About This Site
Serial filing - the pattern of filing multiple bankruptcy cases in sequence, often with each case ending in dismissal before a new one is filed - is one of the most studied and least understood phenomena in consumer bankruptcy. Some serial filers are genuinely struggling debtors who need multiple attempts to complete a plan. Others are using the automatic stay protection in bankruptcy as a tactical delay against foreclosure or eviction with no intention of completing the bankruptcy process.
This site will present research data on serial filing patterns across federal bankruptcy courts, including filing frequency, dismissal rates by attempt number, geographic concentration, and the relationship between serial filing and attorney representation. We use public PACER data and FJC Integrated Database records to identify patterns at scale.
We will also cover the legal framework for serial filing, including Section 109(g) refiling bars, Section 362(c)(3) and (c)(4) stay limitations, and the court's power under Section 105(a) to impose filing bars on abusive serial filers.
Part of the Open Bankruptcy Project - a growing collection of free, open-source bankruptcy information sites built on public court data. No advertising, no lead generation, no attorney referral fees. Real information, no strings.
Frequently Asked Questions
What is a serial bankruptcy filer?
A serial bankruptcy filer is someone who files multiple bankruptcy cases in sequence, often with each case dismissed before completion. Some serial filers are struggling debtors who need multiple attempts to complete a repayment plan. Others use the automatic stay as a tactical delay against foreclosure or eviction with no intent to complete the process.
What happens to the automatic stay for repeat filers?
Under 11 U.S.C. Section 362(c)(3), if your previous case was dismissed within the past year, the automatic stay in your new case expires after 30 days unless the court extends it. Under Section 362(c)(4), if two or more cases were dismissed within the past year, no automatic stay takes effect at all unless the court orders one.
Is there a limit on how many times you can file bankruptcy?
There is no statutory limit on the number of times you can file bankruptcy. However, Section 109(g) imposes a 180-day filing bar after certain dismissals. The automatic stay protections diminish with each successive filing. Courts can also impose filing bars under Section 105(a) for abusive serial filings.
Check Your Bankruptcy Discharge Eligibility
Use the free screener at 1328f.com to check whether federal timing bars affect your ability to receive a bankruptcy discharge.
Explore Serial Filing Topics
Dive deeper into repeat bankruptcy filings and discharge timing: