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PUBLIC BAR ASSOCIATION

Student Loan Assistance

Calculators, relief programs, repayment strategies, and consumer protection resources.

Student Loan Repayment Calculator

Wage Garnishment Relief & Prevention

Federal collections have resumed. If in default, wage garnishment can take up to 15% of disposable income without court order.

01

How to Avoid Wage Garnishment

If you're in default or heading there, take action immediately. These strategies can help you avoid garnishment:

Primary Options:

  • Loan Rehabilitation: Make 9 on-time payments over 10 months. Removes default from credit. Apply at myeddebt.ed.gov
  • Direct Consolidation: Faster than rehabilitation but default stays on credit. Apply at StudentAid.gov
  • Request a Hearing: You have 30 days after notice to dispute debt or claim hardship
  • Enroll in IDR: After recovering from default, immediately apply for income-driven repayment
  • Stay in Contact: Never ignore your servicer—communication can prevent escalation
02

If Garnishment Has Already Started

Even after garnishment begins, you have options to reduce or stop it:

Immediate Actions:

  • Object Within 15 Days: File written objection with hardship documentation
  • Request Reduction: If 15% causes extreme hardship, request reduction to 10%
  • Rehabilitate During Garnishment: You can still rehabilitate while being garnished
  • Know the Limits: Maximum 15% of disposable income; cannot reduce below $217.50/week
  • Get Free Legal Help: Legal Aid offers free assistance
Important: Social Security benefits, tax refunds, and federal payments can also be seized for defaulted federal student loans.

Income-Driven Repayment Changes

Income-driven repayment plans cap your payments based on income and family size, with forgiveness after 20-25 years.

SAVE Plan Currently Blocked

The SAVE plan is currently blocked by court injunctions. Existing plans (IBR, PAYE, ICR) remain available but may face future modifications.

01

Available IDR Plans

Income-Based Repayment (IBR)

  • New Borrowers (after 7/1/2014): 10% of discretionary income, 20-year forgiveness
  • Older Borrowers: 15% of discretionary income, 25-year forgiveness

Pay As You Earn (PAYE)

  • 10% of discretionary income, capped at standard payment amount
  • 20-year forgiveness
  • Must demonstrate partial financial hardship

Income-Contingent Repayment (ICR)

  • 20% of discretionary income OR 12-year fixed payment (whichever is less)
  • 25-year forgiveness
  • Only IDR option for Parent PLUS loans (via consolidation)
02

What You Should Do Now

Given the uncertainty around IDR plans, take these protective steps:

  • 📋 Document your current plan and payment history
  • 📱 Update your StudentAid.gov account with current contact info
  • 🔔 Sign up for FSA announcements to get updates
  • 📞 Contact your servicer about available options
  • ⚖️ Use the Loan Simulator to explore alternative plans
  • 🤝 Get free help from TISLA or NCLC

Understanding Your Loan Types

Knowing what type of loans you have is crucial for choosing the right repayment strategy.

Federal Student Loans

Government-Backed

Direct Subsidized Loans

For undergrads with financial need. Government pays interest during school.

  • Rate: 6.53% fixed (2024-25)

Direct Unsubsidized Loans

Available regardless of need. Interest accrues from disbursement.

  • Rate: 6.53% (undergrad) / 8.08% (grad)

Direct PLUS Loans

For graduate students and parents. Credit check required.

  • Rate: 9.08%

Federal Loan Benefits

Income-Driven Repayment
Public Service Forgiveness
Deferment & Forbearance
No Prepayment Penalties
Death & Disability Discharge
Fixed Interest Rates

Private Student Loans

Bank/Lender-Based

Key Characteristics

From banks and private lenders. Terms vary by creditworthiness.

  • Rates: 3% - 15%+ variable or fixed
  • Eligibility: Credit-based, often requires cosigner

Common Lenders

Sallie Mae, Discover, College Ave, SoFi, Earnest, Citizens Bank

Private Loan Limitations

No federal forgiveness
No income-driven repayment
Limited hardship options
Variable rates can rise
Cosigner often required
Harder bankruptcy discharge
💡 Tip: Always exhaust federal options before considering private loans.

How to Check What Loans You Have

1

Federal Loans

Log in to StudentAid.gov

2

Private Loans

Check AnnualCreditReport.com

3

Perkins Loans

Contact your school's financial aid office

Loan Consolidation & Refinancing

Understand the difference between federal consolidation and private refinancing before making any decisions.

01

Federal Direct Consolidation

Free - No Fees. Combines multiple federal loans into one loan with a single monthly payment.

Benefits:

  • Keeps eligibility for IDR and PSLF
  • Makes FFEL loans eligible for current programs
  • Fixed interest rate (weighted average, rounded up)
  • No credit check required
  • Can help exit default

Drawbacks:

  • May pay more interest over time (extended term)
  • Resets PSLF/IDR payment count
  • Lose any remaining grace period
Apply for Consolidation →
02

Private Refinancing

⚠️ Caution Required. A new private loan pays off your existing loans. Rate based on credit and income.

When It Makes Sense:

  • Excellent credit score (740+)
  • Stable, high income
  • Not pursuing PSLF or IDR
  • Only refinancing private loans

Critical Warnings:

  • Permanently lose ALL federal benefits
  • No income-driven repayment
  • No Public Service Loan Forgiveness
  • No federal deferment/forbearance

Compare rates: Credible | SoFi | Earnest

Essential Borrower Resources

Federal Relief Programs

Explore PSLF, IDR forgiveness, and other relief options.

Explore Programs →

Find Your Servicer

Identify who services your federal loans.

Log In →

Deferment & Forbearance

Temporarily pause or reduce payments.

Learn Options →

Public Service Forgiveness

Forgiveness after 10 years for public service.

PSLF Info →

Income-Driven Repayment

Cap payments based on income.

IDR Plans →

Disability Discharge

Discharge for total and permanent disability.

TPD Info →

Federal Loan Servicers

Smart Borrower Tips

1

Know Your Loan Types

Federal loans offer protections. Check StudentAid.gov for federal loans.

2

Pay More Than Minimum

Extra payments save thousands in interest. Tell servicer to apply extra to principal.

3

Set Up Autopay

Get a 0.25% interest rate reduction and never miss a payment.

4

Recertify Income Annually

IDR plans require annual recertification. Miss it and payments spike.

5

Check Employer Benefits

Many employers offer repayment assistance—up to $5,250 tax-free annually.

6

Keep Documentation

Save all payment records, certifications, and servicer communications.

7

Never Ignore Your Loans

If struggling, contact your servicer immediately. Options exist before default.

8

Beware of Scams

Never pay for federal loan help—everything is free at StudentAid.gov.

Discharging Student Loans in Bankruptcy

While student loans are notoriously difficult to discharge in bankruptcy, it's not impossible. Recent DOJ guidance has made the process more accessible.

2022 DOJ Guidance: A Major Shift

In November 2022, the DOJ issued new guidance making it easier to discharge federal student loans. The government now recommends discharge in appropriate cases using a standardized process.

01

Understanding Student Loan Bankruptcy Discharge

Unlike most debts, student loans are not automatically discharged in bankruptcy. Since 1976, special rules have made them harder to eliminate. However, "harder" doesn't mean "impossible."

Key Facts:

  • Both federal and private student loans can be discharged
  • You must file a separate "adversary proceeding" within your bankruptcy
  • The court applies an "undue hardship" standard
  • Recent changes have made approval more likely for qualifying borrowers

Important: Many borrowers assume discharge is impossible and don't try. Studies show 40-50% who pursue discharge obtain partial or full relief.

02

The Brunner Test: What Courts Look For

Most courts use the "Brunner Test" to determine undue hardship. You must prove all three prongs:

1 Minimal Standard of Living

You cannot maintain a minimal standard of living for yourself and dependents if forced to repay the loans.

Evidence: Monthly budget, poverty-level income, medical conditions.

2 Persistence of Circumstances

Your financial situation is likely to persist for a significant portion of the repayment period.

Evidence: Permanent disability, chronic illness, age factors, limited job prospects.

3 Good Faith Effort

You have made good faith efforts to repay the loans before filing.

Evidence: Payment history, IDR enrollment, servicer communication.

Note: Some courts (8th Circuit) use a more flexible "totality of circumstances" test.
03

The 2022 DOJ Guidance: A Game Changer

The 2022 guidance fundamentally changed how the government handles student loan bankruptcy cases.

Factors That Support Discharge:

Age 65 or older
Disability (physical or mental)
10+ years since leaving school
Never earned above poverty wages
Did not complete education
School closed or misconduct
Exhausted IDR options
Loans more than 10 years old
04

Chapter 7 vs. Chapter 13: Which Is Right?

You can seek student loan discharge under either Chapter 7 or Chapter 13:

Chapter 7 (Liquidation)

  • Timeline: 3-6 months
  • Assets: Non-exempt may be sold
  • Best for: Low income, few assets
  • Means Test: Must qualify

Chapter 13 (Repayment Plan)

  • Timeline: 3-5 year plan
  • Assets: Keep all assets
  • Best for: Higher income, assets to protect
  • Flexibility: Demonstrates good faith
05

Step-by-Step: How to Pursue Discharge

1

Consult a Bankruptcy Attorney

Find an attorney experienced with student loan adversary proceedings. Legal Aid provides free help.

2

Gather Documentation

Tax returns, pay stubs, medical records, disability documentation, loan payment history.

3

File Bankruptcy Petition

File Chapter 7 or Chapter 13. Student loans will be listed but won't automatically discharge.

4

File Adversary Proceeding

Separate lawsuit requesting discharge. Complete DOJ attestation form for federal loans.

5

DOJ Review & Court Decision

DOJ reviews and may recommend discharge. Many cases now resolve without trial.

06

Who Has the Best Chance of Discharge?

Strong Candidates for Discharge:

💪
Disabled borrowers

Physical or mental disability limiting work

👴
Older borrowers

Age 65+ with limited retirement income

🏥
Chronic illness

Ongoing conditions affecting employment

📉
Long-term low income

Years of poverty-level wages

🎓
No degree obtained

Debt without credential benefits

🏫
School misconduct

Fraudulent or closed schools

Bankruptcy Resources & Legal Help

Don't Assume Discharge Is Impossible

Many borrowers never pursue discharge because they assume it can't happen. The 2022 DOJ guidance changed the landscape significantly. If you're facing genuine hardship, consult a bankruptcy attorney.

Additional Resources