Student Loan Attestation of Undue Hardship in Support of Stipulation Conceding Dischargeability of Student Loans

Sep 19, 2026

Attestation form for a U.S. bankruptcy adversary proceeding seeking a court stipulation that student loans are dischargeable due to “undue hardship.” The debtor confirms personal information, details about household composition, outstanding loan balances, monthly payments, and loan history including default timing and education background. The form also requires statements about current employment, current inability to pay while maintaining a minimal standard of living, and itemized documentation supporting household gross income and monthly expenses.

LanguageEnglish

CategoryForms

FormatPDF

Pages15

Reading Time5 min

AccessFree to download

Personal Information

Current Income and Expenses

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF In re: ) ) ) Case No. ) Chapter [7] Debtors. ) ) ) )) ) Plaintiff, ) Adversary Pro . ) v . ) ) UNITED STATES DEPARTMENT ) OF EDUCATION, [et al.], ) ) Defendant[s] . ) ) ATTESTATION OF [ ] IN SUPPORT OF REQUEST FOR STIPULATION CONCEDING DISCHARGEABILITY OF STUDENT LOANS PLEASE NOTE: This Attestation should be submitted to the Assistant United States Attorney handling the case. It should not be filed with the court unless such a filing is directed by the court or an attorney. I, [ ], make this Attestation in support of my claim that excepting the student loans described herein from discharge would cause an “undue hardship” to myself and my dependents within the meaning of 11 U.S.C. §523(a)(8). In support of this Attestation, I state the following under penalty of perjury: I. PERSONAL INFORMATION 1. I am over the age of eighteen and am competent to make this Attestation. 2. I reside at [address], in County, [state] . 3. My household includes the following persons (including myself): [full name] [age] [self] [full name] [age] [relationship] [full name] [age] [relationship] [full name] [age] [relationship] [full name] [age] [relationship] [full name] [age] [relationship] Questions four through eight request information related to your outstanding student loan debt and your educational history. The Department of Education willfurnish this information to the Assistant United States Attorney (“AUSA”) handling your case, and it should be provided to you. If you agree that the information provided to you regarding your student loan debt and educational history is accurate, you may simply confirm that you agree, and these questions do not need to be completed. If you have not received the information from Education or the AUSA atthe time you are completing this form, or if the information is not accurate, you may answer these questions based upon your own knowledge. If you have more than one student loan which you are seeking to discharge in this adversary proceeding, please confirm that the AUSA has complete and accurate information for each loan, or provide that information for each loan. 4. I confirm that the student loan information and educational history provided to meand attached to this Attestation is correct and complete: YES / NO / No Information Provided [If you answered anything other than “YES,” you must answer questions five through eight] . 5. The outstanding balance of the student loan[s] I am seeking to discharge in this adversary proceeding is $ 6. The current monthly payment on such loan[s] is . The loan[s] are scheduled to be repaid in [month and year][OR] My student loan[s] went into default in [month and year] . 7. I incurred the student loan[s] I am seeking to discharge while attending , where I was pursuing a degree with a specialization in . 8. In [month and year], I completed my course of study and received a degree. [OR] In [month and year], I left my course of study and did not receive a degree. 9. I am currently employed as a . My employer’s name and address is [OR] I am not currently employed. II. CURRENT INCOME AND EXPENSES 10. I do not have the ability to make payments on my student loans while maintaining a minimal standard of living for myself and my household. I submit the following information to demonstrate this: A. Household Gross Income 11. My current monthly household gross income from all sources is $ 1 This amount includes the following monthly amounts: 1 “Gross income” means your income before any payroll deductions (for taxes, Social Security, health insurance, etc.) or deductions from other sources of income. You may have included information about your gross income on documents previously filed in your bankruptcy case , including Form B 106I, Schedule I-Your Income (Schedu

FAQs

Who is required to submit this attestation and in support of what request?

The attestation must be submitted to the Assistant United States Attorney handling the case, in support of a request for a stipulation conceding dischargeability of student loans based on undue hardship.

What personal and loan information must the debtor confirm?

The debtor confirms identity and address, household members, and information about the student loans sought for discharge, including balance, current monthly payment, repayment schedule or default date, and educational history.

What income and expense documentation is requested?

The form requires disclosure of the debtor’s inability to pay while maintaining a minimal standard of living, including household gross income and monthly expenses supported by attached documents such as tax returns, paystubs, and other income verification.

Sep 19, 2026

Upload by eBook King