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Congress Nears Deal on Billions in Coronavirus Aid

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Lawmakers say they are close to an agreement to provide billions in new coronavirus relief, set to be tied to a massive government funding bill, The Hill reported. Congress is expected to include at least $15 billion in response to the Biden administration's request for new funding for COVID-19 vaccines, treatments and testing. Getting a deal on the funds would remove a significant hurdle for passing a government funding bill by Friday night, when lawmakers have to pass legislation or spark a shutdown. Sen. Roy Blunt (R-Mo.), who has been involved in drafting the bill, said that they were drafting it to include $15 billion. But that number isn’t locked in, with leadership debating adding more money. Sen. John Thune (S.D.), the No. 2 Senate Republican, appeared skeptical that it would balloon to $22.5 billion, noting that it wasn’t currently “trending” in that direction. “I don’t think the number is going to get that high, but then it could,” he said. Republicans had balked last week over the administration’s request for $22.5 billion, which Democrats had wanted to be emergency spending, meaning it wouldn’t have to be paid for. But lawmakers and two leadership aides told The Hill on Monday that they had reached an agreement for the coronavirus funding to be paid for. Thune pointed to unspent state and local government funds that were included in previous coronavirus relief measures as a source for much of the new money in the omnibus bill.

House Financial Services Committee Hearing Set to Examine Corporate Profiteering, Supply Chain Bottlenecks and COVID-19

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The House Financial Services Committee will hold a hearing today titled "The Inflation Equation: Corporate Profiteering, Supply Chain Bottlenecks, and COVID-19." To view the witness list and access a link to the live webcast of the hearing, please click here.

U.S. Consumer Borrowing Increases, But at a Slower Pace Than Last Year

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U.S. consumer borrowing rose in January at the slowest pace in a year as households paid down credit-card balances that swelled during the holiday-shopping season, Bloomberg News reported. Total credit increased $6.8 billion from the prior month after a revised $22.4 billion gain in December, Federal Reserve figures showed Monday. On an annualized basis, borrowing rose 1.9%. Revolving credit outstanding, which includes credit cards, fell $218.7 million, the first decline since April. Two months earlier, revolving credit jumped a record $21 billion. Non-revolving credit, which includes auto and school loans, rose $7.1 billion.

Fast Pace of Real Estate M&A Activity Seen Cooling This Year

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Publicly traded real-estate investors in the U.S. enjoyed a record-breaking year for mergers in 2021, but the war in Ukraine and soaring inflation threaten to slow that deal making in the second half of the year, the Wall Street Journal reported. Real-estate investment trust mergers and acquisitions as well as stock mergers totaled $140 billion last year, an all-time high, according to Jones Lang LaSalle, a professional services company specializing in commercial real estate. Activity was powered by pent-up demand and real estate’s strong performance across most sectors, said Sheheryar Hafeez, managing director for capital markets at JLL. Larger deals helped drive the big overall volume number last year, with the average transaction size reaching $7 billion in 2021, compared with the average deal size of $3.6 billion over the prior decade, according to JLL. In one larger-than-average transaction, Vici Properties Inc. agreed to buy MGM Growth Properties in a $17.2 billion deal, including debt. Blackstone Inc. and Starwood Capital Group acquired hotel owner and operator Extended Stay America Inc. for $6 billion, the biggest lodging transaction last year.

Puerto Rico to Drop Mask, Occupancy Rules as Covid Cases Fall

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Two years after adopting some of the strictest COVID-19 measures of any U.S. jurisdiction, Puerto Rico is eliminating most of its restrictions amid falling infection rates and an aggressive vaccine campaign, Bloomberg News reported. Masks will no longer be required outdoors or indoors except in hospitals and at nursing homes, Governor Pedro Pierluisi said during a press conference Monday. In addition, all occupancy restrictions — including those on restaurants, bars and theaters — will be dropped. Events of 1,000 people or more, however, will still be required to follow special guidelines. Visitors from the U.S. mainland will no longer have to fill out a health declaration form upon arrival. The U.S. territory of 3.3 million took aggressive steps to stop the spread of COVID-19, imposing curfews, shuttering bars and restaurants, and adopting strict masking policies in March, 2020, before most U.S. states. Health Secretary Carlos Mellado said 83% of the population has been vaccinated, 53% has had a booster shot and that — between the vaccinated and those who have recovered from COVID-19 — a full 91% of the population has antibodies to the virus. Even so, Pierluisi warned that “the pandemic is not over” and that he would reimpose restrictions if officials detect a rise in cases.

February Total Bankruptcy Filings Increase 3 Percent from Last Month, Commercial Chapter 11s Decrease 10 Percent

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Alexandria, Va. Total bankruptcy filings for February increased 3 percent over January, according to data provided by Epiq. Total filings in February were 26,985, up slightly from the January filing total of 26,200. The total noncommercial filings of 25,565 for February increased 4 percent from the January noncommercial filing total of 24,695. Conversely, February’s commercial filing total of 1,420 represented a 6 percent decrease from the January commercial filing total of 1,505. Commercial chapter 11 filings totaled 203 in February 2022, a 10 percent decrease from the 225 filings recorded the previous month.

“With government stabilization programs and lender deferments tapering off, consumers and businesses are navigating an economic landscape that includes rising inflation, worker shortages and growing supply chain challenges,” said ABI Executive Director Amy Quackenboss. “Congressional consideration of extending or permanently making the expanded eligibility limit of small businesses electing to file for subchapter V under chapter 11 before it expires on March 27 would provide a reliable path for small businesses to successfully restructure, reduce liquidations and save jobs.”

Since the Small Business Reorganization Act of 2019 (SBRA) became effective on February 19, 2020, to provide Main Street business debtors with a more streamlined path for restructuring their debts, more than 3,000 debtors have elected to file under subchapter V of chapter 11. In response to the economic distress caused by the COVID-19 coronavirus pandemic, the “Coronavirus Aid, Relief, and Economic Security Act” (CARES Act; P.L. 116-136) was enacted on March 27, 2020, increasing the debt eligibility limit for small businesses looking to file under the SBRA’s subchapter V from $2,725,625 to $7,500,000. Congress extended the limit last year with the enactment of the “COVID-19 Bankruptcy Relief Extension Act of 2021,” but the threshold is set return to $2,725,625 on March 27, 2022, without further congressional action.

ABI’s Annual Spring Meeting, taking place on April 28-30 in Washington, D.C., will feature top bankruptcy experts examining key insolvency trends, including the “Texas Two-Step” strategy, subchapter V developments, senior care facilities in distress and more. For more information and to register, please click here.

Total, consumer and business filings continued their decline in February 2022 compared to last year, according to Epiq’s data. February’s filing total represented a 14 percent decrease from the February 2021 filing total of 31,221. Consumer filings decreased 13 percent, falling to 25,565 in February 2022 from the 29,256 total recorded in February 2021. The 1,420 commercial filings in February 2022 were 28 percent less than the 1,965 registered in February 2021. Commercial chapter 11 filings in February 2022 totaled 203, a 52 percent drop from the 420 commercial chapter 11 filings in February 2021.

The average nationwide per capita bankruptcy filing rate (total filings per 1,000 population) was 1.03 for February, a decrease from the 1.25 rate registered in January. The average daily filing total in February 2022 was 1,420, a 14 percent decrease from the 1,643 total daily filings registered in February 2021. States with the highest per capita filing rates (total filings per 1,000 population) in February 2022 were:

1. Alabama (2.94)

2. Tennessee (2.35)

3. Georgia (2.17)

4. Mississippi (1.99)

5. Nevada (1.83)

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

Epiq is a leading provider of managed technology for the global legal profession. Epiq offers innovative technology solutions for electronic discovery, document review, legal notification, claims administration and controlled disbursement of funds. Epiq’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, please visit https://www.epiqglobal.com/en-us.

Economy Adds Solid 678K Jobs in February, Unemployment Dips to 3.8 Percent

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The U.S. added 678,000 jobs and the unemployment rate dropped to 3.8 percent in February, according to data released Friday by the Labor Department, The Hill reported. Unprecedented demand for workers and resilient consumer spending helped power another strong month of job growth in February. Economists expected the U.S. to add roughly 400,000 jobs last month, far less than the actual haul in the February jobs report, and push the jobless rate to 3.9 percent. The Bureau of Labor Statistics (BLS) said the U.S. saw “widespread” job growth in February led by a surge in service sector hiring — a promising sign for industries still recovering from the onset of the pandemic. Leisure and hospitality employment rose by 179,000 jobs in February, led by a gain of 124,000 jobs in restaurants and bars. Professional and business services added 95,000 jobs, the health care sector added 64,000 jobs and construction employment rose by 60,000 after staying flat in January. Transportation and warehousing employment rose by 48,000 in February, and retail trade employment rose by 37,000. The BLS also revised the December and January job gains up by a combined 92,000 jobs.

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Bankruptcy Judge Approves Former Ann Taylor Owner's Revised Ch. 11 Plan

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Ann Taylor’s former owner has obtained bankruptcy court approval for its revised reorganization plan after a judge rejected certain legal protections for people and entities connected to the company contained in an earlier version of the plan, Reuters reported. U.S. Bankruptcy Judge Frank Santoro of the Eastern District of Virginia signed off on Mahwah Bergen Retail Group Inc.’s amended plan during a brief hearing on Thursday. Mahwah, formerly known as Ascena Retail Group, had secured approval of its prior plan last year but was forced to return to bankruptcy court in January after the plan's so-called nondebtor releases that would have shielded non-bankrupt individuals and entities from future litigation were voided on appeal. Ascena filed for chapter 11 protection in July 2020 with more than $1 billion in debt, part of the wave of retail bankruptcies that occurred in the first few months after the COVID-19 pandemic hit the U.S. Ascena later sold its assets, including apparel retailers such as Ann Taylor, Lane Bryant and Loft, to private equity firm Sycamore Partners. In January, U.S. District Judge David Novak of the Eastern District of Virginia held that the nondebtor releases contained in the plan were void and unenforceable. Judge Novak’s decision did not interfere with the Sycamore sale, which had already closed. In his January decision, Judge Novak called the releases “shocking” and said that the bankruptcy court that approved them had exceeded “the constitutional limits of its authority.” As a result, Mahwah, which now exists solely to wind down its estate, reworked the plan to provide that the releases "should be deemed severed from the Plan,” according to court papers.