Student loan discharge · U.S. Bankruptcy Court, District of Nevada
Student loans can be discharged in bankruptcy.
Most people are told their student loans can never be wiped out. That isn't true. Whether you haven't filed yet or are already in bankruptcy, we file a lawsuit (an adversary case) in bankruptcy court to attempt to discharge or reduce them.
Free first consultation by phone or video — no office visit needed.
Already retained us?
Send your loan records, bankruptcy papers and hardship statement securely to Mr. Shapiro's attention.
Upload documentsWhat we do — and what we don't
We handle
- Filing your bankruptcy case, if you haven't filed yet
- Stepping in on the student loan case if you've already filed, even with another attorney
- Adversary proceedings in bankruptcy court asking the judge to discharge student loans for “undue hardship”
- Federal loans held by the Department of Education, through the Justice Department's attestation review — for one flat fee
- Chapter 7 cases
We don't handle
- Filing Chapter 13 bankruptcy cases (but if you're already in a Chapter 13 case, we can handle your student loan case)
- Non-federal student loans (private loans from banks or other lenders)
- Cases where Mr. Shapiro is your bankruptcy trustee and the case is still open (see FAQ)
- Income-driven repayment applications or plan changes
- Public Service Loan Forgiveness or other forgiveness programs
- Consolidation, deferment or forbearance requests on their own
- Disputes with a loan servicer outside of bankruptcy
Every student loan matter we take is filed in U.S. Bankruptcy Court.
How it works
Four steps, from first call to filing.
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STEP 1
Free consultation
Call 702-386-8600. Mr. Shapiro talks with you personally by phone or video about your loans and your options. No charge.
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STEP 2
Gather your records
Every student loan document you have, your income information, a one-page statement in your own words of why repaying is a hardship — and, if you've already filed, your petition, schedules and statement of financial affairs.
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STEP 3
$100 qualification review
Mr. Shapiro reviews your documents and tells you honestly whether you qualify and whether a discharge is realistic. The $100 is credited in full toward your fee if you hire us.
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STEP 4
We file in bankruptcy court
Once you sign the retainer agreement, you upload your documents through our secure client portal and we prepare and file your case.
Every fee, in writing, before you call
Flat fees, no hourly billing. Here is everything you could pay us and the court, and when. Our full retainer agreement is posted too, so you can read it before we ever talk.
If we review your documents and don't think you qualify, we'll tell you — and you'll have paid only $100.
| What | Cost | When you pay |
|---|---|---|
| First consultation | Free | — |
| Qualification review of your documents | $100 | Before the review. Credited in full toward your flat fee if you hire us. |
| Student loan case Federal loans held by the Department of Education, through the Justice Department's attestation review |
$2,500 | $500 down (your $100 review counts toward it), then $250 a month for 8 months. No interest. Pay off early anytime with no penalty. |
| If the government won't agree and you choose to go to trial | $5,000 flat, plus costs | Only if you decide to continue. $500 when you sign, then $300 a month — any balance left on your $2,500 fee rolls into the same payment, so you never make two payments a month. If the case settles before a trial date is set, any unpaid balance over $2,500 is waived. No interest, no hourly billing; costs such as deposition transcripts are extra. You sign a separate agreement first. |
| Court filing fee — student loan case Paid to the court, not us |
$0 | The court doesn't charge this fee when you're the one filing. |
Haven't filed bankruptcy yet? We can file your Chapter 7 case too — see our bankruptcy fees at myvegasbankruptcyattorney.com.
Read every document before you hire us
What the flat fee covers — and what it doesn't — is spelled out in our fee agreement. The two federal disclosures are notices the law requires us to give you.
Common questions
Do I have to be in bankruptcy already?
No. If you haven't filed, we can file your Chapter 7 case and the student loan case together (Chapter 7 fees are listed at myvegasbankruptcyattorney.com). If you've already filed — Chapter 7 or Chapter 13, even with another attorney — we can handle just the student loan case. We don't file new Chapter 13 cases.
What if Brian Shapiro is the trustee in my bankruptcy case?
If Mr. Shapiro is your bankruptcy trustee, he generally cannot represent you in your student loan case. However, if your case is closed (a final decree has been entered), Mr. Shapiro may be able to seek to reopen your case and handle your student loan matter, provided there are no other outstanding issues in your original bankruptcy case.
Aren't student loans impossible to discharge?
No. They aren't discharged automatically like credit cards, but you can ask the bankruptcy judge to discharge them by showing that repaying would be an “undue hardship.” That request is its own lawsuit, called an adversary proceeding, filed within your bankruptcy case.
Is the process different for federal and private loans?
Yes. For federal loans held by the Department of Education, the Justice Department reviews a sworn attestation of your income, expenses and repayment history and may agree to support discharge. That is the process our $2,500 flat fee covers. Private (non-federal) loans don't use this process, and we don't handle them. Either way, the bankruptcy judge makes the final decision.
What happens if the government won't agree to discharge my loans?
Our flat-fee work ends there. You owe only whatever remains of the $2,500 flat fee — nothing more for the student loan case. If you want to keep fighting, we can take the case to trial for a flat fee of $5,000, plus costs such as deposition transcripts. You'd pay $500 when you sign and then $300 a month, with anything still owed on your $2,500 fee folded into that same monthly payment. If the case settles before a trial date is set, any unpaid balance over $2,500 is waived. You'd know the full fee before deciding, and you'd sign a separate agreement before any trial work starts. Nothing more is charged unless you choose to continue.
Can you guarantee my loans will be discharged?
No attorney can. What we can do is tell you honestly at the consultation whether your situation is a strong candidate, and then build the strongest case the facts support.
Why is there a $100 charge if the consultation is free?
The first conversation is free. Deciding whether you actually qualify takes a real review of your loan records and finances, and we charge $100 for that work. If you hire us, the full $100 comes off your flat fee. If you don't, you keep Mr. Shapiro's assessment.
Can I make payments?
Yes. The $2,500 flat fee is paid as $500 down — the $100 you paid for your qualification review counts toward it, so you pay $400 when you sign — and then $250 a month for 8 months. There is no interest, and you can pay off the balance early at any time.
Do I need to come to your office?
No. Consultations are by phone or video, and clients send documents through our secure client portal.
Brian D. Shapiro
For approximately 30 years, Brian Shapiro has practiced bankruptcy law in Las Vegas. He serves as a Chapter 7 trustee, appointed through the U.S. Trustee Program of the Department of Justice, and as a Subchapter V trustee. From the trustee's seat he has seen firsthand how student loans keep people from the fresh start bankruptcy is meant to give them.
His practice also handles bankruptcy appeals, so your case is prepared with the full picture of how bankruptcy courts decide these issues.