National Chapter 13 Dismissal Rates
Chapter 13 requires completing a 3-to-5-year plan. Nationally, a significant percentage never reach discharge. FJC data shows dismissal rates ranging from under 30% to over 60% depending on district.
Why this matters: Debtors should understand the success rate in their district. Researchers need this data to identify systemic issues.
Factors Influencing Dismissal Rates
- Income stability - Job loss during a 3-5 year plan is the most common cause
- Plan feasibility - Aggressive plans with little margin fail more often
- Attorney quality - Experience and caseload correlate with outcomes. A high dismissal rate may indicate attorney negligence in case preparation.
- Local legal culture - Trustee practices, judge expectations vary by district
- Payment mechanisms - Wage orders have higher completion rates
After Dismissal
The automatic stay protection in bankruptcy lifts and creditors may resume collection. Refiling complications:
- 362(c)(3): One dismissal in prior year = stay expires in 30 days
- 362(c)(4): Two+ dismissals = no stay without court order
- 109(g): Willful failure = 180-day filing bar
When attorney conduct drove the dismissal: the file is the evidence
Dismissal-rate analysis is portfolio-level. It identifies firms whose practices correlate with above-average dismissal outcomes. For any individual former client trying to determine whether their specific dismissal traces to their attorney's conduct, the evidence is in the client file: time entries, intake records, communications, work product, schedules, plan analysis, fee billing reconciled against court-approved compensation under 11 U.S.C. Section 330.
Under ABA Model Rule 1.16(d), your former attorney must surrender the entire file on demand after termination of representation. Refusal is a stand-alone disciplinary violation. When refusal accompanies a high-dismissal-rate firm, the inference shifts from probabilistic (statistically more likely than average) to documentary (this firm withheld evidence the client was entitled to receive).
Detailed framework: file-return rights and demand-letter template | Tier 1 mill indicator | malpractice indicator | fees-over-court-order trigger.
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Related Resources
what happens after bankruptcy dismissal - What to do after dismissal
Section 109(g) filing bars - 180-day filing bar
serial filing rules and waiting periods - Stay limits for repeat filers
Dismissal Rates by District
Free Chapter 7 and Chapter 13 dismissal rate data for every major federal bankruptcy district. Numbers are resolved-case dismissal rates (excluding pending cases).