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ABI Journal

Consumer Bankruptcy

Split Brewing on Trustee’s Ability to Use the IRS’ Longer Statute of Limitations

Florida and Idaho Judges Disagree with Fifth Circuit and a New Mexico Judge.

Third Circuit Joins the Majority in the Split Over Late-Filed Tax Returns

Circuit split widens on an issue the Supreme Court has been ducking.

Trustees Don’t Get a Second Bite at the Abandonment Apple

The debtor, not the trustee, can profit from a secured creditor’s mistakes.

A ‘Loan’ Is Not an ‘Educational Benefit,’ Ninth Circuit BAP Holds

BAPCPA amendments on student loans modified the definition of ‘educational benefit.’

Thursday, May 4, 2017
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
Thursday, May 4, 2017
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
Thursday, May 4, 2017
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Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Alexandria, Va. — Total U.S. bankruptcy filings fell nearly 4 percent in April 2017 from the same period in 2016, according to data provided by Epiq Systems, Inc. Bankruptcy filings totaled 67,670 in April, down 3.96 percent from the 70,457 filings reported in April 2016. The 64,323 total noncommercial filings recorded in April 2017 represented a 3.93 percent decrease from the April 2016 total of 66,957. Total commercial filings for April 2017 were 3,303, representing a 5.14 percent decrease from the 3,482 filings during the same period in 2016. Total commercial chapter 11 filings showed the largest change, as the 556 filings in April 2017 represented an 18.24 percent drop from the 680 filings reported in April 2016.

“Bankruptcy filings continue to show volatility month to month and year over year, reflecting household financial pressures,” said ABI Executive Director Samuel J. Gerdano.

For the month of April 2017, the 67,670 total filings represented a 17.08 percent drop from the 81,610 filings recorded in March 2017. April 2017’s 64,323 total noncommercial filings represented a 17.42 percent decrease from the 77,890 noncommercial filings recorded in March 2017. Total commercial filings also fell, with April 2017’s 3,303 total commercial filings representing a 9.7 percent decrease from the March 2017 total of 3,658. Of those commercial filings, chapter 11 filings increased by 18.8 percent, from 468 filings in March 2017 to 556 filings in April 2017.

The average nationwide per capita bankruptcy filing rate in April 2017 was 2.54 (total filings per 1,000 per population), a slight increase from the 2.51 filing rate of the first three months of the year. States with the highest per capita filing rate (total filings per 1,000 population) in April 2017 were:

1. Alabama (5.81)

2. Tennessee (5.65)

3. Georgia (4.73)

4. Mississippi (4.16)

5. Illinois (4.13)

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. 

For further information about the statistics or additional requests, please contact ABI Senior Editor Carolyn Kanon at 703-894-5931 or ckanon@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 more than 12,000 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.abiworld.org. For additional conference information, visit http://www.abi.org/calendar-of-events.

Thursday, May 4, 2017

Two Judges Decline to Extend Harris v. Viegelahn Beyond Its Facts

District judge gives a ray of hope to chapter 13 debtors seeking unclaimed funds.