Bankruptcy Research & Literature -- Key Studies and Data Sources
About This Page
This is a curated bibliography of published academic research, government data sources, and institutional reports relevant to consumer bankruptcy in the United States. All links point to publicly accessible resources on .edu, .gov, and institutional domains. This page is maintained as a reference for researchers, journalists, attorneys, and policymakers working in consumer bankruptcy.
1. Empirical Bankruptcy Research
Published academic research on consumer bankruptcy outcomes, attorney fees, filing patterns, and debtor experiences. These studies form the empirical foundation for understanding how the consumer bankruptcy system operates in practice.
Lois Lupica -- "The Consumer Bankruptcy Fee Study"
The most comprehensive analysis of attorney fees in consumer bankruptcy cases. Examined fee data from thousands of cases across multiple districts to document how fees vary by chapter, region, and practice type. A foundational study for understanding the economics of consumer bankruptcy practice.
Read on SSRNRobert Lawless -- Consumer Bankruptcy Filing Trends and Means Test Research
Extensive empirical work on bankruptcy filing rates, the effects of the 2005 BAPCPA means test, and consumer debt trends. Co-editor of Credit Slips, a widely read academic blog on credit and bankruptcy. His research on filing trends has been cited in congressional testimony and judicial opinions.
Faculty page -- University of Illinois | Credit Slips blogPamela Foohey -- Consumer Bankruptcy Costs and Attorney Fee Research
Research on the monetary and non-monetary costs of filing Chapter 7 bankruptcy, attorney fee structures in consumer cases, and the experiences of pro se bankruptcy filers. Co-authored studies examining how attorney practices affect case outcomes and debtor welfare.
Faculty page -- Cardozo LawEdward Morrison -- Bankruptcy Outcome Studies
Empirical research on bankruptcy outcomes, including studies on Chapter 13 completion rates, the effects of judicial discretion on case outcomes, and consumer debt resolution. His work has helped quantify how often Chapter 13 plans succeed and what factors predict completion.
Faculty page -- Columbia LawKatherine Porter -- "The Pretend Solution" and Homeownership Research
"The Pretend Solution: An Empirical Study of Bankruptcy Outcomes" documented that Chapter 13 plans frequently fail to deliver on their stated objectives, particularly regarding mortgage arrears and homeownership preservation. Her research demonstrated a gap between what Chapter 13 promises and what it actually delivers for debtors.
Faculty page -- UC Irvine LawRichard Hynes -- "Prior Filing and Consumer Bankruptcy"
Examines the relationship between prior bankruptcy filings and subsequent case outcomes. Analyzes how repeat filings affect discharge rates, plan completion, and debtor welfare. Provides empirical evidence on the population of serial filers and the effectiveness of statutory bars on repeat filings.
Faculty page -- UVA LawLynn LoPucki -- Bankruptcy Research Database
Created and maintains the most comprehensive database of large bankruptcy cases in the United States. The BRD tracks outcomes, professional fees, and case characteristics for large public-company bankruptcies. His broader research on bankruptcy courts as competitive markets has shaped academic understanding of forum shopping and venue selection.
Bankruptcy Research Database -- UCLA LawJonah Gelbach -- Empirical Legal Studies
Methodological and empirical research on access to justice, legal system outcomes, and quantitative approaches to studying the courts. His work on empirical methods has influenced how researchers measure and compare legal outcomes across jurisdictions and time periods.
Faculty page -- UC Berkeley LawJason Kilborn -- International Consumer Bankruptcy Research
Comparative and domestic research on consumer bankruptcy systems, with particular focus on how different countries handle consumer insolvency. His work provides international context for evaluating the effectiveness of the U.S. consumer bankruptcy system and proposed reforms.
Faculty page -- UIC LawAngela Littwin -- Consumer Bankruptcy and the Means Test
Research on the impact of the BAPCPA means test on consumer bankruptcy filers, the role of credit card debt in bankruptcy, and gender disparities in consumer debt. Her empirical work examines how procedural barriers affect who can access bankruptcy relief and what outcomes they achieve.
Faculty page -- UT Austin Law2. Government Data Sources
Primary data sources maintained by federal agencies. These databases contain the raw case-level information that underpins most empirical bankruptcy research.
Federal Judicial Center (FJC) -- Integrated Database
The most comprehensive source of federal court case data in the United States. The IDB contains case-level records for every bankruptcy filing in every federal district, including filing date, chapter, disposition, and closure date. Bulk download files cover 2008 through the most recent complete year and contain millions of records. This is the primary data source for national-scale bankruptcy research.
FJC Integrated DatabasePACER -- Public Access to Court Electronic Records
The electronic public access system for all federal courts. PACER provides docket sheets, filed documents, case participant information, and filing history for every bankruptcy case. The PACER Case Locator (PCL) allows searching across all districts by attorney name, party name, or case number. Access costs $0.10 per page with a $3.00 cap per document.
PACER | PACER Case LocatorU.S. Trustee Program
The component of the Department of Justice responsible for overseeing bankruptcy case administration and the integrity of the bankruptcy system. Publishes means test data, Chapter 13 trustee reports, and information on bankruptcy fraud enforcement. The USTP also maintains lists of approved credit counseling and debtor education providers required under BAPCPA.
U.S. Trustee ProgramAdministrative Office of the U.S. Courts -- Bankruptcy Statistics
Official bankruptcy filing statistics published by the federal judiciary. Includes total filings by chapter, district, and time period. The annual report "Judicial Business of the United States Courts" provides comprehensive statistical tables on bankruptcy case activity, outcomes, and processing times across all 94 federal judicial districts.
Statistics & Reports -- U.S. CourtsU.S. Census Bureau -- Median Income Tables
Census Bureau median income data by state and household size is used by the U.S. Trustee Program to set means test thresholds. These figures determine whether a debtor qualifies to file Chapter 7 or must file Chapter 13 instead. Updated periodically based on American Community Survey data.
U.S. Census Bureau3. Institutional Reports
Reports and resources from organizations that study the bankruptcy system, advocate for reform, or support practitioners.
American Bankruptcy Institute (ABI)
The largest multidisciplinary, nonpartisan organization dedicated to research and education on insolvency. The ABI Commission to Study the Reform of Chapter 11 (2014) produced comprehensive recommendations for modernizing business bankruptcy. ABI also publishes consumer bankruptcy research, the ABI Journal, and sponsors the Consumer Bankruptcy Fee Study.
American Bankruptcy InstituteNational Consumer Law Center (NCLC)
Publishes comprehensive practice resources for consumer bankruptcy attorneys, including "Consumer Bankruptcy Law and Practice," one of the most widely cited treatises in consumer bankruptcy. NCLC also advocates for policy reforms to protect low-income consumers in the bankruptcy process and publishes research on the intersection of bankruptcy and other consumer protection laws.
National Consumer Law CenterNational Association of Consumer Bankruptcy Attorneys (NACBA)
The national professional organization for consumer bankruptcy attorneys. NACBA conducts annual surveys of its membership on practice economics, fees, and challenges facing consumer bankruptcy practitioners. Their data on attorney fee trends and practice viability provides an important complement to court-records-based research.
NACBAPew Charitable Trusts -- Civil Legal System Research
Research on the civil legal system, debt collection, and access to justice. Pew's work on civil court reform and the burden of debt on American households provides context for understanding why consumers file bankruptcy and what happens when they cannot access the legal system effectively.
Pew -- Civil Legal SystemBrookings Institution -- Economic Mobility and Debt
Research on household debt, economic mobility, and financial distress. Brookings scholars have published studies on the effects of medical debt, student loan debt, and housing costs on bankruptcy filing rates and household financial stability.
Brookings InstitutionUrban Institute -- Consumer Credit and Debt Studies
Research on consumer credit, debt in collections, and the geography of financial distress. The Urban Institute's "Debt in America" project maps debt levels and collection rates by community, providing geographic context for bankruptcy filing patterns and outcomes.
Urban Institute4. BAPCPA Impact Studies
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) was the most significant reform to the Bankruptcy Code in a generation. These resources examine how its provisions have affected consumer bankruptcy in practice.
BAPCPA at 20: Two Decades of Consumer Bankruptcy Data
Analysis of 4.9 million FJC records covering the full post-BAPCPA era (2008--2024). Examines how filing patterns, chapter selection, dismissal rates, and discharge outcomes have changed across all 94 federal judicial districts since BAPCPA took effect. Includes district-level comparisons and trend data.
Read the full reportGovernment Accountability Office -- BAPCPA Implementation Reviews
The GAO has published multiple reports examining BAPCPA implementation, including the effects of the means test on filing patterns, the costs and effectiveness of mandatory credit counseling, and the impact on bankruptcy court operations. These reports provide independent assessments of whether BAPCPA achieved its stated objectives.
Government Accountability OfficeMeans Test Impact Research
A body of academic research examining how the BAPCPA means test changed who files bankruptcy and under which chapter. Studies by Lawless, Lupica, and others have documented that the means test shifted filings from Chapter 7 to Chapter 13, increased attorney fees, and created new barriers for low-income filers -- effects that were not uniformly distributed across districts or demographics.
5. Open Data & Tools
Free and open-access resources for bankruptcy research, data analysis, and case monitoring.
RECAP Archive -- Free Law Project
A free, searchable archive of PACER documents contributed by users of the RECAP browser extension. Every PACER document accessed through RECAP becomes permanently free for subsequent users. The archive contains millions of court documents and grows with every search. An essential resource for reducing the cost of bankruptcy research.
RECAP ArchiveCourtListener -- Free Law Project
A free legal research platform providing access to court opinions, oral arguments, PACER dockets (via RECAP), and judge information. CourtListener's API allows programmatic access to court data, and its alert system can monitor cases and dockets for new activity. Maintained by the nonprofit Free Law Project.
CourtListener1328f.com -- Free Bankruptcy Discharge Screener
Free, open-source tool for checking whether statutory bars on repeat bankruptcy discharge apply to a debtor's situation. Screens for Section 1328(f), 727(a)(8), 727(a)(9), and 109(g) bars. Runs entirely in the browser with no server-side processing and no data collection. Source code available on GitHub.
1328f.com Screener | Source on GitHub1328f.org -- Consumer Bankruptcy Research Platform
Independent research platform publishing data-driven reports on consumer bankruptcy outcomes, attorney performance measurement, and system accountability. All analysis is based on public court data from the FJC Integrated Database and PACER. Reports, methodology documentation, and tools are freely available.
1328f.orgFJC Integrated Database -- Bulk Download
The FJC provides bulk download files of the Integrated Database in multiple formats. Bankruptcy case data includes all filings from 2008 forward, with fields for filing date, chapter, disposition, district, and case duration. These files are the starting point for most large-scale empirical bankruptcy research.
FJC IDB Bulk DownloadRelated Reports
- What Is a Bankruptcy Mill? A Data-Driven Definition
- Measuring Bankruptcy Attorney Performance Using Public Data
- How We Screened 4.9 Million Bankruptcy Cases
- Chapter 13 Dismissal Rates by District
- BAPCPA at 20: Two Decades of Consumer Bankruptcy Data
- Prior-Filer Discharge Rates
How to Cite
1328f.org, "Bankruptcy Research & Literature -- Key Studies and Data Sources," March 2026, https://1328f.org/reports/research-literature/
Not Legal Advice
This page compiles links to published research and public data sources for informational purposes. It does not constitute legal advice. Inclusion on this page does not imply endorsement by or affiliation with any listed author, institution, or organization. Debtors seeking legal assistance should consult with a licensed attorney.
A project of the Open Bankruptcy Project, a 501(c)(3) nonprofit (determination pending).