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Bankruptcy Filings Increase Across All Chapters in March; Commercial Filings Up 79 Percent Year-over-year

Submitted by ckanon@abi.org on

Total filings exceed 40,000 for first time since April 2021

NEW YORK – April 3, 2023 – New bankruptcy filings in March 2023 registered year-over-year increases across all U.S. major filing categories for the third month in a row, according to data provided by Epiq Bankruptcy, the leading provider of U.S. bankruptcy filing data.

A total of 42,368 new bankruptcies were filed in March, up 17 percent from the 36,068 filings registered in March 2022, and marking the highest number of monthly filings since 40,931 bankruptcies were recorded in April 2021.

Year-over-year commercial filings were up 24 percent to 2,305 compared to 1,854 in March 2022. Commercial chapter 11 filings (including subchapter V) increased 79 percent to 548 versus the 306 filings registered the previous year. Of the total commercial chapter 11 filings, the 140 subchapter V filings in March represented a 12 percent increase from the 125 filings in March 2022.

Total individual filings increased 17 percent to 40,063 versus 34,214 in March 2022. Year-over-year individual chapter 7 filings increased 13 percent to 24,467 versus 21,594, and individual chapter 13 filings were up 24 percent to 15,537 versus 12,532 in March of 2022.

“While total filings are up for the third month in a row and exceeded the 40,000 level for the first time in two years, the jump also reflects the historical trend of March consistently being the highest month for filings every year,” said Gregg Morin, Vice President of Business Development and Revenue for Epiq Bankruptcy. 

For the first calendar quarter of 2023 (Jan. 1 through March 31), the 105,433 total bankruptcy filings represented an 18 percent increase from the 89,289 total filings during the same period last year. Consumer filings also increased 18 percent, to 99,700 filings in the first quarter of 2023 from the 84,481 consumer filings during the same period in 2022.

Total overall commercial bankruptcies increased 19 percent in the first quarter of 2023, as the 5,733 filings surpassed the 4,808 commercial filings during the first quarter of 2022. Total commercial chapter 11 filings registered a 77 percent increase to 1,301 during the first quarter of 2023 from the 735 total commercial chapter 11s during the same period in 2022. Subchapter V elections for small businesses increased, as the 371 filings in Q1 2023 were up 33 percent from the 280 filed during Q1 2022. Individual chapter 7 filings during the first quarter 2023 were 57,172, a 12 percent increase over the 51,083 individual chapter 7 filings during the same period of 2022. Individual chapter 13 filings during the first quarter 2023 were 42,364, a 28 percent increase over the 33,189 individual chapter 13 filings in the same period of 2022.

Comparing month-over-month, the 42,368 total filings in March were 33 percent higher than the 31,898 filings recorded in February. Total commercial filings increased 35 percent to 2,305 from the 1,710 filings the month prior. Total commercial chapter 11 filings (including subchapter V) increased 46 percent to 548 from the 375 filed in February. Of the total commercial chapter 11 filings, subchapter V filings increased 18 percent to 140 in March, up from 119 in February.

Total month-over-month individual filings increased 33 percent to 40,063 from 30,188. Individual chapter 7 filings increased 44 percent to 24,467 from 16,988 in February, while individual chapter 13 filings increased 18 percent to 15,537 from the 13,148 filed in February.

“The increase in bankruptcy filings in the first quarter of the year demonstrates the growing debt burdens of both consumers and businesses,” said ABI Executive Director Amy Quackenboss. “As inflationary prices have increased in tandem with the cost of borrowing, struggling companies and households have access to a financial reprieve through the bankruptcy process.”

ABI has partnered with Epiq Bankruptcy to provide the most current bankruptcy filing data for analysts, researchers, and members of the news media. The new bankruptcy filing data will be the focus of an abiLIVE webinar, “Bankruptcy Filing Growth: Will Increases Continue Beyond 1Q 2023?,” at 1 p.m. EDT on Tuesday, April 11. Morin will be joined by Ed Flynn of ABI and Hon. Judith K. Fitzgerald (ret.) to discuss first-quarter filings and what trends might lie ahead for the remainder of 2023. For more information and to register, visit https://www.abi.org/events/bankruptcy-filing-growth-will-increases-continue-beyond-1q-2023.

Epiq Bankruptcy is a division of Epiq and is the leading provider of data, technology, and services for companies operating in the business of bankruptcy. Its Bankruptcy Analytics subscription service provides on-demand access to the industry’s most dynamic bankruptcy data, updated daily. Learn more at https://bankruptcy.epiqglobal.com.

About Epiq

 

Epiq, a global technology-enabled services leader to the legal industry and corporations, takes on large-scale, increasingly complex tasks for corporate counsel, law firms, and business professionals with efficiency, clarity, and confidence. Clients rely on Epiq to streamline the administration of business operations, class action and mass tort, court reporting, eDiscovery, regulatory, compliance, restructuring, and bankruptcy matters. Epiq subject-matter experts and technologies create efficiency through expertise and deliver confidence to high-performing clients around the world. Learn more at https://www.epiqglobal.com.

 

About ABI

 

ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes nearly 10,000 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals, providing a forum for the exchange of ideas and information. For additional information on ABI, visit www.abi.org. For additional conference information, visit http://www.abi.org/calendar-of-events.

Press Contacts

Carrie Trent 

Epiq, Director of Communications 

Carrie.Trent@epiqglobal.com

 

John Hartgen 

ABI, Public Affairs Manager

jhartgen@abi.org

Boy Scouts Insurers Seek to Delay $2.5 Billion Abuse Deal, Bankruptcy Exit

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A group of Boy Scouts' insurers on Friday asked a judge to delay the youth group's exit from bankruptcy to allow them more time to appeal a record-setting $2.46 billion settlement of sexual abuse claims, Reuters reported. More than a dozen insurers, including Liberty Mutual Insurance Co., have said that the Boy Scouts' bankruptcy settlement puts them on the hook for paying "thousands of invalid and questionable claims." U.S. District Judge Richard Andrews in Wilmington, Del., rejected the insurers' initial appeal on Tuesday, finding the settlement was a good faith effort to resolve claims by more than 80,000 men who say they were abused as children by troop leaders. The insurers argued Friday that the Third U.S. Circuit Court of Appeals must weigh in before the Boy Scouts move ahead with a settlement that "may become a template" for handling insurance on other cases involving large numbers of individual plaintiffs. The Boy Scouts have agreed to contribute insurance rights worth up to $4 billion to the settlement fund that will pay abuse claims. Those insurance payments are in addition to the $2.46 billion already contributed to the fund by the Boy Scouts organization, its two largest insurers, and organizations that have chartered Scouting units and activities, including churches. The Boy Scouts settlement, approved in bankruptcy court in September, was supported by 86% of abuse claimants and the Boy Scouts' two largest insurers. The Boy Scouts organization said Friday it would oppose any effort to delay bankruptcy exit.

Carlyle-Owned Natural Gas Plant Business Files for Chapter 11 Bankruptcy

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Cogentrix Lincoln Holdings LLC, an Illinois natural gas plant business owned by Carlyle Group Inc., filed for bankruptcy protection on Friday to get relief from a wholesaler demanding penalties, the WSJ Pro Bankruptcy reported. The company, which generates and sells its energy into wholesale markets run by PJM Interconnection LLC, said it also plans to sue the business partner. Cogentrix Lincoln and first-lien lenders holding more than two-thirds of those loans entered into a restructuring agreement on Thursday that could involve a debt-for-equity swap, as well as a search for a potential buyer for some or all assets, according to filings Friday in the U.S. Bankruptcy Court in Wilmington, Del. Jeff Ingraham, chief operating officer for operator Cogentrix Energy Power Management LLC, told WSJ Pro Bankruptcy that the filing involves only two — Rocky RoadPower LLC and Elgin Energy Center LLC — of the company’s roughly 15 natural gas plants. The plants remain operational and are expected to continue operating throughout the bankruptcy, he said. Cogentrix Lincoln said its financial troubles largely stemmed from winter storm Elliott in late December, when PJM, which serves all or parts of more than a dozen states, called on its members to provide energy for the regional transmission organization to offset the disruption. Two Cogentrix Lincoln plants “failed to meet their performance obligations during the winter storm Elliott,” Justin Pugh, chief restructuring officer, said in a sworn declaration on Friday. As a result, PJM said in February that it would impose penalties totaling $39 million, of which the final invoices are slated to be issued in a week, Pugh said. Cogentrix Lincoln said it has determined that it needs “to file for chapter 11 protection now to obtain a needed breathing spell.”

Johnson & Johnson Unit Loses Bid to Stay in Bankruptcy During Supreme Court Appeal

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A Johnson & Johnson company cannot delay a court order dismissing its bankruptcy, a U.S. court said on Friday, despite the company's planned Supreme Court appeal to use bankruptcy to resolve tens of thousands of lawsuits over its talc products, Reuters reported. J&J sought to use the bankruptcy of its subsidiary company, LTL Management, to halt more than 38,000 lawsuits alleging the company's Baby Powder and other talc products are contaminated with asbestos. J&J maintains its consumer talc products are safe and asbestos-free. The bankruptcy strategy stumbled in January, when the Third U.S. Circuit Court of Appeals based in Philadelphia ruled that neither LTL nor J&J had a legitimate need for bankruptcy protection because they were not in "financial distress." LTL asked the Third Circuit to delay its ruling from taking effect and give the company time to pursue a U.S. Supreme Court appeal. The Third Circuit denied that request in a brief written order on Friday, instead directing a U.S. bankruptcy judge to dismiss LTL's chapter 11 case. LTL has not yet filed a formal petition to the U.S. Supreme Court. The judge overseeing LTL's bankruptcy case, U.S. Bankruptcy Judge Michael Kaplan in Trenton, N.J., said in February that he was prepared to end the bankruptcy and allow talc lawsuits to resume once the Third Circuit issued a formal mandate of its January decision, which it has now done. LTL's bankruptcy put a deluge of talc litigation on hold, including the approximately 38,000 cases that are consolidated in a New Jersey federal court proceeding.

E-Commerce Firm Boxed Inc. Files for Bankruptcy, Eyes Software Unit Sale

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Boxed Inc. filed for chapter 11 bankruptcy protection and was pursuing sale of its software business, the e-commerce grocery platform said on Sunday, adding that it will also wind down its retail operations in the coming weeks, Reuters reported. The plan to sell Spresso, its software-as-a-service business, chimes with the company's announcement last month to explore options to raise capital. "This was an incredibly difficult decision, and one that we reached only after carefully evaluating and exhausting all available options," CEO and co-founder Chieh Huang said in a statement. The company intends to fund its near-term operations and cover administrative expenses through access to its cash collateral as it winds down, Boxed said. Spresso business will be sold to first-lien lenders, and customers would not face service disruptions during the process, the online platform said. The bankruptcy filing comes weeks after Boxed said it held a majority of its cash deposits and other liquid assets in accounts at the collapsed Silicon Valley Bank.

Bed Bath & Beyond Ends Hudson Bay Deal, Turns to Market for $300 Million to Avoid Bankruptcy

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Bed Bath & Beyond Inc. said it will try to sell up to $300 million of common stock in the open market while terminating a fundraising deal with hedge fund Hudson Bay Capital Management LP in the latest effort by the troubled home-goods retailer to stave off bankruptcy, WSJ Pro Bankruptcy reported. The Union, N.J.-based company broke off its equity-raising deal with Hudson Bay after reporting another sharp drop in sales in the most recent quarter. Bed Bath & Beyond also said that if its public offering fails to come through, the company expects to file for bankruptcy protection, likely wiping out holders of its common stock. Shares slumped 26% Thursday to hit an all-time low of 59 cents. The company now has a market capitalization of roughly $70 million. The new low caps a stark reversal from August when a burst of bullish interest from retail investors pushed the stock over $23, reminiscent of the dizzying rallies of other meme stocks like AMC Entertainment Holdings Inc. and GameStop Corp. The company’s hopes of avoiding chapter 11 ride on selling more shares to keep itself afloat as its sales erode and it closes hundreds of stores. New financing is crucial for the company to stock up inventory and pay down debt as it tries to turn around its business, which has deteriorated since consumers reacted poorly to a strategy shift away from brand-name products.

FTX Founder Sam Bankman-Fried Pleads Not Guilty to Latest Federal Charges

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FTX founder Sam Bankman-Fried pleaded not guilty Thursday to new federal charges tied to the collapse of the crypto exchange while his lawyer said he plans to challenge the new criminal counts, arguing they violate the terms of the former chief executive’s extradition, the Wall Street Journal reported. Mr. Bankman-Fried appeared in a New York federal court to be arraigned on five charges that federal prosecutors unveiled in recent indictments, including one this week that alleged he conspired to bribe Chinese government officials in violation of a U.S. anticorruption law. His lawyer Mark Cohen entered the not guilty plea for Mr. Bankman-Fried during the proceeding. The Manhattan U.S. attorney’s office charged Mr. Bankman-Fried in December with eight criminal counts connected to stealing billions of dollars from FTX customers while lying to investors of the company and lenders to his crypto investment firm Alameda Research. Prosecutors have since filed two additional indictments, bringing the total number of criminal counts to 13. The charges range from securities fraud to a bank fraud conspiracy to a campaign-finance violation.

Crypto Bankruptcy Markets Are Thriving After FTX’s Collapse

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Hundreds of thousands of people around the world have been unable to access their funds after turmoil in the crypto industry took down some of its leading players. Along with FTX, crypto lenders Celsius, Voyager Digital, BlockFi, and Genesis Global Capital, as well as hedge fund Three Arrows Capital (3AC), all collapsed, leaving investors — from small traders to financial institutions — at the mercy of bankruptcy proceedings, Wired reported. These collapses, and the difficult situations that investors have found themselves in, have helped drive the growth of digital marketplaces for trading bankruptcy claims, which give speculators willing to wait out the legal cases a chance at large returns and cut-price exposure to crypto. Some, like Open Exchange, which is headed by the former founders of bankrupt hedge fund 3AC, are even trying to tokenize these claims, turning crypto failures into new tokens that holders can either sell off or post as collateral. Some claim holders accuse the marketplaces and buyers of taking advantage of distressed sellers. But with their money locked away, potentially for years, others are having to take the hard decision to sell their claims now for a fraction of their paper value. Buying claims in crypto bankruptcies is seen as a way to invest in crypto at a discount. Although each creditor’s claim is valued in dollars on the date of the bankruptcy filing, not denominated in crypto, the balance sheets of these firms are made up largely of crypto assets. Therefore, if crypto were to appreciate in price, claim holders would receive a greater return. In the case of Mt. Gox, the judge even decided that claim holders should share fully in the rise in crypto prices, meaning they are set to make a return of over 100 percent on their claims when redistribution begins on October 31. However, purchasing claims is not for the faint of heart, says Thomas Braziel, founder of 507 Capital, an investment company that specializes in distressed debt, which holds a large position in the Mt. Gox bankruptcy and others. Not only do creditors sometimes misrepresent the value of their claims, intentionally or otherwise — some people “fib around the edges,” says Braziel — but some claims turn out to be entirely fraudulent. Read more.

Don't miss the "Issues Impacting Unsecured Creditors in Crypto Bankruptcies" session at the Annual Spring Meeting in April. Are you registered?

Bankrupt Medical Packaging Startup on Track for Sale to Oaktree

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Bankrupt startup SiO2 Medical Products Inc. on Thursday received court approval for a $120 million loan, which includes $60 million of new capital, on its way to a planned handover of the business to Oaktree Capital Management LP, WSJ Pro Bankruptcy reported. The Auburn, Ala.-based medical device company filed for chapter 11 bankruptcy protection on Wednesday, facing a liquidity crisis after its unsuccessful capital raise efforts in the past few weeks, SiO2’s lawyer Brian Schartz said at a hearing in the U.S. Bankruptcy Court in Wilmington, Del. Bankruptcy Judge John Dorsey approved the $120 million bankruptcy loan sponsored by top lender Oaktree that will provide the business with $60 million of new capital, with the remaining $60 million to be used to pay back a portion of the debt held by Oaktree before the bankruptcy. Founded in 2012, SiO2 rapidly expanded in the medical device sector by manufacturing vials, syringes and tubes, using its patented materials. The company said it was running out of cash partly because of an ill-fated government contract signed during the pandemic to develop a vial for a COVID-19 vaccine. The 2020 contract granted SiO2 $143 million in funding to build necessary manufacturing facilities, while requiring as much as $128 million in expenditures under a cost-sharing agreement.