Direct mail guide for dismissed Chapter 13 cases

A practical playbook for consumer bankruptcy attorneys. Updated November 2026.

Why mail dismissed Chapter 13 debtors

When a Chapter 13 case is dismissed, the automatic stay ends and creditors can restart foreclosure, repossession and garnishment. Many dismissed debtors refile or convert to Chapter 7, and they're looking for a clear next step. A short, respectful letter that arrives soon after dismissal puts your firm in front of them before anyone else. Targeted, truthful direct mail by lawyers is constitutionally protected (Shapero v. Kentucky Bar Ass'n, 486 U.S. 466 (1988)), but your state can regulate how you do it.

The campaign in seven steps

1. Check your state's rules first. Look up your state's version of Rule 7.3 (solicitation) and its advertising rules. Common requirements: an "Advertising Material" label on the envelope and the letter, a statement of how you got the person's information, filing a copy with the bar before or when you mail (Florida, for example, requires filing in advance), and keeping copies for a set period.
2. Scrub the list. Each record includes the case number and dismissal date. Check PACER for a new filing before you mail, and remove anyone who already refiled with other counsel. Your mail house can also run the list through USPS change-of-address (NCOA) to catch moves.
3. Personalize the sample letter below. Put it on your letterhead with your office address, sign it as a named attorney, and only make claims you can back up (years in practice, number of cases, fees).
4. Use a sealed envelope that reveals nothing. Send a letter in a closed envelope, not a postcard, so the recipient's legal situation stays private. Keep the outside plain: your firm name and return address, plus any label your state requires. Don't mention bankruptcy, debt or the recipient's case on the outside.
5. Send it through a mail house or online print-and-mail service. Upload the Excel file and your letter; they merge, print, fold, stamp and mail. Ask for a per-piece price that includes printing and postage, and a proof before anything goes out.
6. Mail fast, then follow up. Mail within a few days of receiving each month's list, because the newest dismissals are the most responsive. Plan two or three letters, two to three weeks apart, to anyone who hasn't contacted you.
7. Track every response. Use a dedicated phone number or a short web address just for this mailing, and log calls, consultations and retained clients by month. That tells you your cost per retained client and which districts work best.

Sample letter

Highlighted text is yours to fill in. Copy letter text

The last line is the statement 11 U.S.C. §528 requires in bankruptcy-assistance advertising, which must also make clear that the services relate to bankruptcy relief.

What works, from clients who mail these lists

• Mail every month, to each name, for several months. One long-time client mails each name once a month for up to six months and says consistency is what produces results.
• Expect few calls, but serious ones. The same client describes response as "extremely low" and conversion as "extremely high." Judge the campaign by retained clients, not call volume.
• Answer the phone live. Calls can be days apart. When one comes in, a person, not voicemail, should pick up.
• Make it look personal. A real envelope, a real stamp and a handwritten-style name or P.S. get the letter opened. Many print-and-mail services offer a handwritten font.
• Give a fast way to respond. A phone number in large type, a QR code to your booking page and a short P.S. are the parts most people read first.

Compliance checklist

• "Advertising Material" (or your state's exact wording) on the envelope and the letter, if your state requires it
• Envelope outside shows nothing about bankruptcy, debt or the recipient's case
• States how you got the recipient's information (public court records)
• Names a responsible attorney and your office address
• Includes the §528 debt relief agency statement and makes clear the services relate to bankruptcy relief
• Every claim (experience, results, fees) is true and verifiable; no guarantees
• Filed with your state bar, if your state requires it, and on time
• Recipients who already refiled with other counsel are removed
• A copy of the letter and the mailing list kept for your state's retention period
• Anyone who asks not to be contacted is removed from future mailings

What results look like

Response depends on your district, your letter, your follow-up and how quickly you answer the phone. The number to watch is cost per retained client: with a Chapter 13 fee of $3,000–$4,500, one retained client typically covers months of list service plus postage.

Get the list

Monthly Chapter 13 dismissals for any federal bankruptcy district, as an Excel file ready for your mail house. Every subscription includes an editable copy of this letter and checklist.