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U.S. Stablecoin Legislation Could Come This Year

Submitted by ckanon@abi.org on
Sens. Kirsten Gillibrand (D-N.Y.) and Cynthia Lummis (R-Wyo.) said that legislation on stablecoins is the portion of their framework for crypto regulation that is most likely to progress this year, Markets Media reported. Last month, they introduced the Responsible Financial Innovation Act to create a complete regulatory framework for digital assets. It assigns regulatory authority over digital asset spot markets to the Commodity Futures Trading Commission (CFTC). The senators said, “Understanding that most digital assets are much more similar to commodities than securities, the bill gives the CFTC clear authority over applicable digital asset spot markets, which aligns well with their current purview over other commodity markets. Digital assets that meet the definition of a commodity, such as bitcoin and ether, which comprise more than half of digital asset market capitalization, will be regulated by the CFTC.” Sen. Gillibrand said that it is possible that the Senate Agriculture Committee could vote by the end of this year on the jurisdiction of the CFTC over specific digital assets that are considered commodities. Sen. Lummis added that the Senate Banking Committee could vote on how banks could issue stablecoins. In addition, Sen. Pat Toomey (R-Pa.) has a bill that would address how non-banks could issue stablecoins, which could also go through the Senate Banking Committee this year.

Prolonged Russian Sanctions Cited as Having Significant Effect in Disappointing Economic and Earnings Reports

Everyone is feeling the impacts of the highest rate of inflation in decades, with the Consumer Price Index (CPI) still reporting a 8.3% year-over-year rate of inflation. Many pundits are blaming the impact of the Russian sanctions as a primary driver. This month, U.S. companies reporting earnings are repeating the same mantra.

U.S. Senate Democrats Aim to Close Tax Loophole on 'Pass-Through' Firms

Submitted by jhartgen@abi.org on

U.S. Senate Democrats are finalizing a plan to close a tax loophole used by many companies, and they want to use those revenues to shore up the government-run Medicare healthcare program for the elderly and disabled, sources familiar with the discussions said on Thursday, Reuters reported. Democrats expect to submit legislative text to the Senate parliamentarian in coming days, said one source, who asked not to be identified in order to discuss the private negotiations. The tax change is aimed at the majority of businesses in the United States that are known as "pass-through" firms that are not subject to the corporate income tax and instead have their income reported to the government on individual tax returns, subjecting them to the lower tax rates. Under the proposed changes, individuals who make more than $400,000 annually and couples who make more than $500,000 would have to pay a 3.8% tax on earnings from their pass-through business income. The fund that finances Medicare is currently set to be depleted by 2028. Democrats expect their pass-through tax proposal will amass $200 billion and would help make the trust fund solvent until 2031.

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Commercial Chapter 11 Filings Increase 29 Percent in June from Last Year, Total Filings Decrease Slightly

Submitted by jhartgen@abi.org on

Alexandria, Va. The 447 commercial chapter 11 filings in June represented a 29 percent increase from the 347 filings in June 2021, according to data provided by Epiq Bankruptcy, the leading provider of U.S. bankruptcy filing data. Overall commercial filings decreased 7 percent in June 2022, as the 1,864 filings were down from the 1,999 commercial filings registered in June 2021. Small business filings, captured as subchapter V elections within chapter 11, experienced an 8 percent decrease from 106 in June 2021 to 98 in June 2022. Total bankruptcy filings were 32,175 in June 2022, a 6 percent decline from the June 2021 total of 34,291. Noncommercial bankruptcy filings totaled 30,311 in June 2022, also registering a 6 percent decrease from the June 2021 noncommercial total of 32,292.

Total bankruptcy filings were 185,303 during the first six months of 2022, a 15 percent decrease from the 217,047 total filings during the same period a year ago. Total consumer filings also registered a 15 percent decrease, as the 175,112 filings during the first half of 2022 were down from the 204,679 filings during the first six months of 2021. The 10,191 total commercial filings for the first half of 2022 represented a 17 percent decline from the commercial filing total of 12,278 for the first half of 2021. The 1,765 total commercial chapter 11 filings during the first six months of the year (Jan. 1-June 30) were an 18 percent decrease from the 2,155 total filings during the same period in 2021, according to data provided by Epiq Bankruptcy Analytics.

“The year-over-year filing counts continue to show declines, but month-over-month we see growth in chapter 13 filings that when coupled with the growth in corporate chapter 11s, tell a different story,” says Chris Kruse, senior vice president at Epiq. “Turbulence in the market including inflation concerns, labor shortages in key industries, and a downward shift in housing prices all point toward increases in the months ahead.” 

“Tightening credit markets amid increasing interest rates, elevated prices due to inflation and global supply concerns are presenting financially distressed families and businesses with more economic dilemmas,” said ABI Executive Director Amy Quackenboss. “Bankruptcy provides a shield to the mounting economic challenges being experienced by financially struggling consumers and companies.”

Total filings in the first half of 2022 point to a pace for the full year that could be the lowest since the 348,521 bankruptcies recorded by the Administrative Office of the U.S. Courts in calendar year 1984. Will total, business and consumer filings remain on this pace for the second half?

In partnership with Epiq, an abiLIVE webinar on July 12 will feature experts looking at filing trends through June 30 and providing their thoughts on what could happen with bankruptcies moving forward. Speakers on the program include ABI President Hon. Kevin Carey (ret.) of Hogan Lovells (Philadelphia), Deirdre O’Connor of Epiq (New York) and ABI's Ed Flynn (Alexandria, Va.). Christopher Kruse of Epiq (San Francisco) will serve as moderator for the program. Click here for your complimentary registration.

ABI has partnered with Epiq Bankruptcy to provide the most current bankruptcy filing data for analysts, researchers, and members of the news media. Epiq Bankruptcy is the leading provider of data, technology, and services for companies operating in the business of bankruptcy. Its new Bankruptcy Analytics subscription service provides on-demand access to the industry’s most dynamic bankruptcy data, updated daily. Learn more at https://bankruptcy.epiqglobal.com/analytics.

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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Epiq Bankruptcy is a division of Epiq, a global technology-enabled services leader to the legal services industry and corporations that 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.  

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.

Bill to Grant Crypto Firms Access to Federal Reserve Alarms Experts

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A wave of notoriously risky cryptocurrency firms could one day be integrated into the traditional banking system under a little-noticed provision in a new bill that is raising alarms among financial experts about potentially destabilizing consequences, the Washington Post reported. The provision — part of a sweeping proposal to regulate the crypto industry that Sens. Cynthia M. Lummis (R-Wyo.) and Kirsten Gillibrand (D-N.Y.) introduced in June — would force the Federal Reserve to grant so-called master accounts to certain crypto firms seeking them from the central bank. The accounts give holders access to the Fed’s payment system, allowing them to settle transactions for clients without involving a separate bank. Two Wyoming-based crypto firms championed by Lummis stand to benefit. Both companies, Custodia Bank and Kraken Financial, have been stymied over the last two years in bids to gain Fed master accounts. But financial regulators and experts say the measure’s impact would cascade through the industry and beyond. The push by crypto firms to join the banking system’s central plumbing comes at a fraught moment for the industry and its regulators. A steep sell-off in cryptocurrencies has erased $700 billion from the digital asset market since early May, forcing a reckoning for some previously highflying start-ups. One such firm, Celsius Network, halted withdrawals last month, citing “extreme market conditions” as it froze as much as $8 billion in deposits.

U.S. Congressional Panel Calls for Crackdown After 'Meme-Stock' Saga

Submitted by jhartgen@abi.org on

Wall Street regulators must do more to address market risks highlighted by the "meme-stock" trading frenzy of January 2021 that pitted individual GameStop Corp investors against powerful hedge funds, a congressional report said Friday, Reuters reported. Meme stock trading — where companies see their value fueled more by social media attention than fundamentals continues — with cosmetics maker Revlon Inc. the latest example. The report by the U.S. House of Representatives' Financial Services Committee singled out Robinhood's trading app for "troubling business practices" and urged regulators to step up scrutiny of retail brokers. Robinhood said there was "nothing new" in the report, that it took "the appropriate and responsible steps necessary to protect and support our customers" and has made significant improvements since then. The report, which raises pressure on regulators to do more, also called for new brokerage liquidity rules and for regulators to hasten a crackdown on the "gameification" of trading — game-like features that prompt users to trade more. "The meme stock saga has raised questions about how retail trading market infrastructure currently operates and whether it is appropriately designed and regulated," the report said. The report, which was prepared following hearings in February 2021, analyzed how quickly money was made and lost when GameStop shares surged more than 1,600% in January last year before collapsing.

House Panel Approves expanding Anti-Money Laundering Reporting Requirements

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A bipartisan group of lawmakers cleared a major hurdle this week to advance what they call the most significant revision to America’s anti-money laundering laws in 20 years, the Washington Post reported. The bill, called the Enablers Act, amends the 52-year-old Bank Secrecy Act to require for the first time that trust companies, lawyers, art dealers and others investigate clients seeking to move money and assets into the American financial system. Those covered by the law, who include financial advisers and art and antiquities traders, would also be required to report suspicious activity to the Treasury Department. Real estate transactions would not be covered by the law, however. Banks are already required to vet their clients and their sources of wealth, but other American financial gatekeepers have been exempted from “due diligence rules” — a loophole long criticized by financial crime experts and international watchdogs. “Middlemen in foreign transactions should be subject to the same anti-money laundering checks as banks, and this brings us one step closer,” said Rep. Joe Wilson (R-S.C.), who co-led the push to enact the Enablers Act, along with Rep. Tom Malinowski (D-N.J.), and sponsored its inclusion in the defense bill. “Nobody should be able to hide behind blood money to exploit democratic institutions for their benefit.” The House Armed Services Committee voted on Wednesday to include the Enablers Act in the National Defense Authorization Act, a broad national defense policy bill that is traditionally passed by Congress every year. The voice vote fast-tracks the bill and significantly increases the likelihood it will become law, Democrat and Republican backers say.