Bankruptcy Case Reopening Patterns — Empirical Dataset v0.1

First sustained empirical view of bankruptcy case reopenings under § 350(b). 5,138 reopened cases analyzed across all chapters, 1992-2026. Most prior literature on reopening works from individual case studies; this dataset enables base-rate analysis.

Headline findings

Reopening rates by chapter

Why Chapter 7 cases get reopened

The 93% post-discharge rate for Ch.7 reopenings reflects the chapter's characteristic procedural categories:

1. Add omitted creditors (most common)

The single largest category of reopenings. The debtor or counsel discovers a creditor that was inadvertently left off Schedule E/F. Adding the creditor post-discharge ensures the discharge applies to that debt. Filing fee is reduced for omitted-creditor reopenings.

2. Post-discharge asset discovery

Trustee or third party discovers an asset (lawsuit recovery, inheritance, hidden asset) that should have been administered. Trustee files motion to reopen and administer the asset. Distribution to creditors follows.

3. § 524 discharge-injunction violations

Debtor seeks contempt sanctions against a creditor who continues collection on a discharged debt. The bankruptcy court has exclusive jurisdiction over § 524 violations; reopening is the procedural vehicle.

4. § 727(d) discharge revocation

Trustee, U.S. Trustee, or creditor files for revocation of discharge under § 727(d) on grounds of fraud, refusal to obey court orders, or failure to satisfy other conditions. The §727(d) cases documented in the rare outcomes dataset all start as reopenings.

5. Reaffirmation late-filing

If a debtor wants to reaffirm a secured debt but the case has closed, reopening is required to file the reaffirmation agreement and obtain court approval (for pro se debtors) or trustee acknowledgment (for represented debtors).

Why Chapter 13 reopenings differ

Ch.13 reopening patterns split between post-discharge (58%) and post-dismissal (33%):

• Post-discharge Ch.13 reopenings are similar to Ch.7's mix — omitted creditors, asset discovery, § 524 contempt — though smaller in absolute count because Ch.13 produces fewer discharges overall.
• Post-dismissal Ch.13 reopenings are typically motions to vacate the dismissal — debtors who missed plan payments or otherwise defaulted but want a second chance to cure. Vacate-dismissal motions under § 1307(c) are subject to good-cause review.

Why Chapter 11 has the highest reopening rate

Chapter 11's 4.74% reopening rate is highest among all chapters. Drivers:

• Corporate plan-administration cleanup. Confirmed Ch.11 plans often require post-confirmation administrative actions that produce reopenings (e.g., dispute resolution on contested claims, post-confirmation litigation cleanup).
• Litigation-trust matters. Liquidating Ch.11 plans often establish litigation trusts that operate post-confirmation; reopenings facilitate trustee actions.
• Sub V settlement disputes. Sub V plans confirmed by cramdown create more post-confirmation friction than consensual plans.

The 2020 reopening decline

The 2020+ decline parallels the broader bankruptcy-volume decline: fewer cases means fewer post-discharge events triggering reopenings. Plus pandemic-era court schedules and remote proceedings produced procedural friction that delayed reopening filings.

Per-district reopening concentration

Top districts vary from 1.2% (Texas Southern) to 4-5% (Western Missouri, Massachusetts). Variation reflects local clerk-office practice in setting reopening fees, the local bar's tendency to file omitted-creditor motions, and per-district trustee activity post-discharge.

Open dataset

• reopening_by_chapter.csv
• reopening_by_year.csv
• reopening_by_district.csv

Citation

Open Bankruptcy Project (2026). Bankruptcy Reopening Patterns Dataset, v0.1.
501(c)(3) public charity (EIN 41-5159631).
URL: https://viz.openbankruptcyproject.org/reopening/
License: CC BY 4.0