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July Commercial Chapter 11s Increase 52 Percent over Last Year, Total Filings Down 33 Percent

Submitted by jhartgen@abi.org on

Total commercial chapter 11 filings in July 2020 increased 52 percent from the previous year, according to data provided by Epiq. Commercial chapter 11 filings totaled 643 in July 2020, expanding from the July 2019 total of 423. Conversely, total commercial filings decreased 17 percent in July 2020, as the 2,768 filings were down from the 3,314 commercial filings registered in July 2019. The 42,861 total bankruptcy filings in July 2020 were down 33 percent from the 64,345 total filings in July 2019. Total consumer filings decreased 34 percent in July 2020, as the 40,093 filings fell from the 61,031 consumer filings registered in July 2019. “As the government considers renewing or bolstering lifelines to help stabilize the economy, the financial uncertainty due to the COVID-19 pandemic is weighing on families and businesses,” said ABI Executive Director Amy Quackenboss. “We anticipate filings increasing in the next few months as more households and companies seek the shelter of bankruptcy amid intensifying financial distress.”

July Commercial Chapter 11s Increase 52 Percent over Last Year, Total Filings Down 33 Percent

Submitted by jhartgen@abi.org on

Alexandria, Va. Total commercial chapter 11 filings in July 2020 increased 52 percent from the previous year, according to data provided by Epiq. Commercial chapter 11 filings totaled 643 in July 2020, expanding from the July 2019 total of 423. Conversely, total commercial filings decreased 17 percent in July 2020, as the 2,768 filings were down from the 3,314 commercial filings registered in July 2019. The 42,861 total bankruptcy filings in July 2020 were down 33 percent from the 64,345 total filings in July 2019. Total consumer filings decreased 34 percent in July 2020, as the 40,093 filings fell from the 61,031 consumer filings registered in July 2019.

“As the government considers renewing or bolstering lifelines to help stabilize the economy, the financial uncertainty due to the COVID-19 pandemic is weighing on families and businesses,” said ABI Executive Director Amy Quackenboss. “We anticipate filings increasing in the next few months as more households and companies seek the shelter of bankruptcy amid intensifying financial distress.”

Congress is currently considering another economic stimulus package as important aid provisions of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) have or will shortly expire. The weekly unemployment bonus of $600 established by the CARES Act ended on July 31, and the deadline for businesses to apply for a Paycheck Protection Program loan is August 8.

ABI’s COVID-19 Resources website is continually being updated for bankruptcy professionals and the public to access essential information and analysis regarding the financial distress being inflicted by the COVID-19 pandemic. The site features exclusive ABI content on the crisis, weekly filing statistics, recommended member analysis, industry sector news, charts and more. Also, ABI’s SBRA Resources webpage is routinely updated with information, statistics, analysis and events related to the Small Business Reorganization Act of 2019, which went into effect this year to make bankruptcy more accessible, efficient and cheaper for struggling small businesses.

July’s commercial chapter 11 filings represented a 6 percent increase from the 609 filings in June 2020. Total commercial filings were up 2 percent over the June 2020 commercial filing total of 2,713. Total bankruptcy filings in July represented a 1 percent increase over the 42,425 total filings recorded the previous month. Total noncommercial filings for July also represented a 1 percent increase from the June 2020 noncommercial filing total of 39,712.

The average nationwide per capita bankruptcy filing rate in July was 1.89 (total filings per 1,000 per population), a slight decrease from the filing rate of 1.92 during the first six months of 2020. Average total filings per day in July 2020 were 1,948, a 33 percent decrease from the 2,925 total daily filings in July 2019. States with the highest per capita filing rates (total filings per 1,000 population) in July 2020 were:

1. Alabama (4.31)

2. Tennessee (3.75)

3. Delaware (3.70)

4. Mississippi (3.35)

5. Georgia (3.12)

ABI has partnered with Epiq in order to provide the most current bankruptcy filing data for analysts, researchers and members of the news media. Epiq is a leading provider of managed technology for the global legal profession. To view the full monthly statistic tables provided by Epiq, be sure to visit ABI’s Newsroom.

For further information about the statistics or additional requests, please contact ABI Public Affairs Officer John Hartgen at 703-894-5935 or jhartgen@abiworld.org.

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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 11,000 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.

Epiq, a global leader in the legal services industry, 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 www.epiqglobal.com.

 

Bankruptcy Experts Warn a Wave of Filings Could Soon Happen in Texas and Other States

Submitted by jhartgen@abi.org on

So far, the impact of the COVID-19 shutdown during the past six months hasn’t led to an increase in activity in bankruptcy courts, the Fort Worth Star-Telegram/em> reported. There have been a handful of high-profile cases involving insolvent retailers such as JCPenney, Neiman Marcus and Fort Worth-based Pier 1 Imports, but overall the number of filings is significantly down. Personal bankruptcy cases filed January through June are down 16 percent in Texas, and 23 percent nationwide, compared to the same time last year, according to the American Bankruptcy Institute. Among personal bankruptcies, Texans filed 8,060 chapter 7 cases and 5,752 chapter 13 cases so far this year, according to ABI. Chapter 7 allows residents to clear most of their debts (with some exceptions, including student loans), while keeping their home and retirement plan. “The chickens are going to come home to roost, and it’s going to hit hard unless there’s another huge stimulus and people go back to work quickly,” said Reed Allmand, a lawyer who specializes in bankruptcies with offices in Hurst and Dallas. “It’s good news that bankruptcies are down, but I think most people are delaying filing bankruptcy even when they need it. A lot of this is kicking the can down the road.”

East Idaho Man Pleads Guilty to Knowingly and Fraudulently Concealing Assets in a Bankruptcy Proceeding

Submitted by ckanon@abi.org on
Andrew Welch of Idaho pleaded guilty to knowingly and fraudulently concealing assets in a bankruptcy proceeding and agreed to immediately forfeit $25,000 to the U.S., Idaho State Journal reported. He was indicted by a federal grand jury in Pocatello on Aug. 27, 2019. Sentencing is set for Oct. 14, 2020. According to court records, Welch, a former pharmacist, filed a voluntary chapter 7 petition and supporting documents on April 3, 2014, and listed general unsecured debts totaling $273,840.88. Welch, however, signed the petition and supporting documents under the penalty of perjury, falsely stating he did not own any real property and that he only had personal property worth $13,564.60. He knowingly and fraudulently failed to disclose in the bankruptcy petition and supporting documents the transfer of more than $250,000 of his own funds to an investment account held in the name of another individual. Those transfers occurred through cashier’s checks, cash deposits, wire transfers and money orders between September 2012 and January 2015, and Welch made all the transfers to conceal such funds. Welch faces up to five years in federal prison, a maximum fine of $250,000, and one year of supervised release. This case was investigated by the Internal Revenue Service Criminal Investigation.
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