1328f.org

1. Context

Section 1328(f) of the Bankruptcy Code, enacted as part of BAPCPA in 2005, bars Chapter 13 discharge for debtors who received a prior discharge within a specified window. But many debtors with prior filings did not receive a prior discharge - their prior case may have been dismissed. For these debtors, Section 1328(f) does not apply.

Understanding the discharge rate for prior filers provides context for evaluating the scope and impact of Section 1328(f). It also identifies districts where prior filers are significantly less likely to succeed, which may indicate systemic barriers beyond the statutory bar.

2. Data

We analyzed all Chapter 13 cases in the FJC Integrated Database filed between FY2008 and FY2024 where the PRBANKFL field indicates a prior bankruptcy filing.

3. National Overview

One in three Chapter 13 debtors has a prior bankruptcy filing. Of these, roughly one in four receives a discharge. The remaining three in four either have their cases dismissed, converted, or remain pending.

This 24.1% discharge rate for prior filers compares to an estimated 33-40% overall Chapter 13 discharge rate nationally. Prior filers are roughly 10-16 percentage points less likely to receive a discharge than first-time filers.

4. Variation by District

The prior-filer discharge rate varies dramatically across the 94 federal bankruptcy districts. The following table shows selected districts at the extremes and midrange.

The full district-by-district breakdown is available on the interactive national dashboard.

5. What Drives the Variation

Several factors contribute to the wide district-level variation:

5.1 Local Legal Culture

Some districts have strong debtor-attorney ecosystems with high completion rates across all debtors, including prior filers. Other districts have higher dismissal rates across the board, and the effect is amplified for prior filers who may face additional scrutiny.

5.2 Trustee Screening Practices

Chapter 13 trustees vary in how aggressively they screen for Section 1328(f) bars. In districts where trustees routinely check for prior filings, barred debtors are caught before discharge. In districts where screening is less systematic, some barred debtors receive discharges that should not have been entered.

5.3 Attorney Quality

The quality of debtor's counsel has a measurable effect on Chapter 13 outcomes. Prior filers represented by attorneys with high overall dismissal rates are less likely to receive a discharge. Conversely, prior filers represented by attorneys with strong track records succeed at rates closer to first-time filers.

5.4 Question 9 Enforcement

The Official Bankruptcy Petition Form (Form 101) asks at Question 9 whether the debtor has filed a prior bankruptcy within the last 8 years. An accurate answer to Question 9 triggers review. An inaccurate answer - "No" when the correct answer is "Yes" - can allow a barred debtor to pass through without scrutiny.

Our screening identified cases where Question 9 was answered "No" despite a verifiable prior filing within the bar window. The rate of inaccurate Question 9 answers varies by attorney and by district.

6. Connection to Section 1328(f) Violations

Of the 391,951 prior filers who received discharges, 264 (0.07%) received discharges despite falling within the Section 1328(f) bar window. While 0.07% may appear small in percentage terms, each case represents a discharge that Congress intended to prohibit.

The concentration of violations among a small number of attorneys (6 attorneys account for 73% of violations in target districts) suggests that the enforcement gap is not random. It is associated with specific practice patterns.

7. Academic Context

This analysis extends recent academic research on repeat bankruptcy filing. Hynes (2025, Journal of Empirical Legal Studies) examined prior-filer outcomes and identified the repeat-filing cycle as a significant feature of the consumer bankruptcy system. Our 27.4% prior-filer discharge rate in target districts (weighted by local population) is consistent with Hynes's findings and extends the analysis to all 94 districts with attorney-level granularity.

8. Methodology

See the full methodology report for data sources, screening procedures, and quality controls. All tools are available on GitHub.