EDNY Chapter 13 Statistics -- Complete Data

Year-by-year breakdown of Chapter 13 bankruptcy outcomes in the Eastern District of New York. All data sourced from the Federal Judicial Center Integrated Database.

85.6%
Dismissal Rate (2008-2019)
52,527
Total Cases (2008--2024)
42.0%
Prior Filer Rate
53.1%
Pro Se Rate
374
Est. 1328(f) Violations
99.2%
2024 Dismissal Rate

Year-by-Year Breakdown -- EDNY

YearCases FiledDismissal RatePrior Filer RateTrend
20083,70388.0%24.7%
20093,42083.0%29.9%-5.0
20103,22178.8%27.5%-4.2
20111,84765.7%21.7%-13.1
20121,54167.5%25.4%+1.8
20131,42477.6%29.2%+10.1
20141,60079.0%34.5%+1.4
20152,10881.7%38.6%+2.7
20162,96786.4%41.6%+4.7
20174,88590.8%41.9%+4.4
20186,08692.3%48.7%+1.5
20196,53892.5%51.2%+0.2
2020*2,99191.0%53.5%-1.5
2021*48182.5%39.3%-8.5
2022*2,01597.4%56.4%+14.9
2023*3,72599.2%55.6%+1.8
2024*3,97599.2%51.9%0.0

* Preliminary -- Chapter 13 plans run 3-5 years, so successful plans filed in these years are still active. Only early dismissals are reflected.

Methodology note: Chapter 13 plans run 3-5 years. Cases filed 2020-2024 are preliminary -- successful plans are still active, so only early dismissals are reflected. The headline rate uses 2008-2019 data where most cases have reached final disposition. Source: Federal Judicial Center Integrated Database.

Prior Filer Analysis

The Cycle of Failure

The prior filer rate in EDNY has grown from 24.7% in 2008 to over 50% in recent years. This means more than half of people filing Chapter 13 in EDNY have been through the process before -- and failed.

At its peak in 2022, 56.4% of all filers were repeat filers. The correlation between prior filing rates and dismissal rates is strong: as more repeat filers enter the system, the overall dismissal rate climbs.

Under 11 U.S.C. section 1328(f), a debtor who received a Chapter 7 discharge within 4 years or a Chapter 13 discharge within 2 years is ineligible for another Chapter 13 discharge. An estimated 374 EDNY cases may have been filed in violation of these time bars, meaning those filers could never have received a discharge regardless of plan performance.

Volume and Capacity Trends

EDNY case volume has swung dramatically:

  • 2008--2010: ~3,400 cases/year -- high volume, high dismissal
  • 2011--2014: Drop to ~1,600 cases/year -- lower volume, lower dismissal
  • 2015--2019: Surge to 6,500+ cases/year -- rates climb past 90%
  • 2020--2021: COVID drop to 481 cases in 2021
  • 2022--2024: Recovery to ~3,900 cases -- but 99.2% dismissed

The post-COVID surge to near-100% dismissal suggests the system is no longer functioning as designed for consumers in this district.

Key Findings

  • EDNY's dismissal rate has risen 20+ percentage points since 2010
  • The prior filer rate more than doubled from 2008 to 2022
  • Over 53% of filers have no attorney -- the highest pro se rate of any major district
  • Only 5,905 out of 52,527 filers received a discharge (11.2%)
  • The 2022--2024 rates (97--99%) are unprecedented in any federal judicial district
  • 374 estimated 1328(f) violations represent cases that were legally doomed from filing

Explore the full methodology and national data at the Open Bankruptcy Project.

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