28 U.S.C. § 159 : US Code - Section 159: Bankruptcy statistics
Search 28 U.S.C. § 159 : US Code - Section 159: Bankruptcy statistics
(a) The clerk of the district court, or the clerk of the
bankruptcy court if one is certified pursuant to section 156(b) of
this title, shall collect statistics regarding debtors who are
individuals with primarily consumer debts seeking relief under
chapters 7, 11, and 13 of title 11. Those statistics shall be in a
standardized format prescribed by the Director of the
Administrative Office of the United States Courts (referred to in
this section as the "Director").
(b) The Director shall -
(1) compile the statistics referred to in subsection (a);
(2) make the statistics available to the public; and
(3) not later than July 1, 2008, and annually thereafter,
prepare, and submit to Congress a report concerning the
information collected under subsection (a) that contains an
analysis of the information.
(c) The compilation required under subsection (b) shall -
(1) be itemized, by chapter, with respect to title 11;
(2) be presented in the aggregate and for each district; and
(3) include information concerning -
(A) the total assets and total liabilities of the debtors
described in subsection (a), and in each category of assets and
liabilities, as reported in the schedules prescribed pursuant
to section 2075 of this title and filed by debtors;
(B) the current monthly income, average income, and average
expenses of debtors as reported on the schedules and statements
that each such debtor files under sections 521 and 1322 of
title 11;
(C) the aggregate amount of debt discharged in cases filed
during the reporting period, determined as the difference
between the total amount of debt and obligations of a debtor
reported on the schedules and the amount of such debt reported
in categories which are predominantly nondischargeable;
(D) the average period of time between the date of the filing
of the petition and the closing of the case for cases closed
during the reporting period;
(E) for cases closed during the reporting period -
(i) the number of cases in which a reaffirmation agreement
was filed; and
(ii)(I) the total number of reaffirmation agreements filed;
(II) of those cases in which a reaffirmation agreement was
filed, the number of cases in which the debtor was not
represented by an attorney; and
(III) of those cases in which a reaffirmation agreement was
filed, the number of cases in which the reaffirmation
agreement was approved by the court;
(F) with respect to cases filed under chapter 13 of title 11,
for the reporting period -
(i)(I) the number of cases in which a final order was
entered determining the value of property securing a claim in
an amount less than the amount of the claim; and
(II) the number of final orders entered determining the
value of property securing a claim;
(ii) the number of cases dismissed, the number of cases
dismissed for failure to make payments under the plan, the
number of cases refiled after dismissal, and the number of
cases in which the plan was completed, separately itemized
with respect to the number of modifications made before
completion of the plan, if any; and
(iii) the number of cases in which the debtor filed another
case during the 6-year period preceding the filing;
(G) the number of cases in which creditors were fined for
misconduct and any amount of punitive damages awarded by the
court for creditor misconduct; and
(H) the number of cases in which sanctions under rule 9011 of
the Federal Rules of Bankruptcy Procedure were imposed against
debtor's attorney or damages awarded under such Rule.