1328f.org

What You Need

Step-by-Step Process

1. Download FJC Data

   Go to the Federal Judicial Center Integrated Database (fjc.gov). Download the public release files for civil cases. These are free, bulk-downloadable datasets covering every federal bankruptcy case filed in the United States. Filter to Chapter 13 cases for the district you want to screen. The FJC data includes filing dates, case numbers, dispositions, and court identifiers for millions of cases going back decades.

2. Export PACER Data

   Log into PACER Case Locator (pcl.uscourts.gov). Search by district and chapter. Export the results to CSV. The CSV includes filing dates, case numbers, and party information. PACER Case Locator searches are free. This step supplements the FJC data with more recent filings and party-level detail that the FJC dataset may not yet include.

3. Run the Screener

   Go to 1328f.com/check.html. Upload your CSV or enter case details manually. The tool cross-references prior filing dates against the statutory bar windows defined in 11 U.S.C. § 1328(f). All computation runs locally in your browser. No data is uploaded to any server.

4. Review Results

   The screener flags cases where:

   • A prior Chapter 13 filing exists within the 2-year bar window under § 1328(f)(1)
   • A prior Chapter 7, 11, or 12 filing exists within the 4-year bar window under § 1328(f)(2)
   • The case received a discharge despite the statutory bar

   Flagged cases are potential violations, not confirmed violations. The screener identifies cases that warrant human review.

5. Verify on PACER

   For each flagged case, pull the individual docket on PACER to confirm the prior case dates and dispositions. The screener provides the prior case numbers for easy lookup. Verification confirms whether the prior case actually resulted in a discharge (which triggers the bar) and whether the dates fall within the statutory window. This is the only step that may incur cost.

6. Report

   Results can be exported as CSV from the screener dashboard. The data can be submitted to:

   • The U.S. Trustee Program for the relevant district
   • The Advisory Committee on Bankruptcy Rules via public comment
   • Academic researchers studying bankruptcy outcomes
   • Legal aid organizations serving affected debtors

Cost Breakdown

For a typical district, the initial screen produces a manageable number of flagged cases. A district with 5,000 Chapter 13 filings per year might produce 20 to 100 flags requiring verification. At $0.10 per page and approximately 1 to 3 pages per docket check, verification for a full district costs roughly $2 to $30.

Institutional PACER Fee Exemptions

If you are conducting this analysis at scale (multiple districts, ongoing monitoring, or academic research), you may qualify for a PACER fee exemption. Under the Judicial Conference fee schedule, the following categories may request fee waivers:

• Academic researchers affiliated with an educational institution may request exemptions for scholarly research purposes
• Courts and court employees accessing records for official business
• Government agencies including the U.S. Trustee Program and the Department of Justice
• Nonprofit organizations engaged in legal services or public interest research
• Individual users whose quarterly PACER charges do not exceed $30 (automatically waived)

Fee exemption requests are submitted through the PACER Service Center. Processing typically takes 2 to 4 weeks. Instructions are available at pacer.uscourts.gov/pacer-fee-information.

Understanding the Statutory Bars

Section 1328(f) of the Bankruptcy Code creates two discharge bars for Chapter 13 cases:

If a debtor received a discharge in a prior case and files a new Chapter 13 within the bar window, the court may not grant a discharge in the new case. The bar is mandatory, not discretionary. It applies regardless of whether anyone raises it.

What a Violation Looks Like

A confirmed 1328(f) violation typically follows this pattern:

1. Debtor files Chapter 7 (or 13) and receives a discharge
2. Debtor files a new Chapter 13 within the bar window
3. No party (trustee, creditor, U.S. Trustee, or court) raises the discharge bar
4. The new Chapter 13 case proceeds to discharge

The violation is not the debtor's fault. Debtors are rarely aware of the statutory bar. The responsibility to screen for discharge eligibility falls on the debtor's attorney, the Chapter 13 trustee, and the court's own systems. When all three fail to catch it, an ineligible discharge is granted.

Common Questions

Do I need programming skills?

No. The entire process uses web-based tools with graphical interfaces. The screener at 1328f.com runs in your browser. FJC data downloads as CSV files that can be opened in any spreadsheet program.

Can I screen multiple districts?

Yes. Repeat the process for each district. The FJC Integrated Database covers all 94 federal bankruptcy districts. A full national screen is feasible for a research team or institutional user.

How current is the FJC data?

The FJC typically releases updated Integrated Database files once per year, with data running through the prior fiscal year. For the most recent filings, supplement with PACER Case Locator searches.

What do I do if I find violations?

Confirmed violations can be reported to the U.S. Trustee for the relevant district, who has standing to move to revoke a discharge under 11 U.S.C. § 1330. Results can also be submitted as public comments to the Advisory Committee on Bankruptcy Rules, shared with academic researchers, or provided to legal aid organizations serving affected debtors.

Is the screener tool open source?

Yes. The full source code is available at github.com/ilikemath9999/bankruptcy-discharge-screener under an open-source license. You can inspect, modify, or host your own instance.

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