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.

Visit OBP

Our research was cited by the federal judiciary as Suggestions 26-BK-3 and 26-BK-5

You May Also Find Helpful