Quick overview: Why this matters and what changed in 2025
If you filed bankruptcy in California and need a discharge of federal student loans, you must bring a separate adversary proceeding under 11 U.S.C. § 523(a)(8). The Department of Justice (DOJ), working with the Department of Education (ED), implemented a standardized process (the DOJ/ED guidance and related local procedures) to streamline review of undue‑hardship claims and encourage timely stipulations where the facts support discharge. These changes affect how you file, what evidence you collect, and how the U.S. Attorney's Office will process your case.
This article walks through the California steps: drafting and filing the adversary complaint, special service rules (including addresses for DOE service in many California districts), the DOJ “Attestation” process, a practical evidence checklist keyed to the Brunner/test used in the Ninth Circuit, local scheduling timelines, and realistic expectations for outcomes.
Step‑by‑step: Filing the adversary complaint in California
- Confirm the legal basis: An adversary proceeding to determine dischargeability of student loans is brought under 11 U.S.C. § 523(a)(8). Start by checking bankruptcy rules governing adversary proceedings (Fed. R. Bankr. P. 7001–7004) and your district's local rules.
- Draft the complaint: Describe each loan, identify the loan holder (DOE or private servicer), plead facts demonstrating undue hardship under the Brunner factors (inability to maintain minimal standard of living, persistence of inability, and good‑faith repayment efforts), and request a declaration that the loan is dischargeable.
- File in the bankruptcy case: File the complaint in the same bankruptcy case number (adversary docket). There is typically no separate filing fee for a debtor’s adversary complaint; check current AO fee schedules and local instructions.
- Request and download the summons: After filing, the court will issue a summons; download it and follow service rules promptly. See local General Orders for any special service procedures that apply when the United States (DOE) is a defendant.
- Serve the complaint and summons properly: If DOE is a defendant, many California districts require service at multiple addresses (for example: the U.S. Attorney’s civil process office, DOJ/Attorney General address, and DOE Office of General Counsel). Central District of California and other courts set out three addresses and special service requirements — follow those exactly and file proof of service. Failure to serve at required addresses can cause delays.
Timing & immediate next steps
Once DOE is properly served, the government typically has a limited time to respond (courts have adopted schedules where DOE answers within roughly 35 days after issuance of the summons) and courts aim to issue a scheduling order within about 90 days of service; parties must prepare discovery disclosures and a discovery plan on the timeline required by local rules. These timing targets flow from local guidelines that implement DOJ/ED procedures.
The DOJ "Attestation" and evidence you must prepare
Under the DOJ/ED process, the AUSA handling your adversary will typically request (and the DOJ will expect) a completed Attestation Form from the debtor, plus a loan account history and supporting documentation. The Attestation is a detailed, sworn statement about your income, expenses, assets, repayment history, good‑faith efforts, and future prospects; DOJ/ED will use it to evaluate whether to recommend a stipulation to discharge or a partial discharge. Review the Attestation carefully and gather corroborating documents before submission.
Practical evidence checklist
- NSLDS and servicer account histories (payment records, forbearance, consolidation, collection activity).
- Recent pay stubs, W‑2s, tax returns (last 2–3 years), and year‑to‑date income documentation.
- Bank statements and proof of regular monthly obligations (rent/mortgage, utilities, medical, childcare, transportation).
- Medical records, disability determinations, or vocational assessments if health or disability claim affects ability to work.
- Records of attempts to obtain income‑driven repayment adjustments, rehabilitation, consolidation, or other collections‑avoidance efforts.
- Declarations from the debtor and supporting declarations from family members, treating providers, or employers where relevant.
Focus your evidence to the three Brunner factors (minimal standard of living, likely future inability to repay, and good faith efforts). The DOJ guidance and several local bankruptcy courts advise early exchange of the Attestation to speed resolution where a stipulation is appropriate.
Practical tips, possible outcomes, and next steps in Los Angeles
Outcomes commonly fall into three buckets: (1) DOJ/ED stipulates to facts supporting discharge and recommends full or partial discharge (the court still makes its own determination); (2) DOJ/ED declines to stipulate and the case proceeds to contested litigation including depositions and trial; or (3) the parties reach a negotiated settlement (partial discharge, modified repayment terms, or forgiveness conditions). The DOJ guidance encourages stipulations where the facts support undue hardship.
Local filing & service addresses (Central District example)
If you are in the Central District of California, follow the court’s General Order and local guidance: serve DOE at the U.S. Attorney’s Civil Process Clerk (Federal Building, 300 N. Los Angeles St., Los Angeles), the Attorney General/DOJ address (Ben Franklin Station P.O. Box 683, Washington, D.C.), and the Department of Education Office of General Counsel (400 Maryland Ave. SW, Room 6E353, Washington, D.C.). File proof of service listing all addresses and methods used. Confirm current addresses in the court’s online guidance before serving.
Do I need an attorney?
Student‑loan adversary proceedings are legally and factually complex. Many debtors benefit from experienced bankruptcy counsel (or consumer‑bankruptcy clinics) who know the local procedures, how to complete the Attestation, and how to present the Brunner factors. If you proceed pro se, carefully follow the court’s local guidelines and be prepared to compile the Attestation and supporting exhibits promptly. Local self‑help clinics and pro bono resources can assist with document preparation and strategy; check your district’s court site and local bar resources.
If you want next steps tailored to your case: gather (1) your NSLDS/loan history, (2) at least two years of tax returns and pay records, (3) current monthly budget, and (4) medical or other documents supporting long‑term inability to repay. Then consult counsel or the AUSAs handling undue‑hardship matters in your district about preferred submission timing for the Attestation.