Eastern District of Virginia: Bankruptcy Dismissal Rates

At a Glance

Dismissal rates are computed on resolved cases only (discharged + dismissed). Pending cases are excluded so the rate is not diluted. Source: Federal Judicial Center Integrated Database, bankruptcy segment.

Dismissal Rates vs. National Benchmark

The "Delta" column shows how many percentage points the Eastern District of Virginia differs from the national rate. Positive values mean more dismissals here; negative values mean fewer.

5-Year Filing and Dismissal Trend (2020-2024)

Chapter 7

Chapter 13

Recent filing years show artificially low dismissal rates because many cases are still pending. The 2020-2021 cohorts are the most stable indicators. Resolution rates catch up over 3-5 years after filing (especially Chapter 13).

Top Dismissal Reasons in the Eastern District of Virginia

Chapter 7 Dismissals by Reason

Chapter 13 Dismissals by Reason

Chapter 13 dismissals cluster around failure to make plan payments, which is the single largest category of bankruptcy dismissal in the United States. Chapter 7 dismissals, when they happen, are usually procedural -- missing Section 521 documents, failing to attend the Section 341 meeting, or in a small fraction of cases, a trustee or U.S. Trustee motion under Section 707(b) for presumption of abuse.

What These Numbers Mean for Filers

The Eastern District of Virginia handles bankruptcy filings for the federal judicial district that covers portions of Virginia. The Federal Judicial Center's Integrated Database records 1,058 consumer Chapter 7 and Chapter 13 cases in this district in the available data window. What follows is an empirical look at how many of those cases were dismissed, why, and how the Eastern District of Virginia compares to the national benchmark. All figures come directly from federal court records -- no estimates, no attorney-supplied data.

Chapter 7 resolved-case data for the Eastern District of Virginia is too limited in the current snapshot to report a reliable dismissal rate. The broader pattern nationally is that Chapter 7 dismissals run about 2.1% of resolved cases, driven largely by missing Section 521 documents and failure to attend the Section 341 meeting.

Chapter 13 tells a much harsher story than Chapter 7 anywhere in the United States, and the Eastern District of Virginia is no exception. The dismissal rate on resolved Chapter 13 filings here is 26.3% (20 dismissed of 76 resolved). That is 20.5 points below the 46.8% national Chapter 13 dismissal rate, a sign that filers here are completing plans at a higher-than-average clip. The core reality: Chapter 13 requires debtors to make every scheduled payment for 36 to 60 months. Any material interruption -- job loss, medical event, car repair, divorce -- can trigger a motion to dismiss by the Chapter 13 trustee. Missing a single plan payment is usually survivable; missing three in a row often is not.

If you are filing or have already filed in the Eastern District of Virginia, the dismissal risk is not evenly distributed. It concentrates in the weeks immediately after filing (Section 521 document deadlines, 341 meeting attendance) and then again when plan payments begin in Chapter 13. Pull a copy of your docket from PACER or RECAP and verify every deadline is calendared. If a trustee files a motion to dismiss, you typically have a short window to cure the default or respond in writing. Review your case against the free screening tool at 1328f.com to confirm you are not at risk of a second-filing bar under Section 1328(f), which compounds a dismissal problem by blocking refiling for up to 4 years.

How to Reduce Your Dismissal Risk

The FJC data suggests a short list of the most dismissal-resistant filing practices:

1. File complete Section 521 documents on day one. Pay stubs for 60 days pre-filing, most recent tax return, Statement of Financial Affairs, schedules A-J. Missing any of these is the most common dismissal trigger.
2. Complete both credit counseling courses. The pre-filing credit counseling certificate is required for filing; the post-filing financial management course is required for discharge. Missing the second one will not dismiss the case but will withhold discharge -- functionally the same result.
3. Attend the Section 341 meeting of creditors. Bring a government-issued photo ID and Social Security card. Courts do not waive 341 attendance for schedule conflicts; reschedule requests must go through the trustee in advance.
4. If you are in Chapter 13, watch plan payments like a hawk. Missing three consecutive payments is usually enough for the Chapter 13 trustee to file a motion to dismiss. If a hardship arises, file a plan modification under Section 1329 before the trustee's motion lands.
5. Check for Section 1328(f) ineligibility before filing. If you received a Chapter 7 discharge within the last 8 years (or Ch. 13 within the last 6 years for a Ch. 7 filing, or last 2 years for a Ch. 13 filing), you may be time-barred from discharge even if the case survives to the finish line. Free screener at 1328f.com.

Related Research and Tools

• Why Chapter 13 Cases Fail -- deeper analysis of the 35-70% Chapter 13 dismissal problem
• Voluntary Dismissal vs. Court-Ordered Dismissal
• How to Check Your Case Status
• The First-Year Dismissal Spike
• Browse All Districts