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Delta Air Lines Reports Its First Profit Since the Start of the Pandemic

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Delta Air Lines yesterday reported a $652 million profit in the second quarter of the year, its first since the pandemic began and the latest sign that the airline recovery is well underway. The carrier reported $7.1 billion in revenue, the New York Times reported. There were also promising indications that the business is returning to normal, Delta said, noting that booking trends recovered as customers bought tickets further out, with average daily sales beating Delta’s internal expectations by 20 percent. “Domestic leisure travel is fully recovered to 2019 levels, and there are encouraging signs of improvement in business and international travel,” the airline’s chief executive, Ed Bastian, said. Corporate travel recovered as offices reopened throughout the quarter, with the number of business travelers down 60 percent in June compared with 80 percent in March, according to the airline. Despite those encouraging signs, Delta’s quarterly profit, which was buoyed by $1.5 billion in federal stimulus money, was still down 55 percent from the same quarter in 2019. Its revenue was down 43 percent from two years ago. The number of people flying for vacation or to visit friends and family within the United States has recovered to prepandemic levels, but Delta’s revenue from domestic travel was down 45 percent from 2019 because of the drop-off in business travel.

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Inflation Accelerates Again in June as Economic Recovery Continues

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U.S. inflation continued to accelerate in June at the fastest pace in 13 years as the recovery from the pandemic gained steam and consumer demand drove up prices for autos, airline fares and other items, the Wall Street Journal reported. The Labor Department said last month’s consumer-price index increased 5.4% from a year ago, the highest 12-month rate since August 2008. The so-called core price index, which excludes the often volatile categories of food and energy, rose 4.5% from a year before. The index measures what consumers pay for goods and services, including clothes, groceries, restaurant meals, recreational activities and vehicles. It increased a seasonally adjusted 0.9% in June from May, the largest one-month change since June 2008. Prices for used cars and trucks leapt 10.5% from the previous month, driving one-third of the rise in the overall index, the department said, marking the third straight month of big price increases amid a supply shortage of vehicles. The indexes for airline fares and apparel also rose sharply in June. (Subscription required.)

Commentary: What Happens to the Economy When $5.2 Trillion in Stimulus Wears Off?

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The U.S. government spent at least $5.2 trillion to combat the COVID-19 crisis. It stands as one of the most expensive, ambitious experiments in U.S. history, according to a Washington Post commentary. A final phase of that assistance could begin this week, when the Treasury Department begins a $110 billion program of child tax credit payments for millions of Americans. Those benefits are set to run through the end of the year. But even that program runs out, assuming it is not renewed. And policymakers will be undertaking an equally uncertain experiment by letting most other COVID-19 relief aid run its course. Businesses and households that were able to navigate the pandemic with large levels of government aid will soon test their ability to forge ahead on their own. Previous attempts to let pandemic-related benefits expire were met with last-minute extensions, as economic updates remained dismal and hardship remained prominent. But the White House appears ready to let the training wheels come off this year as positive indicators pile up. GDP numbers released later this month will likely show the economy has already recovered from its pandemic losses. The nonpartisan Congressional Budget Office expects it to grow at a searing 7.4 percent pace in 2021, and a still-respectable 3.1 percent in 2022, adjusted for inflation, which would be the strongest two-year growth spurt the U.S. has put together in 37 years. But the post pandemic boom, fueled by pent-up demand for services, trillions in extra savings and trillions more in government aid, will fade. CBO now projects growth will slow to 1.1 percent in 2023 and an average of 1.2 percent in 2024 and 2025 — the slowest sustained growth the U.S. has seen outside of a recession, according to Commerce Department data going back to 1929. Before the pandemic, the CBO projected steady growth of between 1.6 and 1.8 percent, rather than a dramatic boom and a leveling off.

Fed’s Bullard: Time Is Right to Pull Back on Central Bank Stimulus

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Federal Reserve Bank of St. Louis President James Bullard is ready to start slowing the pace of central bank bond buying as soon as his colleagues are, worried in part that the purchases risk overheating the gangbusters housing market, the Wall Street Journal reported. “I think with the economy growing at 7% and the pandemic coming under better and better control, I think the time is right to pull back emergency measures,” Mr. Bullard said yesterday. When it comes to the outlook for the Fed paring its purchases of Treasury and mortgage bonds, “we do want to do it gently and carefully, but I think we’re in a very good position to start a taper. I don’t need to get going tomorrow, but I think we’re — I think we’re in very good shape for this” once the collective membership of the Federal Open Market Committee is ready to act, Bullard said. Some $40 billion a month of the purchases target mortgage backed bonds. Some Fed officials have openly questioned continuing those purchases given the strength of the housing market, and some are ready to start paring the asset buying. Bullard does not believe the housing sector is in a bubble and wants to ensure it stays out of trouble. “I am a little bit concerned that we’re feeding into an incipient housing bubble,” he said. “We did get into a lot of trouble with a housing bubble in the mid-2000s and it — and it caused a lot of damage to the economy, so I don’t think we need to be feeding that here given the situation.” (Subscription required.)

Biden’s Pension Rescue Seen as Bigger Help for Corporate Bonds

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U.S. President Joe Biden’s planned pension rescue could result in even more money being shunted into investment-grade corporate bonds than previously thought, according to Citigroup Inc. strategists, Bloomberg News reported. The Pension Benefit Guaranty Corp., which insures pensions, issued rules on Friday for bailout money for multi-employer plans that are severely underfunded. These plans can apply for rescue funds as part of the $1.9 trillion pandemic-relief bill signed into law in March. The PBGC said that the pensions are eligible for $94 billion of assistance, which is higher than the $86 billion that Citigroup strategists estimated in May. And the government agency said it is limiting the types of investments the pensions can make with the rescue funds to individual investment-grade fixed-income securities, or funds such as exchange-traded funds, mutual funds or pooled trusts. That increases the “likelihood that funds are channeled” into high-grade bonds, Citi’s Daniel Sorid and James Keefe wrote in a note late Friday. The 124 weakest multi-employer plans were hit hard early in the pandemic, with plunging markets resulting in their only being 34% funded, compared with 74% at the end of 2007, according to a report from actuarial firm Milliman.

Customers Are Back at Restaurants and Bars, but Workers Have Moved On

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After COVID-19 forced restaurants, hotels and bars to shut last year, thousands of workers didn’t just get pushed to the employment sidelines, the Wall Street Journal reported. Many moved onto new careers in digital sales, shipping, mortgage-financing and other businesses that thrived in the pandemic, in what some economists say could mark a lasting shift in the labor market for hospitality staff. That exodus, they say, could spell labor challenges for the sector that persist well beyond September, when the enhanced federal unemployment benefits that have helped keep some low-wage workers from returning to jobs are set to expire. To try to lure workers back, many restaurant operators and other hospitality businesses are raising wages, offering signing perks and rethinking scheduling practices to make the work more flexible and, in some cases, less grueling. The share of U.S. restaurant and hotel workers leaving their jobs hit a two-decade high in May at 5.7%, according to the Labor Department. Though the latest jobs report shows restaurants and bars added 194,000 jobs in June, employment at such establishments remains down by 1.3 million jobs since the pandemic began. By contrast, employment has bounced back beyond pre-pandemic levels in many other sectors. Compared with February 2020, there are now 100,000 more warehousing and storage jobs, along with 39,000 more jobs in management and technical consulting, and 25,000 more jobs in insurance and finance. (Subscription required.)

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Senate Passes Amended Version of "COVID-19 Bankruptcy Relief Extension Act of 2021" Ahead of March 27 Deadline

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ABI Bankruptcy Brief


March 25, 2021

 
ABI Bankruptcy Brief
 
 
 
NEWS AND ANALYSIS

Senate Passes Amended Version of "COVID-19 Bankruptcy Relief Extension Act of 2021" Ahead of March 27 Deadline



As key bankruptcy relief provisions passed last year are due to sunset on March 27, the Senate last night passed by unanimous consent an amended version of H.R. 1651, the “COVID-19 Bankruptcy Relief Extension Act of 2021.” The legislation was amended to only include the CARES Act bankruptcy provisions, which will be extended one year to sunset on March 27, 2022. According to Hill sources, the amendment struck section 2(c) from the bill, which was the section extending the bankruptcy provisions of December's “Consolidated Appropriations Act of 2021” (CAA) that are due to sunset on December 27. While the COVID-19 Bankruptcy Relief Extension Act originally proposed the CAA provisions to expire at the same time as the CARES bankruptcy provisions on March 27, 2022, the amendment means that the CAA provisions will still expire in eight months. The Senate-amended version of H.R. 1651 now heads back to the House of Representatives for passage potentially before the end of the week.



Overall, the legislation would extend personal and small business bankruptcy relief provisions that were part of last year's CARES Act through March 2022. Some of the key provisions of last year's relief packages were the increased debt limit to $7.5 million for small business debtors electing to file under subchapter V and allowing individuals to seek COVID-19–related hardship modifications, among other changes. Senate Judiciary Chair Richard Durbin (D-Ill.) and Ranking Member Chuck Grassley (R-Iowa) introduced S. 473 on February 25 to extend the bankruptcy provision sunsets, and House Judiciary Committee Chairman Jerry Nadler, D-N.Y., introduced H.R. 1651, the House companion, on March 8. ABI on March 5 sent a letter to Senate Judiciary Committee leadership supporting S. 473, the "COVID-19 Bankruptcy Relief Extension Act," to extend, for another year, bankruptcy-relief provisions due to sunset in the 2020 CARES Act and December 2020 omnibus appropriations bill. “There is no doubt that the COVID-19 pandemic and its aftermath will continue to put significant strain on U.S. small businesses in the near future and perhaps for years to come,” ABI Executive Director Amy Quackenboss wrote in the letter to Sens. Durbin and Grassley. “By extending the increased debt limit of the SBRA, the COVID-19 Bankruptcy Relief Extension Act offers much-needed relief to a growing number of U.S. small businesses who find themselves in need of reorganizing in order to stay in business.” Click here to read ABI’s letter.



For information on SBRA, including the CARES Act amendments, be sure to visit ABI's SBRA Resources page.



To find out about the consumer and business provisions of the CAA, be sure to check out ABI's recent podcasts.

USTP Provides Notice to Ch. 7 and 13 Trustees Regarding Treatment of Recovery Rebates and Tax Credits under Latest Stimulus



The U.S. Trustee Program today issued a notice to chapter 7 and chapter 13 trustees regarding the treatment of recovery rebates and tax credits for consumer bankruptcy debtors under the American Rescue Plan Act of 2021, , Pub. L. No. 117-2 (the “ARP”). The ARP provides relief for qualified individuals to address the impact of COVID-19, including additional recovery rebates and expanded child tax credits. "Chapter 7 and 13 trustees should not consider recovery rebates or child tax credits in administering estate assets or calculating disposable income in chapter 13 repayment plans," according to the USTP notice. "Trustees who believe that the specific facts in a case may require a different result are directed to contact the U.S. Trustee prior to taking any action to administer recovery rebates or to object to a chapter 13 plan based on the treatment of recovery rebates or the additional tax credit under the ARP." Additionally, the notice said that U.S. Trustees will not consider recovery rebates or additional child tax credits under the ARP in making means test calculations, filing motions to dismiss for abuse under section 707(b)(2) and (3), objecting to chapter 13 plans, or taking related actions. Click here to read the full notice.

Senate Passes PPP Bill, Extending Loan Applications Through May



The Senate approved a bill extending the deadline for applying for a Paycheck Protection Program loan to May 31, sending the legislation to the White House for President Biden’s signature days before the current March 31 deadline, the Wall Street Journal reported. Small-business advocates had pushed for an extension of the deadline after the Biden administration made a series of changes to the program aimed at increasing access to the funds for businesses owned by women, minorities, and rural residents. The legislation will give firms until May 31 to apply for a loan through the program and the Small Business Administration will face a June 30 deadline to process the applications. The Paycheck Protection Program, or PPP, offers forgivable loans to small businesses harmed by the pandemic. The government guarantees the loans lenders issue through the program. The House approved the extension last week with broad bipartisan support. The Senate approved the bill 92-7 after voting down two Republican amendments. Passage of the PPP extension comes soon after Congress passed a $1.9 trillion coronavirus relief bill. Along with other forms of economic assistance and small business aid, that bill provided $7 billion to the PPP to expand its eligibility. (Subscription required.)



Unemployment Claims Sink to Pandemic Low of 684,000



The number of Americans filing for first-time unemployment benefits fell to the lowest number since the onset of the COVID-19 pandemic, according to the Labor Department, FoxBusiness.com reported. Data released today showed 684,000 Americans filed first-time jobless claims in the week ended March 20. Analysts surveyed by Refintiv were expecting 730,000 filings. The prior week’s reading was revised up by 11,000 to 781,000. Continuing claims, or the number of Americans who continued receiving unemployment benefits, fell to 3.87 million for the week ended March 13, down from an upwardly revised 4.134 million the previous week. The drop in claims occurred during the same week that President Biden signed the $1.9 trillion American Rescue Plan that extended a $300 per week unemployment supplement until Sept. 6. The plan also sent $1,400 checks to most Americans and $350 billion to state and local governments, among other things.



ASM Spotlight: Don't Miss "The State of the Industry: Perspectives, Opportunities and Predictions" Plenary



ABI’s Annual Spring Meeting returns April 12-22, bringing top bankruptcy practitioners, judges and academics together via an enhanced virtual platform to discuss the most important issues facing the profession. “The State of the Industry: Perspectives, Opportunities and Predictions,” the opening plenary session, sets the stage for the conference by discussing the economic, scientific and behavioral influences that will, at least in part, shape the restructuring landscape in the coming year. Led by a major international media organization, the panel discussion will include leaders in industry, economics, banking and finance, and will focus on macroeconomic predictions for 2021, industry expectations and risks, and how the pandemic and COVID-19 vaccine will impact the economy in 2021 and thereafter.

Evolve and grow your practice by registering for ABI's Annual Spring Meeting today!

Submissions for Asset Sales Committee’s “Asset Sale of the Year” Award Extended to April 5!



ABI’s Asset Sales Committee has extended the application period for its 3rd Annual Asset Sale of the Year Award. Submissions are now due by Monday, April 5, 2021. Criteria for submissions include:

• Completion of a sale that was strategic and provided stakeholders with value;

• A display of excellence across the full spectrum of the sale process, from the initial targeting through pursuit, structuring and financing to complete a transaction;

• A sale that reflects a high level of professional expertise in the design of the transaction, and that tested creativity and skill in completing the transaction; or

• A sale of strategic or legal significance and impact (winning entries might focus on overcoming challenges to complete the sale, innovative financial engineering, and motivating agreement across multiple stakeholders)

Eligibility

A bankruptcy sale (via either § 363 or a plan) that closed between January 1 and December 31, 2020.

At least one professional involved in the sale must be a member of the Asset Sales Committee as of the nomination deadline. Self-nominations are permitted.

Click here for more information.

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BLOG EXCHANGE

New on ABI’s Bankruptcy Blog Exchange: CFPB complaints Skyrocket as Credit Reporting Issues Again Top the List



Complaints to the Consumer Financial Protection Bureau jumped 54% to 542,300 in 2020, according to a recent blog post. Concerns about credit reports have long outnumbered those in other categories and jumped significantly as a share of the total from 2019.



To read more on this blog and all others on the ABI Blog Exchange, please click here.

 
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Aeromexico Says Mexican Shareholders Eye Controlling Stake in Capital Raise

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Aeromexico said on Friday a group of Mexican shareholders and business people had informed the airline they aimed to participate in a major capital raising as part of the company's chapter 11 restructuring process in the United States, Reuters reported. Aeromexico in a statement said it was unaware that any agreement had been reached so far, but would provide details as and when one was in place. It also noted it expected the investment to be "substantial, controlling and long-term." Delta Airlines, which owned a noncontrolling 51% stake in Aeromexico as of Dec. 31, declined to comment. Delta took a $770 million charge on its investment last year after the carrier's chapter 11 bankruptcy filing. Aeromexico did not provide details on the identity of the shareholders and business people.