U.S. Code » Title 28 » Part PART I— ORGANIZATION OF COURTS › Chapter CHAPTER 6— BANKRUPTCY JUDGES

28 U.S.C. § 159

Bankruptcy statistics

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(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 the debtor’s attorney or damages awarded under such Rule.(Added Pub. L. 109–8, title VI, § 601(a), Apr. 20, 2005, 119 Stat. 119; amended Pub. L. 111–327, § 2(c)(2), Dec. 22, 2010, 124 Stat. 3563.)Editorial NotesReferences in Text

The Federal Rules of Bankruptcy Procedure, referred to in subsec. (c)(3)(H), are set out in the Appendix to Title 11, Bankruptcy.

Amendments

2010—Subsec. (c)(3)(H). Pub. L. 111–327 inserted “the” after “against”.

Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 109–8, title VI, § 601(c), Apr. 20, 2005, 119 Stat. 120, provided that: “The amendments made by this section [enacting this section] shall take effect 18 months after the date of enactment of this Act [Apr. 20, 2005].”

Notes of Decisions
Cited in 13 cases, 1983–2020 · leading case: Stanwyck v. United States
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Stanwyck v. United States (2016) uscfc “Code; 28 U.S.C. §§ 159 , 583, 586, and 1930; the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.”
In Re McCormick (2008) nysb · cites it 2× “Debtor did not fill out the scheduled titled “Statistical Summary of Certain Liabilities and Related Data ( 28 U.S.C. § 159 )” and instead indicated that his debts were not primarily consumer.”
Bernhardt v. Radloff (In Re Radloff) (2009) mnb · cites it 2× “Bernhardt’s last contention stems from the fact that the Debtor did not file an amended Form 6, “Statistical Summary of Certain Liabilities and Related Data ( 28 U.S.C. § 159 ),” with the amended schedules that he filed on December 2, 2008.”
Juniper Development Group v. Kahn (In Re Hemingway Transport, Inc.) (1987) mab “1986); see 28 U.S.C. § 159 (d). In the instant case, the Debtor may well have incurred the potential for liability prepetition.”
Country World Casinos, Inc. v. Tommyknocker Casino Corp. (1999) ca10 “Our jurisdiction arises under 28 U.S.C. §§ 159 (d) and 1291, and we affirm in part and reverse in part.”
Lunkes v. Gecker Ex Rel. Bankruptcy Estate of Lunkes (2010) ilnd “The Debtors make that same argument on appeal. STANDARD OF REVIEW This Court has jurisdiction to review final bankruptcy court decisions.”
Randall v. Haddad (In re Haddad) (2011) mab “Following the initial meeting, the Debtor filed a “Statistical Summary of Certain Liabilities and Related Data ( 28 U.S.C. § 159 ),” in which she indicated that her debts were not primarily consumer debts, and her Chapter 7 Individual Debt- or’s Statement of Intention, which…”
Foster v. Bowman Transportation Co. (1983) alnd “In the instant case this Court has already found as a fact that Local 13600 was guilty both of bad faith and of arbitrary conduct in the manner in which it processed or failed to process Foster’s grievance, and thus breached its statutory fiduciary obligation under 28 U.S.C. §…”
Operative Plasterers' & Cement Masons' International Ass'n of the United States & Canada v. Jordan Interiors, Inc. (2010) dcd “See 28 U.S.C. § 159 ; Ass’n’s Opp’n. at 17 (acknowledging that the National Labor Relation Board’s certification of the Southwest Regional Counsel gave the Southwest Regional Counsel exclusive bargaining rights in regard to Jordan Interiors’ employees).”
Tedde R. Blunck v. Cathy A. Blunck (2015) texapp · cites it 2× “13-20129 Chapter 13 STATISTICAL SUMMARY OF CERTAIN LIABILITIES AND RELATED DATA { 28 U.S.C. § 159 ) If you are an individual debtor whose debts are primarily consumer debts, as defined in§ 101(8) of the Bankruptcy Code (11 U.”
in Re State of Texas (2015) texapp · cites it 2× “12-12842 Chapter 13 STATISTICAL SUMMARY OF CERTAIN LIABILITIES AND RELATED DATA ( 28 U.S.C. § 159 ) If you are an individual debtor whose debts are primarily consumer debts, as defined in§ 101 (8) of the Bankruptcy Code ( 11 U.”
The Legacy Agency, Inc. v. Scoffield (2020) nysd “MLBPA is the exclusive representative of Players in Major League Baseball (“MLB”) under section 9 of the National Labor Relations Act (“NLRA”), 28 U.S.C. § 159 (a). MLBPA has delegated a portion of its exclusive representational authority to Agents that it certifies and…”
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