Source: https://www.justice.gov/opa/pr/justice-department-and-department-education-announce-fairer-and-more-accessible-bankruptcy

The basic criteria to apply is:

1. The Borrower cannot afford to pay their student loans.

2. The Borrower’s inability is likely to continue in the future.

   • This is presumed if one of the following:

     • Debtor is over 65; or

     • Debtor has a disability or medical condition impacting their potential income; or

     • Debtor was unemployed for 5 of the last 10 years; or

     • Debtor did not get the degree for which they incurred the debt; or

     • The student has been out of school for 10 years.

3. The Borrower has acted in good faith in trying to repay.

   • This is presumed if one of the following:

     • Debtor made a payment; or

     • Debtor applied for forbearance; or

     • Debtor applied for IDRP (income driven repayment plan); or

     • Debtor applied for a federal consolidation; or

     • Debtor responded to a collector; or

     • Debtor engaged with Dept of Ed collector; or

     • Debtor engaged with a 3rd party to help with managing the debt.