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
- Local legal culture -- Trustee practices, judge expectations vary by district
- Payment mechanisms -- Wage orders have higher completion rates
After Dismissal
The automatic stay 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
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Related Resources
dismissedbankruptcy.org -- What to do after dismissal
109g.org -- 180-day filing bar
serialfiler.org -- Stay limits for repeat filers