National Repeat Filing Rates
Based on analysis of the FJC Integrated Database and PACER court records, approximately 8-12% of all bankruptcy filers have at least one prior bankruptcy case. This "prior-filer rate" varies significantly by district, chapter, and time period.
Key findings from federal court data:
- Chapter 13 has a higher repeat rate than Chapter 7 -- Because Chapter 13 plans fail at high rates (approximately 33-67% nationally), many Chapter 13 debtors refile after dismissal. This is not a new filing by a serial abuser -- it is often the same person trying again to complete their plan.
- Repeat rates vary by district -- Some districts see prior-filer rates above 15%, while others are below 5%. This variation reflects local economic conditions, attorney practices, and court culture.
- The rate has been relatively stable since BAPCPA -- The 2005 bankruptcy reform law (BAPCPA) added the automatic stay limitations and discharge bars, but repeat filing rates have not declined dramatically.
Why Repeat Filing Happens
The data shows several primary drivers of repeat filing:
Chapter 13 plan failure
The single largest source of repeat filings is Chapter 13 plan failure followed by refiling. National Chapter 13 completion rates range from 33% to 67% depending on the district. That means up to two-thirds of Chapter 13 cases in some districts end in dismissal, and many of those debtors refile.
Changed circumstances
Job loss, medical emergencies, divorce, and other life changes can create new financial crises years after a prior discharge. These are legitimate repeat filings driven by new circumstances, not gaming.
Chapter conversion
Some repeat filings are actually conversions -- a debtor who filed Chapter 13, had the case dismissed, and then files Chapter 7 (or vice versa). The FJC database may record these as separate cases.
What the Research Says
Academic research on serial filing includes:
- Norberg and Velkey (2006) -- Found that prior filers in Chapter 13 had lower completion rates, suggesting structural barriers to plan success for repeat filers
- Hynes (2025) -- Analyzed prior-filer rates using FJC data, finding approximately 27.4% of Chapter 13 filers in some districts had prior cases
- Porter (2011) -- Documented the "revolving door" of Chapter 13, where dismissed debtors refile in a pattern driven more by desperation than strategic abuse
Key insight: Most repeat filing is not abuse. It is a consequence of Chapter 13's high failure rate combined with the ongoing financial difficulties that led to bankruptcy in the first place. Understanding this distinction matters for policy discussions about serial filing.
Prior-Filer Rates by Chapter
| Chapter | Approx. Prior-Filer Rate | Primary Driver |
|---|---|---|
| Chapter 7 | 5-8% | New debts after prior discharge |
| Chapter 13 | 12-27% | Prior plan failure / dismissal |
| All chapters | 8-12% | Blended average |
Rates are approximate based on FJC Integrated Database analysis. District-level variation is significant.
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Related Resources
1328f.org -- Full research platform with national data
dischargebar.org -- Discharge bar timing rules
dismissedbankruptcy.org -- Dismissed bankruptcy and next steps
109g.org -- The 180-day filing bar