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Total April Bankruptcy Filings Increase 2 Percent over Last Year, Commercial Chapter 11s Increase 11 Percent

Submitted by jhartgen@abi.org on Mon, 2019-05-06 14:14

Alexandria, Va.— Total U.S. bankruptcy filings increased 2 percent in April 2019 over April of last year, according to data provided by Epiq Systems, Inc. Bankruptcy filings totaled 71,260 in April 2019, up from the April 2018 total of 69,781. The 67,817 consumer bankruptcy filings in April 2019 were also up 2 percent over the April 2018 consumer total of 66,510. Total commercial filings increased 5 percent in April 2019, as the 3,443 filings were up from the 3,271 commercial filings registered in April 2018. Total commercial chapter 11 filings increased 11 percent to 440 in April 2019 from the April 2018 total of 395.

“The costs of accessing the promised fresh start of bankruptcy add another challenge to families and businesses struggling with heavy debt burdens,” said ABI Executive Director Samuel J. Gerdano. “ABI’s Chapter 11 Reform Commission and Commission on Consumer Bankruptcy have released recommendations to modernize the Bankruptcy Code to provide better access to struggling households and businesses seeking a financial fresh start.”

Both the Senate and House are considering the recommendations of ABI's Commission to Study the Reform of Chapter 11 for restructuring small and medium-sized enterprises (SMEs). ABI’s Commission on Consumer Bankruptcy last month issued its Final Report of recommendations to improve access to the consumer bankruptcy system. Click here to get your copy.

Meanwhile, soaring bankruptcies in the farm belt could benefit from legislation (S. 897, H.R. 2336) that would raise debt limits in chapter 12.

April’s commercial filing total represented a 5 percent increase from the March 2019 commercial filing total of 3,292. Total bankruptcy filings for the month of April, however, decreased 3 percent when compared to the 73,500 total filings recorded the previous month. Total noncommercial filings for April also represented a 3 percent decrease from the March 2019 noncommercial filing total of 70,208. Commercial chapter 11 filings fell 2 percent from the 448 filings in March 2019.

The average nationwide per capita bankruptcy filing rate in April was 2.50 (total filings per 1,000 per population), a slight increase from the 2.42 filing rate during the first three months of the year. Average total filings per day in April 2019 were 3,239, a 3 percent decrease from the 3,323 total daily filings in April 2018. States with the highest per capita filing rates (total filings per 1,000 population) in April 2019 were:

1. Alabama (5.65)

2. Tennessee (5.42)

3. Mississippi (4.40)

4. Georgia (4.26)

5. Illinois (3.83)

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

For further information about the statistics or additional requests, please contact ABI Public Affairs Manager 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 Systems is a leading provider of managed technology for the global legal profession. Epiq Systems offers innovative technology solutions for electronic discovery, document review, legal notification, claims administration and controlled disbursement of funds. Epiq System’s clients include leading law firms, corporate legal departments, bankruptcy trustees, government agencies, mortgage processors, financial institutions, and other professional advisors who require innovative technology, responsive service and deep subject-matter expertise. For more information on Epiq Systems, Inc., please visit http://www.epiqsystems.com.

Article Tags

Consumer Bankruptcy

Business Reorganization

Monday, May 6, 2019 - 12:00

Ninth Circuit Uses a Technicality to Keep a ‘Marijuana’ Case Alive

If a ‘marijuana’ case dodges a motion to dismiss, objecting to confirmation is too late, the Ninth Circuit says.

Judge Name - Do not use it.

Margaret McKeown

Freezing a Chapter 7 Debtor’s Bank Account Doesn’t Violate the Automatic Stay

SDNY opinion seems to mean that a bank may freeze a debtor’s entire bank account at filing, without violating the automatic stay.

Judge Name - Do not use it.

Kenneth M. Karas

U.S. Says Employee at Cannabis Staffing Agency Can’t Use Bankruptcy

Submitted by jhartgen@abi.org on Wed, 2019-05-01 09:04

The Justice Department says an Oregon woman can’t use bankruptcy because she works for a staffing agency that recruits employees for the cannabis industry, part of a broader department policy imposing the federal pot ban on individuals whose income is tied to commercial marijuana, the WSJ Pro Bankruptcy reported. The U.S. trustee, a Justice Department bankruptcy monitor, said in papers filed in the U.S. Bankruptcy Court in Portland that chapter 13 filer Holly Christine Adair is violating the federal law outlawing marijuana because the agency she works for, GreenForce Staffing, is paid to place prospective employees at cannabis businesses. The U.S. Trustee Program is a Justice Department unit that polices the nation’s bankruptcy courts. A lawyer for Acting U.S. Trustee Gregory Garvin, whose region includes Oregon, Washington and other northwestern states, made the argument in a motion to dismiss Adair’s chapter 13 case, which she filed in January. Adair sought bankruptcy protection primarily to prevent a bank from foreclosing on her home, said her lawyer, Darin Wisehart. Adair isn’t producing or selling marijuana, but “her activities violate the [Controlled Substances Act] because she is assisting businesses that violate the CSA on an ongoing basis,” Garvin said. Although many states — including Oregon — have legalized adult use and sale of marijuana, pot remains illegal under federal law, which includes bankruptcy.

Article Tags

Court Administration

Consumer Bankruptcy

Consumer Debt

Former Victoria’s Secret Model Files for Bankruptcy

Submitted by jhartgen@abi.org on Wed, 2019-05-01 08:59

Former Victoria’s Secret Angel model Erin Heatherton has filed for bankruptcy, Miami.com reported. Court documents show that the six foot tall model said her average monthly income is $1,089.91 but her expenses are $1,074. She listed only $919 in her checking account. The 30-year-old has fallen on hard times in her industry since 2017, when she made $226,596. The Illinois native listed her income as $18,000 in 2018, and just $2,820 so far this year. Her court documents show she currently owes a $215,601.49 on three separate credit cards, as well as $100,000 from a lawsuit with a former business partner and $41,000 in back taxes to the State of New York. Heatherton, an ex-girlfriend of Leonardo DiCaprio, was discovered during a vacation to Miami when she was 17, she told the Miami Herald during a 2012 interview.

Article Tags

Consumer Bankruptcy

Consumer Debt