Federal court data from 52,527 cases shows that 85.6% of Chapter 13 filings in the Eastern District ended in dismissal (2008-2019 mature data) -- the highest rate among all 94 federal districts.
Source: Federal Judicial Center Integrated Database, 2008--2024. Analysis by Open Bankruptcy Project.
52,527 cases filed -- 43,991 dismissed, only 5,905 discharged. 53.1% pro se rate. 42.0% prior filer rate. An estimated 374 potential 1328(f) violations. Ranked #1 highest nationally.
25,112 cases filed -- 12,973 dismissed, 9,005 discharged. 18.9% pro se rate. 24.9% prior filer rate. An estimated 457 potential 1328(f) violations.
23,717 cases filed. A significantly better rate than EDNY, but still above the national median.
26,604 cases filed. The lowest dismissal rate among New York districts, with outcomes closer to national averages.
The Eastern District of New York is a significant statistical outlier. The data shows a clear pattern:
A 99.2% preliminary dismissal rate indicates that very few recent filers in this district are completing their Chapter 13 plans, though some active plans may still reach discharge.
42% of EDNY filers have filed bankruptcy before. Many of these prior filers may be ineligible for discharge under 11 U.S.C. section 1328(f), which bars repeat discharges within certain timeframes. An estimated 374 cases may involve filings where discharge was not legally available -- meaning these filers entered the system and paid fees for cases that could not result in a discharge.
The E.D.N.Y. has an 85.6% Chapter 13 dismissal rate based on mature 2008-2019 data where most cases have reached final disposition. 52,527 total cases were filed between 2008 and 2024. Recent years show higher preliminary rates because successful 3-5 year plans are still active.
Over 53% of Chapter 13 filers in EDNY have no attorney (pro se), and 42% are repeat filers. The high pro se rate and repeat filing rate are both associated with higher dismissal rates.
EDNY has the highest Chapter 13 dismissal rate nationally. SDNY has a 59.0% rate, WDNY 46.0%, and NDNY 41.8%. The Eastern District rate is substantially higher than all other New York districts.
Under 11 U.S.C. section 1328(f), debtors who received a prior discharge within specific timeframes are ineligible for another discharge. When this is not screened for, cases may be filed where discharge is not legally available, resulting in unnecessary costs for debtors and courts.
The data shows extreme variation across New York's four districts. If you are considering bankruptcy, consult with a qualified attorney who can evaluate your specific situation. The statistics on this page reflect aggregate outcomes and may not predict individual results.
Use the free 1328(f) screener to check whether a prior discharge affects your eligibility.
Free Discharge Screener