptcy. See our page on bankruptcy for medical debt for more detail.
What if I’m being sued by a student loan servicer?
If you’ve been served with a lawsuit, it’s important to speak with an attorney promptly, since deadlines to respond can be short and missing them may limit your options.
Does bankruptcy stop collection calls related to student loans?
The automatic stay in bankruptcy generally halts most collection communications while the case is active. For more on this topic, see our resource on how to stop debt collector harassment.
Is there a cost to a consultation?
Consultation details, including any associated cost, are discussed when you call. Call (904) 944-9128 or schedule a consultation to learn more.
What areas does The DeVries Law Firm serve?
The firm serves Jacksonville, Duval County, Orange Park, Fleming Island, St. Johns, Ponte Vedra, Jacksonville Beach, Atlantic Beach, Neptune Beach, Clay County, and Nassau County.
Can bankruptcy help if I have both federal and private student loans?
Yes, a review can cover both types of loans together, along with any other debts, to give you a complete picture of your options.
What is a means test and does it apply to my student loans?
The means test is used to determine Chapter 7 eligibility based on income. It does not by itself determine whether student loans can be discharged, which is governed by the separate undue hardship standard.
Will filing bankruptcy stop my student loan wage garnishment permanently?
Bankruptcy’s automatic stay can pause many garnishments during the case, but whether relief continues afterward depends on the outcome of your case and whether the underlying loan is addressed.
What is a Florida Bankruptcy Webinar and can I learn more before my consultation?
The firm offers a Florida Bankruptcy Webinar that covers general bankruptcy concepts, which can be a helpful starting point before scheduling a one-on-one consultation.
How do I get started with The DeVries Law Firm, P.A.?
Call (904) 944-9128 or schedule a consultation to discuss your student loans and overall financial situation with a Jacksonville bankruptcy attorney.
Find out where you stand
Talk to a Student Loan Bankruptcy Attorney in Jacksonville
Every student loan situation is different, and not everyone qualifies for a discharge. The only way to know whether bankruptcy may help your unique financial situation is to review your loans, your other debts, and your income with an attorney who can explain your actual options.
Attorney Advertising: This website contains attorney advertising. The information provided is for informational purposes only and is not legal advice. Every bankruptcy case and student loan matter is different. Viewing this page or contacting The DeVries Law Firm, P.A. does not create an attorney-client relationship. Whether student loans may be discharged depends on the facts of your case and applicable law. Please consult an attorney regarding your specific circumstances.