What percentage of Chapter 13 filers have filed bankruptcy before?

Nationally, 37.7% of Chapter 13 filers are prior filers -- meaning they have at least one previous bankruptcy case on record. In the District of Utah, this rate reaches 54.4%, meaning more than half of all Chapter 13 filers there have been through the process before.

Do repeat bankruptcy filers get discharged at the same rate?

No. Prior filers receive a Chapter 13 discharge at a rate of only 23.9%, compared to 36.6% for all filers. The system appears to fail repeat filers at an even higher rate than first-time filers, raising questions about whether serial filing addresses or perpetuates financial distress.

Can you file Chapter 13 bankruptcy more than once?

Yes, there is no limit on the number of times you can file Chapter 13. However, Section 1328(f) of the Bankruptcy Code imposes waiting periods on when you can receive a discharge: 4 years after a prior Chapter 7 discharge, or 2 years after a prior Chapter 13 discharge. Filing before the waiting period expires means the case can proceed but no discharge will be granted.

Which district has the highest repeat bankruptcy filing rate?

The District of Utah has the highest repeat filing rate at 54.4% of all Chapter 13 cases, based on 11,516 filings from 2020 to 2024. The Eastern District of New York is second at 53.5%, and the Western District of Tennessee is third at 52.4%.

How do I check if I am eligible to file bankruptcy again?

The Section 1328(f) waiting period depends on your prior case type and discharge date. The Open Bankruptcy Project provides a free screening tool at 1328f.com that checks eligibility based on your prior filing history. No personal information is stored.

1 in 3 Chapter 13 Filers Has Filed Before: Repeat Bankruptcy by District -- Open Bankruptcy Project Explained

Name: Chapter 13 Repeat Filing Rates by Federal District (2020-2024)
Creator: Open Bankruptcy Project
License: https://creativecommons.org/publicdomain/zero/1.0/

More than one in three Chapter 13 bankruptcy filers has been through the process before. An Open Bankruptcy Project analysis of 2.3 million Chapter 13 cases filed between fiscal years 2020 and 2024 finds that 37.7% of debtors nationally are prior filers -- individuals who have at least one previous bankruptcy case on record. In the District of Utah, that figure reaches 54.4%.

The prevalence of repeat filing raises fundamental questions about whether the Chapter 13 system is resolving financial distress or merely cycling debtors through a process that fails more often than it succeeds.

Key finding: Prior filers receive a Chapter 13 discharge at a rate of only 23.9%, compared to 36.6% for all filers. The system is failing repeat filers at an even higher rate -- debtors who return to bankruptcy court are less likely to complete their plans than those filing for the first time.

The 15 Districts with the Highest Repeat Filing Rates

The following districts have the highest percentage of Chapter 13 filers who have filed at least one prior bankruptcy case, based on FJC data from fiscal years 2020 through 2024.

Rank	District	Cases Filed	Prior Filer Rate
1	D. Utah (UT)	11,516	54.4%
2	E.D.N.Y. (NY)	13,187	53.5%
3	W.D. Tenn. (TN)	27,844	52.4%
4	D. Idaho (ID)	1,082	50.4%
5	E.D. Wis. (WI)	12,222	49.3%
6	M.D. Tenn. (TN)	11,524	49.0%
7	N.D. Ga. (GA)	40,911	48.2%
8	N.D. Ill. (IL)	38,689	44.8%
9	E.D. Ark. (AR)	11,613	44.4%
10	E.D. Mo. (MO)	11,116	44.4%
11	D.D.C. (DC)	397	43.1%
12	D. Md. (MD)	15,672	41.9%
13	D. Conn. (CT)	2,727	41.8%
14	N.D. Ohio (OH)	11,378	41.4%
15	N.D. Ala. (AL)	27,429	41.1%

Utah: The Repeat Filing Capital

The District of Utah leads the nation with 54.4% of Chapter 13 filers having at least one prior bankruptcy case. Of the 11,516 Chapter 13 cases filed in Utah during the study period, more than 6,200 involved debtors who had been through the process before. Utah's position at the top of this list persists across multiple years of data.

The reasons behind Utah's high repeat rate are not fully understood, but contributing factors may include local attorney practices, the state's cost of living relative to income levels, and the structure of standing trustee administration in the district.

High Volume, High Repeats

Two districts combine massive case volume with repeat filing rates above 44%: the Northern District of Georgia (Atlanta) with 40,911 filings at 48.2% repeats, and the Northern District of Illinois (Chicago) with 38,689 filings at 44.8% repeats. Together, these two districts account for nearly 80,000 Chapter 13 cases, and roughly 37,000 of those involve prior filers.

The scale of repeat filing in these districts is notable. In the Northern District of Illinois alone, approximately 17,300 Chapter 13 cases over five years involved debtors who had already been through bankruptcy at least once. Each of those cases consumed court resources, generated attorney fees, and required debtor payments -- yet the overall Chapter 13 discharge rate in high-dismissal districts remains well below the national average.

The Discharge Gap for Prior Filers

Repeat filers do not just file at high rates -- they fail at higher rates. Nationally, prior filers achieve a Chapter 13 discharge only 23.9% of the time, compared to 36.6% for all filers. This 12.7 percentage point gap means that more than three out of four repeat filers will not complete their Chapter 13 plan.

This pattern creates a recurring pattern. A debtor files Chapter 13, fails to complete the plan, returns to financial distress, and files again. The second filing is statistically even less likely to succeed. Attorney fees are generated each time. Court resources are consumed each time. The debtor's financial position deteriorates with each failed attempt.

1328(f) risk: Some repeat filers may be filing within the statutory waiting period established by Section 1328(f) of the Bankruptcy Code. An estimated 75,764 discharges may have been granted in violation of these waiting periods nationally. Debtors can check their eligibility at 1328f.com.

Tennessee: Two Districts, Two Problems

Tennessee places two districts in the top six: the Western District (Memphis) at 52.4% and the Middle District (Nashville) at 49.0%. Combined, these two districts filed 39,368 Chapter 13 cases, with roughly 19,800 involving prior filers. The Western District of Tennessee also ranks second nationally for Chapter 13 dismissal rates at 91.3%, suggesting a direct connection between high repeat rates and high failure rates.

What Drives Repeat Filing

Repeat bankruptcy filing can result from several factors:

Prior case dismissed: A debtor whose Chapter 13 plan was dismissed -- due to missed payments, loss of income, or administrative errors -- may refile to restore the automatic stay and attempt a new plan.
Strategic serial filing: Some debtors file repeatedly to invoke the automatic stay and delay foreclosure or repossession, even without a realistic prospect of plan completion.
Inadequate initial representation: Poorly drafted plans, unrealistic budgets, or failure to address all debts in the original filing can lead to dismissal and the need to refile.
Changed circumstances: Job loss, medical emergencies, or family changes during a multi-year plan can derail an otherwise viable case, leading to a new filing once circumstances stabilize.

Regardless of the cause, the data shows that the current system is not breaking the cycle for most repeat filers. Resources for debtors considering whether to file again include the serialfiler.org information hub, the canifileagain.org eligibility guide, and the 1328(f) discharge screener.

Methodology: This analysis covers 2.3 million Chapter 13 bankruptcy cases filed in fiscal years 2020 through 2024 across all 94 federal judicial districts. Data is sourced from the Federal Judicial Center's Integrated Database (FJC IDB). A "prior filer" is defined as a debtor whose FJC record indicates at least one previous bankruptcy filing. The prior filer discharge rate of 23.9% is calculated across all prior filers with known case dispositions nationally. Data current as of March 2026.