PACER Docket Data Is Public
Every document filed in a federal bankruptcy case is logged in PACER -- the Public Access to Court Electronic Records system maintained by the federal judiciary. This includes petitions, motions, responses, orders, and hearing notices.
What most consumers do not realize is that you can search PACER by attorney name. This means you can see every bankruptcy case your attorney has handled in a given federal district, how many motions were filed against their clients, and -- critically -- how many of those motions they actually responded to.
How to access PACER: Register for a free account at pacer.uscourts.gov. Searches cost $0.10 per page, capped at $3.00 per document. Basic case header information is free.
What Is a Motion Response Rate?
When a creditor wants to repossess your car, foreclose on your home, or take other action against you during bankruptcy, they must file a motion with the court. Your attorney's job is to review that motion and, when appropriate, file a response defending your interests.
The motion response rate is the percentage of creditor motions that an attorney responds to across all their cases. It is one of the most revealing metrics of attorney performance because it measures whether the attorney is actually showing up to fight.
Why This Matters
- Unopposed motions are usually granted. If a creditor files a motion for relief from stay and your attorney files no response, the court typically grants it by default.
- A response can buy time. Even if the creditor's motion has merit, a response can negotiate terms, request adequate protection payments, or buy you weeks to find alternative arrangements.
- Patterns reveal priorities. An attorney who never responds to motions across hundreds of cases is not making case-by-case strategic decisions -- they are systematically neglecting client interests.
The Benchmark: What Good Looks Like
Not every creditor motion requires a response. Some are procedural or uncontested. But a responsible bankruptcy attorney should be responding to a significant percentage of substantive creditor motions -- particularly motions for Automatic Stay -- Open Bankruptcy Project" target="_blank" rel="noopener">Automatic Stay -- Open Bankruptcy Project" target="_blank" rel="noopener">Automatic Stay -- Open Bankruptcy Project" target="_blank" rel="noopener">Automatic Stay -- Open Bankruptcy Project" target="_blank" rel="noopener">relief from stay that threaten a client's home or vehicle.
| Response Rate | What It Suggests |
|---|---|
| 50-70%+ | Attorney is actively evaluating and responding to creditor motions |
| 30-50% | Some cases may be falling through the cracks |
| Below 20% | Serious red flag -- clients' rights may not be defended |
Real data: In one analysis of publicly available PACER records, a firm responded to just 30 of 309 creditor motions -- a response rate of 9.7%. That means roughly 90% of the time a creditor moved against one of their clients, no one showed up to defend the client's interests.
How to Check Your Attorney: Step by Step
- Create a PACER account at pacer.uscourts.gov (free to register)
- Search by attorney name in the relevant bankruptcy court
- Open several recent cases and review the docket entries
- Look for creditor motions -- entries like "Motion for Relief from Stay" or "Motion to Dismiss"
- Check whether your attorney filed responses -- look for "Response" or "Objection" entries filed by debtor's counsel within 14-21 days of the motion
- Count the ratio -- how many motions, how many responses?
- Check case outcomes -- how many cases ended in discharge versus dismissal?
Tip: You do not need to check every case. A sample of 20-30 recent cases will give you a statistically meaningful picture of your attorney's responsiveness.
Other Red Flags in PACER Data
- High case volume with few filings per case -- If an attorney files 300+ cases per year but averages only 3-4 docket entries per case, they may not be doing the work required
- Dismissal rate above the district average -- Every district has an average Chapter 13 dismissal rate (nationally around 33%). An attorney whose rate is significantly higher is underperforming
- No appearances at hearings -- Docket entries show who appeared. If your attorney consistently sends associates or no one at all, that is a concern
- Repeated default notices -- If the same creditor files multiple default notices in one case, it may mean the attorney is not communicating with the client about plan payments
- Pattern of late filings -- Look at timestamps. Are schedules and plans filed at the last possible minute or past deadlines?
Free Tools for Checking Attorneys
- 1328f.com Screener -- Free bankruptcy discharge eligibility screener powered by FJC data covering 4.9 million cases
- 1328f.org Research Platform -- Bankruptcy research and analysis from publicly available court data
- Open Bankruptcy Project -- Free, open-source bankruptcy research and tools
- State bar websites -- Free attorney discipline history lookup (search "[your state] bar attorney search")
- CourtListener / RECAP -- Free archive of federal court records donated by researchers and attorneys
What to Do If the Data Looks Bad
- Ask your attorney directly. Share what you found and ask for an explanation. There may be legitimate reasons for some patterns.
- Request your case file. Under most state rules of professional conduct, you are entitled to a copy of your complete case file.
- Check for a pattern. One missed response is human. A pattern across dozens or hundreds of cases is systemic.
- File a bar complaint if the data shows a pattern of neglect. This is free and can be done online in most states. Learn more at our bar complaints guide.
- Consider a Section 329 fee review. If you paid fees and the work was not performed, any party in interest can ask the bankruptcy court to review and order disgorgement. See section329.org.
- Find new counsel. If you are still in an active case, consult a different bankruptcy attorney. See our finding help guide.