1328f.org

Consumer Bankruptcy Research & Accountability

All Reports

How We Screened 4.9 Million Bankruptcy Cases

Methodology March 2026

Technical walkthrough of the Section 1328(f) screening methodology: data sources, filing-date-to-filing-date calculation per In re Blendheim, de-staling procedures, and verification against docket records.

How to Read Your Attorney's PACER Record

Consumer Guide March 2026

A plain-English guide to using free public court records to evaluate a bankruptcy attorney's track record. What to look for, what the numbers mean, and how to compare outcomes against baselines.

Prior-Filing Discharge Rates Under Section 1328(f): National Analysis

Research March 2026

Of 1,627,116 Chapter 13 debtors with prior bankruptcies, 391,951 received discharges. National analysis of discharge rates for prior filers by district, with enforcement gap identification.

BAPCPA at 20: What the Data Shows

Research March 2026

Twenty years after the Bankruptcy Abuse Prevention and Consumer Protection Act, an empirical assessment of its major consumer provisions: the discharge bar, the means test, credit counseling, filing fees, and their measurable effects on 4.9 million cases.

Chapter 13 Dismissal Rates by District: National Analysis

Research March 2026

Chapter 13 has a national completion rate of approximately 33-40%. Dismissal rates vary by more than 30 percentage points across federal districts. Attorney quality is the strongest predictor of outcomes.

What Is a Bankruptcy Mill? A Data-Driven Definition

Research March 2026

No standard empirical definition of "bankruptcy mill" exists. This report proposes a data-driven framework using 8 measurable indicators, validated against published sanctions opinions from federal courts and state bar authorities.

Measuring Bankruptcy Attorney Performance Using Public Data

Methodology March 2026

A methodology for measuring attorney performance using PACER data: control group construction, metric selection, statistical validation, and interpretation guidelines. Designed for replication in any federal district.

Section 109(g): The Filing Bar for Dismissed Debtors

Explainer March 2026

Section 109(g) bars filing within 180 days of a prior dismissal. Enforcement is inconsistent. 85.3% of fail-then-refile chains in one analyzed portfolio occurred within 180 days. How the filing bar connects to Section 1328(f) as a two-layer protection.

Section 727(a)(8): The Chapter 7 Discharge Bar

Explainer March 2026

The Chapter 7 discharge bar: 8 years for a prior Chapter 7, 6 years for a prior Chapter 13. How it relates to Section 1328(f), enforcement differences, and a complete table of all bar combinations across chapters.

PACER cases made free through RECAP: 0 of 37.9 million

Every document we access becomes permanently free for the next researcher, attorney, or debtor. More added daily.

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