What Is a Dismissal Rate?
A dismissal rate is the percentage of an attorney's bankruptcy cases that end in dismissal rather than discharge. A dismissed case means the debtor loses their filing fee, pays attorney fees for nothing, forfeits any plan payments already made, and receives no debt relief. The debtor ends up worse off than before filing.
National Averages
The national Chapter 13 dismissal rate is approximately 26.1%, based on FJC Integrated Database data covering 4.9 million cases across all 94 federal bankruptcy districts. When including all non-discharge outcomes (dismissal, conversion, closure without discharge), the Chapter 13 failure rate approaches 60-67%. Chapter 7 dismissal rates are much lower, typically 3-5%.
Attorney Variation Within Districts
Within the same courthouse, under the same judges, with similar debtor populations, some attorneys achieve Chapter 13 completion rates above 50% while others fall below 15%. This variation cannot be explained by external factors -- it reflects the quality of representation. When an attorney's dismissal rate is significantly above the district average, it suggests a systemic problem.
Why It Matters
A failed Chapter 13 case typically costs the debtor $3,500-$5,000 or more in attorney fees and filing fees, plus all plan payments made before dismissal -- sometimes thousands of dollars over months or years. None of this results in debt relief. The debtor is left with the same debts plus less money.
How to Check
The free screener at 1328f.com allows you to check attorney performance data. Public PACER records and the CourtListener free archive also contain case-level outcome data. Every attorney's track record is a matter of public record.
What a High Rate Means
A dismissal rate significantly above the district average may indicate: inadequate case preparation, bare petition filings without follow-up, failure to modify plans when circumstances change, poor client communication, high caseloads preventing individual attention, or business practices that prioritize fee collection over client outcomes.
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