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.
| Year | Cases Filed | Dismissal Rate | Prior Filer Rate | Trend |
|---|---|---|---|---|
| 2008 | 3,703 | 88.0% | 24.7% | |
| 2009 | 3,420 | 83.0% | 29.9% | -5.0 |
| 2010 | 3,221 | 78.8% | 27.5% | -4.2 |
| 2011 | 1,847 | 65.7% | 21.7% | -13.1 |
| 2012 | 1,541 | 67.5% | 25.4% | +1.8 |
| 2013 | 1,424 | 77.6% | 29.2% | +10.1 |
| 2014 | 1,600 | 79.0% | 34.5% | +1.4 |
| 2015 | 2,108 | 81.7% | 38.6% | +2.7 |
| 2016 | 2,967 | 86.4% | 41.6% | +4.7 |
| 2017 | 4,885 | 90.8% | 41.9% | +4.4 |
| 2018 | 6,086 | 92.3% | 48.7% | +1.5 |
| 2019 | 6,538 | 92.5% | 51.2% | +0.2 |
| 2020* | 2,991 | 91.0% | 53.5% | -1.5 |
| 2021* | 481 | 82.5% | 39.3% | -8.5 |
| 2022* | 2,015 | 97.4% | 56.4% | +14.9 |
| 2023* | 3,725 | 99.2% | 55.6% | +1.8 |
| 2024* | 3,975 | 99.2% | 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.
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.
EDNY case volume has swung dramatically:
The post-COVID surge to near-100% dismissal suggests the system is no longer functioning as designed for consumers in this district.
Explore the full methodology and national data at the Open Bankruptcy Project.
Visit OBPOur research was cited by the federal judiciary as Suggestions 26-BK-3 and 26-BK-5
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