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.
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