Dischargeability of Student Loan Debt 11 U.S.C. 523(a)(8) 
Last Updated: July 14, 2026

1. Filing Requirements

• No additional action beyond Adversary Filing Requirements in the ECF User's Manual.

2. Motion to Reopen

• A Motion to Reopen is NOT required when filing an Adversary Complaint under 11 U.S.C. 523(a)(8) i.e. Discharge of a U.S. Department of Education Student Loan.

• When a § 523(a)(8) Adversary Proceeding is filed in a closed bankruptcy case, the Clerk's Office will administratively reopen the main bankruptcy case to allow the adversary proceeding to continue. 
  [General Order 2026-2]
• This procedure applies to all § 523(a)(8) Adversary Proceedings. 

3. Adversary Complaint Filing 

• Open the Adversary case as directed under Filing an Adversary Complaint in the ECF Users Manual.
  NOTE: Adversary cases related to Student Loan Dischargeability are handled by the Office of the United States Attorney for the district where the bankruptcy is pending.

4. Initial Pretrial Hearing Scheduling Time Requirement (Department of Education Cases)

• Pretrial dates in cases filed under 11 U.S.C. 523(a)(8) i.e. Discharge of a U.S. Department of Education Student Loan will be scheduled no later that 90-days from the date of filing.

5. Motion to Adjourn Pretrial Conference (Department of Education Cases)

• If a request or Motion to Adjourn a Pretrial Conference is approved, the Pretrial Conference will be rescheduled no later than 30-days after the expiration of the approved extension period.
• If additional Motions to Adjourn are filed, the matter should be brought to the Judge's attention, and a Status Conference may be scheduled if appropriate.

6. Motion to Stay Adversary Proceeding (Department of Education Cases)

• No specific form is required for a § 523(a)(8) Motion to Stay Adversary Proceeding involving the Department of Education.
• Example: Sample Joint Motion to Stay Adversary Proceeding as to the United States Department of Education. Sample motion is also available on the Court's website.

To File Electronically:

1. Log into CM/ECF.

2. Select [Adversary >  Motions].

3. Enter the case number (e.g, xx-xxxxx).

4. Select [Stay] from the event list.

5. Select the party filer.

6. Relate to the Preliminary Pretrial Order.

7. Browse to select the Motion (.pdf file).

   1. Note:  Any supporting documents and the Proof of Service may be added as attachments to this document.

8. Modify the text as appropriate.

9. Verify the final docket text; if correct, click [Next] to submit your document(s).

   1. Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

11. Docket Signed Order

12. [Reports > Signed Orders > Reference an existing Motion/Application > Relate to Motion to Stay > Slect "Granting" > Terminate proposed order deadline > Update Docket Text]