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Commercial Chapter 11 Filings Increase 42 Percent in June from Last Month, Total Filings Decrease Slightly

Submitted by jhartgen@abi.org on

Alexandria, Va. The 349 commercial chapter 11 filings in June represented a 42 percent increase from the 246 filings in May 2021, according to data provided by Epiq. Total commercial filings in June increased 11 percent to 1,983 from the 1,791 commercial filings in May. Conversely, the 34,269 total bankruptcy filings in June represented a slight decrease from the 34,767 total filings recorded the previous month, and total noncommercial filings of 32,286 for June represented a 2 percent decrease from the May 2021 noncommercial filing total of 32,976.

Total bankruptcy filings were 216,931 during the first six months of 2021, a 27 percent decrease from the 298,121 total filings during the same period a year ago. Total consumer filings also registered a 27 percent decrease, as the 204,767 filings during the first half of 2021 were down from the 280,636 filings during the first six months of 2020. The 12,164 total commercial filings for the first half of 2021 represented a 30 percent drop from the commercial filing total of 17,485 for the first half of 2020. The 2,167 total commercial chapter 11 filings during the first six months of the year (Jan. 1-June 30) were a 40 percent decrease from the 3,610 total filings during the same period in 2020, according to data provided by Epiq.

“Many financially distressed businesses and households have been able to weather the economic effects of the pandemic to this point through stabilization efforts by the federal government, lender forbearance and continued low interest rates,” said ABI Executive Director Amy Quackenboss. “As consumers and companies navigate the post-pandemic economy amid receding relief programs, global supply challenges and potential inflation risks, bankruptcy provides a lifeline to families and businesses who may be struggling financially.”

The average nationwide per capita bankruptcy filing rate for the first six calendar months of 2021 (Jan. 1-June 30) decreased slightly to 1.40 (total filings per 1,000 per population) from 1.41 for the first five months. The average total filings per day in June 2021 were 1,558, a 19 percent decrease from the 1,928 total daily filings in June 2020. States with the highest per capita filing rate (total filings per 1,000 population) through the first six months of 2021 were:

1. Alabama (3.15)

2. Nevada (2.91)

3. Tennessee (2.51)

4. Indiana (2.31)

5. Delaware (2.23)

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. 

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 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, 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 https://www.epiqglobal.com.

 

Monarch Poised to Benefit From Office, Hotel Rebound

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Monarch Alternative Capital LP is making deals for office and hospitality assets, betting that changes in where Americans live will accelerate while remote work will ebb, WSJ Pro Bankruptcy reported. Investing in distressed corporate debt in the U.S. and Europe is Monarch’s main business, but real estate for office use has taken up more of the firm’s attention — and capital — in recent months. After raising a $3 billion fund in December to invest in all types of pandemic-fueled distress, Monarch has bought six office buildings this year, compared with none in 2020. The firm has also been backing plays for hospitality, retail and senior-housing assets. “In certain asset types there is still fundamental disruption as a result of the pandemic,” said Monarch portfolio manager Adam Sklar. Last month, the firm closed on the 34-story Citigroup Center in downtown Miami, an office building in Plano, Texas, and 10 hotels bought through the bankruptcy of Eagle Hospitality Real Estate Investment Trust. Earlier this year Monarch acquired, also through bankruptcy, the Crowne Plaza Orlando Universal Boulevard in Orlando, Fla. So far, people haven’t been returning to their offices the way they’ve been resuming their lives at restaurants, hotels and stores. As of early June, an average of 31% of office workers had returned to the workspaces they occupied before the COVID-19 pandemic, according to Kastle Systems, a security company that monitors access-card swipes in more than 2,500 U.S. office buildings.

States and Cities Scramble to Spend $350 Billion Windfall

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The stimulus package that President Biden signed into law in March was intended to stabilize state and city finances drained by the coronavirus crisis, providing $350 billion to alleviate the pandemic’s effect, with few restrictions on how the money could be used. Three months after its passage, cash is starting to flow — $194 billion so far, according to the Treasury Department — and officials are devoting funds to a range of efforts, including keeping public service workers on the payroll, helping the fishing industry, improving broadband access and aiding the homeless, the New York Times reported. “It’s not like all places are rushing out to do the most aspirational things, since the first thing they need to do is replace lost revenue,” said Mark Muro, a senior fellow with the Brookings Institution, a nonpartisan Washington think tank. “But there is much more flexibility in this program than in previous stimulus packages, so there is more potential for creativity.” The local decisions are taking on greater national urgency as the Biden administration negotiates with Republicans in Congress over a bipartisan infrastructure package. Some Republican lawmakers want money from previous relief packages to be repurposed to pay for infrastructure, arguing that many states are in far better financial shape than expected and the money should be put to better use. The administration, sensitive to those concerns, has begun bending the program’s rules to allow the money to be spent even more broadly. In May, the Treasury Department told states they could use their funding to pay for lotteries intended to encourage vaccinations. In June, President Biden prodded local governments to consider using the cash to address the recent rise in violent crime, which his aides regard as a serious political hazard heading into the 2022 midterm elections. For the most part, local officials have been focused on undoing the damage of the past year and a half.

Economy Adds 850K Jobs in June, Exceeding Expectations

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The U.S. added 850,000 jobs in June, exceeding expectations as rising demand for a wide range of services disrupted by the COVID-19 pandemic fueled the labor market, according to data released Friday by the Labor Department, The Hill reported. The unemployment rate ticked slightly higher to 5.9 percent, according to the report, but the monthly haul far exceeded the projections of economists, who expected the U.S. to gain roughly 700,000 jobs last month. The labor force participation rate stayed roughly even at 61.6 percent, a sign that many Americans are still unable to return to the workforce. There were also 6.4 million Americans who did not seek a job in June — and therefore not counted as unemployed — but want to work, up from 5 million before the pandemic. Even so, strong job gains in sectors hit hard by the pandemic and a sharp drop in the number of Americans working part-time when they'd prefer to work full time pointed toward an accelerating rebound from COVID-19.

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BoltBus, Favorite of Frugal Riders, Suspends Service Indefinitely

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BoltBus, the bus service known for offering its passengers Wi-Fi and $1 lottery seats, is shutting down operations indefinitely after months of low ridership during the pandemic, according to Greyhound, its parent company, the New York Times reported. The discount bus operator announced last month that it was transferring most of its routes to Greyhound so it could “undergo renovations.” BoltBus had suspended service earlier during the pandemic, but its parent company said this week that the operator had no plans to put its buses back on the road. Greyhound, which operates the largest intercity bus fleet in North America, teamed up with Peter Pan Bus Lines in 2008 to start BoltBus. The companies wanted to offer an affordable ride to people put off by grubbier alternatives on the market. At least one seat on every BoltBus ride sold for $1 plus a booking fee. Passengers could reserve seats, unlike on Greyhound. BoltBus offered passengers Wi-Fi, individual power outlets and extra legroom, according to its website. The company shuttled riders among cities in the Northeast and in the Pacific Northwest. Greyhound took sole ownership of BoltBus in 2017. In May, Greyhound announced that it was shutting down its remaining Canadian operations.

As U.S. Companies Scramble to Hire, Workers Enjoy Upper Hand

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With the economy growing rapidly as it reopens from the pandemic, many employers are increasingly desperate to hire, yet evidence suggests that as a group, the unemployed aren’t feeling the same urgency to take jobs, the Associated Press reported. Many people who are out of work are either seeking higher pay than they had before or are still reluctant to take jobs in public-facing service companies for fear of contracting COVID-19. How those two trends balance themselves out will likely set the pace for how many open positions employers can fill in the coming months. On Friday, analysts expect the government to report that the economy added 675,000 jobs in June. That would be a substantial gain but nowhere near the gains that could be expected given the record-high number of job openings. In fact, some economists have estimated that monthly job growth would be at least twice what the three-month average gain was for March, April and May — 540,000 — if there were no constraints on the number of workers available to fill jobs. For June, the unemployment rate is projected to have dipped from 5.8% in May to a still-elevated 5.7%. Total available jobs reached 9.3 million in April, the highest in 20 years of data, according to the Labor Department. The employment website Indeed has said that job postings have increased still further since then. As the competition to keep and attract workers intensifies, especially at restaurants and tourist and entertainment venues, employers are offering higher pay, along with signing and retention bonuses and more flexible working hours. The proportion of job advertisements that promise a bonus has more than doubled in the past year, yet the supply of potential hires is being held back by a variety of factors.
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NYC Hotel Industry in a ‘Depression,' Room Revenue Down 60%, Report Says

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The hotel industry is in a recession or worse in 21 of the top 25 U.S. markets, and New York City is one of the worst off of all, according to a new report released by a lodging trade group, NBC New York reported. The American Hotel & Lodging Association said that the city has lost about a third of its hotel rooms since the pandemic. For those that are left, revenue per available room was $95 in May — down 62 percent from May 2019. That's a deep enough drop to put the city's hotel industry in the “depression” category, the association said. In percentage terms, only San Francisco, Boston and Washington, D.C., are suffering more. (In dollar terms, NYC's revenue drop is worse, though.) Just four top markets nationwide have stabilized or returned to growth versus two years ago, the association said: Phoenix, Virginia Beach, Va., Tampa, Fla., and Miami.