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ABI Journal

Business Reorganization

Sex Abuse Victims to Have a Private Conference with the Judge and the Catholic Bishop

Bankruptcy Judge Christopher Klein said it was ‘nonsense’ to argue that ‘a Bankruptcy Court lacks authority to permit survivor statements to be made to the Court and to the Bishop.’

Opt-Out Plan Confirmed with Impaired Creditors Almost Unanimous in Support

In the Spirit Airlines reorganization, no creditors with an economic interest had opposed confirmation of a plan with opt-out releases for nondebtors.

District Court Doesn’t Say Whether ‘Person Aggrieved’ Survived Truck Insurance

District court upholds an ‘opt-out’ chapter 11 plan with releases for nondebtors.

For Fraudulent Transfers, Retailers Needn’t Police Who Receives Value from the Purchase

Judge Peter Henderson declined to adopt an interpretation of Section 548 that would turn innocent retailers into recipients of fraudulent transfers when someone buys goods but turns the goods over to someone else.

Bankruptcy Judge Rejects a District Court’s Narrow View of Sales Free and Clear

New York’s Judge Philip Bentley interpreted Section 363(f)(5) to permit a sale free and clear whenever a creditor could conduct a foreclosure or a UCC sale.

Ciara L. Rogers: A Legacy of Service, Empathy and Entrepreneurial Spirit

Editor’s Note: In honor of Black History Month, the Business Reorganization Committee interviewed Ciara Rogers, a partner with Waldrep Wall Babcock & Bailey, PLLC in Raleigh, N.C.

Ciara Rogers

Challenges and Successes of a Liquidating Trustee

In 2022, following a downturn in travel related to the COVID-19 pandemic, a regional airline filed for bankruptcy in Delaware. In the following months, pursuant to the plan, Chris Tierney was appointed as liquidating trustee, and Steven Jackson was brought in to handle the day-to-day operations. Over the next two years, we worked through many challenges and ultimately made our final distributions to creditors at the end of 2024.

Claim Isn’t Disallowed if the ‘Statute’ Lapses After the Claim Is Filed, Third Circuit Says

The Third Circuit upheld Bankruptcy Judge Goldblatt of Delaware where the answer was self-evident but there was no controlling authority.

Student Loans for a Professional Degree Weren’t Business Debts to Qualify for Sub V

The Ninth Circuit didn’t completely close the door to a finding in another case that student loans for a professional degree could be business debts making the debtor eligible for Subchapter V of chapter 11.

February Commercial Chapter 11s Decrease 42 Percent

Total Bankruptcy Filings Increase 3 Percent

NEW YORK/ALEXANDRIA – March 4, 2025 Commercial chapter 11 bankruptcy filings decreased 42 percent in February 2025, with the 481 filings declining from the 826 filings in February 2024, according to data provided by Epiq AACER, the leading provider of U.S. bankruptcy filing data. Last February’s commercial chapter 11 total was elevated by the related filings of two sizeable commercial chapter 11 proceedings. Additionally, there was one less business day in February 2025 compared to last year due to the leap year taking place in 2024.

Total February commercial filings decreased 16 percent to 2,152 from the 2,576 commercial filings in February 2024. Small business filings, captured as subchapter V elections within chapter 11, declined 12 percent in February 2025 to 176, down from 201 the previous year.

“The overall filing volume trend waned in February, primarily due to fewer filing days and a typical trend of filings after tax return season,” said Michael Hunter, Vice President of Epiq AACER. “The availability and increased utilization of home equity has enabled homeowners to leverage that value to temporarily offset higher living costs. I expect a continued trend of increased filings through the spring and summer months primarily due to continued increases in living costs, debt accumulation, relatively flat household income growth, and influences related to regulatory change.”

Total bankruptcy filings were 40,260 in February 2025, a 3 percent increase from the February 2024 total of 39,034. Individual bankruptcy filings increased 5 percent in February to 38,108, up from the February 2024 individual filing total of 36,458. There were 22,899 individual chapter 7 filings in February 2025, an 8 percent increase over the 21,151 filings recorded in February 2024. Conversely, there were 15,128 individual chapter 13 filings in February 2025, a 1 percent decrease from the 15,247 filings last February.

“Inflation, elevated interest rates, tighter lending terms and geopolitical tensions are creating more challenges for distressed consumers and businesses looking to alleviate their growing debt loads,” said ABI Executive Director Amy Quackenboss. “Bankruptcy provides an established process for struggling households and businesses looking to access a financial fresh start.”

ABI has partnered with Epiq Bankruptcy to provide the most current bankruptcy filing data for analysts, researchers, and members of the news media. Epiq Bankruptcy 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/analytics.

About Epiq

Epiq is a leading legal and compliance services platform integrating people, process, and technology. Through this combination of innovative technology, legal and business expertise, and comprehensive solutions, Epiq drives efficiency in large-scale and increasingly complex tasks. High-performing clients around the world rely on Epiq to streamline the administration of business, settlement administration, legal, and compliance operations to solve immediate challenges and provide scalable ongoing support to transform the enterprise. Learn more at 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.