If you are a resident of San Diego County struggling with the crushing weight of private student loans, you may have spent years believing there was no way out. For decades, the common narrative was that student loans are "impossible" to discharge in bankruptcy unless you could prove a near-impossible standard of "undue hardship."
However, as of March 2026, the legal landscape in California has shifted dramatically. Thanks to a landmark decision by the Ninth Circuit Bankruptcy Appellate Panel (BAP) in the case of Pearson v. Nichols, the doors have swung wide open for many borrowers. If your private student loan wasn't used strictly and "solely" for qualified tuition and fees, you might be able to wipe it out entirely: just like a credit card or a medical bill.
At the Law Office of Andrew H. Griffin, III, APC, we have been helping families navigate financial crises for over 40 years. We understand the stress these "zombie" loans cause. If you’re ready to see if the new "Pearson Rule" applies to you, you can text us 24/7 or call us at 619 853-3009. You can also reach out to us online here.
What is the 2026 Pearson v. Nichols Decision?
In March 2026, the Ninth Circuit BAP issued a ruling that sent shockwaves through the lending industry. The case, Pearson v. Nichols, focused on a specific phrase in the bankruptcy code regarding which education loans are protected from being wiped out.
The court looked at 11 U.S.C. § 523(a)(8)(B), which protects loans that are "qualified education loans" as defined by the Internal Revenue Code. The key word here is solely. For a private student loan to be protected from discharge, it must have been incurred solely to pay for qualified higher education expenses.
In the Pearson case, the borrower had a loan that covered tuition but also included funds for living expenses and other costs that didn't strictly meet the IRS definition of "qualified." The court ruled that this is an all-or-nothing test. If even a portion of the loan was not used for qualified expenses, the entire loan loses its protection. This means the whole debt can be discharged in a standard bankruptcy filing without you ever having to prove "undue hardship."
Why Does the "Solely" Test Matter to You?
You might be wondering, "How does a technical word like 'solely' change my life?" In reality, many private student loans offered to San Diego County students over the last decade were "mixed-use" loans.
Think back to when you took out your private loans. Did you use any of that money for:
- Moving expenses to get to school?
- Rent or groceries that exceeded the "cost of attendance" calculated by the school?
- Travel for an internship that wasn't credit-bearing?
- Paying off a high-interest credit card?
- A laptop or equipment that wasn't explicitly required by your syllabus?
If your loan funded any of these things, it might not be "qualified." Under the 2026 Pearson Rule, if the loan isn't "qualified," it is considered a general unsecured debt. As your bankruptcy attorney our job is to audit those old loan disbursements to find these "mixed-use" cracks. If we find them, we can move to have those private loans discharged completely in your Chapter 7 or Chapter 13 case.

How Does Private Student Loan Dischargeability in San Diego Differ from Federal Loans?
It is important to distinguish between the two. Federal loans (loans held by the Department of Education) are still subject to the stricter "undue hardship" standards, though even those have become slightly easier to manage in recent years.
Private student loans are different. They are issued by banks, credit unions, or private lending companies like Sallie Mae, SoFi, or Navient. Because these lenders often marketed "lifestyle" loans or "bar study" loans that went beyond simple tuition, they are now highly vulnerable to the Pearson Rule.
When you work with an experienced bankruptcy lawyer we will categorize your debt. If we identify private loans that don't meet the "solely" criteria, we don't just hope for a discharge: we actively litigate to ensure those lenders cannot pursue you after your bankruptcy is over.
Can San Diego County Homeowners Benefit from This?
If you own a home in San Diego County, your private student loans might be the one thing preventing you from keeping up with your mortgage or maintaining your property. You may have been told that bankruptcy won't help with student loans, so you’ve continued to pay them while your credit card debt or other obligations spiraled out of control.
With the 2026 Pearson Rule, discharging a $50,000 or $100,000 private student loan could provide the "breathable" equity you need to save your home. By eliminating that massive monthly payment, your Chapter 13 repayment plan becomes much more manageable, or your Chapter 7 filing leaves you with significantly more disposable income to put toward your mortgage.

How Do You Prove a Loan is Dischargeable?
You cannot simply tell the court the loan is dischargeable; you must prove it. This is where having an experienced bankruptcy attorney is vital. The process typically involves:
- Gathering Original Loan Documents: We look for the original promissory notes and disclosure statements.
- Tracking Disbursements: We trace where the money went. Was it paid directly to the school, or was it deposited into your personal bank account?
- Comparing to "Cost of Attendance": We compare the loan amount to the school’s official cost of attendance for that year. If the loan exceeded that amount, the "solely" rule likely applies.
- Filing an Adversary Proceeding: In many cases, we file a mini-lawsuit within your bankruptcy (called an Adversary Proceeding) to get a formal judge's order declaring the loan discharged.
This isn't a process you should handle alone. The lenders have high-priced attorneys who will fight to keep your debt alive. You need a team with over four decades of experience to fight back.
Notes for Business Owners:
If you are a business owner in San Diego County who took out "private student loans" to fund professional development, specialized certifications, or even an MBA to help run your company, you may be in a prime position to benefit from the Pearson Rule. Often, these "professional" private loans are used for a mix of business expenses and education. If the loan was not used "solely" for qualified education as defined by the IRS, your business's cash flow could be significantly improved by discharging this personal liability.
What if My Loan Was for a Non-Eligible School?
Another massive opportunity for private student loan dischargeability involves the type of school you attended. The law only protects loans for "eligible educational institutions": essentially schools that are eligible to participate in federal student aid programs.
Many San Diego County residents attended specialized vocational schools, foreign medical schools, or unaccredited technical programs that did not qualify for Title IV federal funding. If your private loan was for one of these institutions, it is likely not a "qualified education loan" at all. Under the current 2026 legal standards, these debts should be treated like any other dischargeable debt.

Why Wait? The Law Office of Andrew H. Griffin, III, APC is Ready to Help
The rules changed in March 2026, but they might change again. Now is the time to take advantage of the Pearson v. Nichols decision while the window is wide open. You don't have to live with the anxiety of private student debt forever.
At the Law Office of Andrew H. Griffin, III, APC, we pride ourselves on being accessible to our Southern California community. Whether you are dealing with foreclosure, divorce, or overwhelming debt, we are here to provide professional, local expertise.
Ready to see if your private student loans can be wiped out?
- Call us today: 619 853-3009
- Text us 24/7: We are always available to answer your quick questions.
- Contact us online: Fill out our contact form here for a consultation.
You’ve carried this debt for long enough. Let a seasoned bankruptcy lawyer help you use the 2026 Pearson Rule to get the fresh start you deserve. We’ve been serving this community for over 40 years, and we aren't stopping now. Reach out today and let’s look at your loan history together.




















