Methodology
Our research draws on the Federal Judicial Center's Integrated Database (IDB), the most comprehensive public dataset of federal bankruptcy filings. The IDB contains filing-level records for all bankruptcy cases filed in U.S. federal courts since 2008.
Data Source
Federal Judicial Center Integrated Database. 4,895,163 cases spanning 2008-2024, covering all 94 federal judicial districts. Updated annually.
Screening Approach
We reconstruct individual filing histories by linking cases across the IDB using debtor identifiers. Each filing is tested against statutory discharge bars in Sections 1328(f), 727(a)(8), and 109(g) of the Bankruptcy Code. Cases where a prior filing would trigger an unchecked bar are flagged for further analysis.
Validation
Methodology reviewed by faculty at UC Berkeley School of Law. Statistical findings cross-referenced against published academic literature on repeat filing and Chapter 13 outcomes.
Federal Rules Citation
Accepted March 23, 2026 by the Advisory Committee on Bankruptcy Rules. The submission proposes that federal bankruptcy courts implement automated screening at the point of case filing to detect statutory discharge bars under Section 1328(f).
Key finding: 391,951 prior filers in the FJC dataset (2008-2024) had no systematic eligibility verification at the point of filing, representing a structural gap in case administration that affects debtor outcomes, creditor recoveries, and judicial efficiency.
Key Findings
Discharge Bar Screening Gap
Federal bankruptcy courts have no systematic mechanism to verify whether a debtor's prior filing history triggers a statutory discharge bar at the time of case initiation. Our screening of 4.9 million cases identified 391,951 instances where prior filings could implicate Section 1328(f), 727(a)(8), or 109(g) bars without automated detection.
Attorney Performance Variation
Chapter 13 case outcomes vary dramatically by attorney. Dismissal rates range from under 20% to over 70% across attorneys handling similar caseloads in the same district. These patterns are persistent across years and cannot be explained by case mix alone.
Geographic Variation
Chapter 13 completion rates vary by more than 40 percentage points across federal districts. This variation correlates with local legal culture, trustee practices, and the concentration of high-volume practitioners.
Publications & Presentations
- Suggestion 26-BK-3, Advisory Committee on Bankruptcy Rules (March 2026)
- Open Bankruptcy Project screening methodology, published on 1328f.org (2025-2026)
- District-level statistical reports available on dismissalrate.org
Collaboration
Research Collaboration
We welcome collaboration with academic researchers, legal aid organizations, and policy institutions. If you are interested in working with our data or methodology, please contact us.