Ninth Circuit BAP Holds that Debts of Corporate Sub V Debtors Can’t Be Nondischargeable
Anatomy of a Small- to Middle-Market Restructuring in Today’s New World
Commercial Chapter 11 Filings Increased 68 Percent in the First Half of 2023
Commercial Chapter 11 Filings Increased 68 Percent in the First Half of 2023
Individual Chapter 13 Filings Increased by 23 Percent
July 03, 2023 —The 2,973 total commercial chapter 11 bankruptcies filed during the first six months of 2023 represented a 68 percent increase over the 1,766 filed during the same period in 2022, according to data provided by Epiq Bankruptcy, the leading provider of U.S. bankruptcy filing data. Individual chapter 13 filings increased by 23 percent during the same period.
Overall commercial filings registered 12,107 for the first half of 2023, representing an 18 percent increase from the commercial filing total of 10,258 for the first half of 2022. Small business filings, captured as subchapter V elections within chapter 11, totaled 814 in the first six months of 2023, a 55 percent increase from the 525 elections during the same period in 2022.
Overall commercial filings increased 12 percent in June 2023, as the 2,123 filings were up from the 1,891 commercial filings registered in June 2022. The 404 commercial chapter 11 filings in June represented a 9 percent increase from the 371 filings in June 2022. Total subchapter V elections within chapter 11, experienced a 111 percent increase from 94 in June 2022 to 198 in June 2023.
"The increase in commercial and individual bankruptcy filings during the first half of 2023 underscores the economic challenges faced by businesses and individuals,” said Gregg Morin, Vice President of Business Development and Revenue at Epiq Bankruptcy. “Our objective is to provide bankruptcy professionals with timely and accurate data necessary for analyzing stakeholder volumes and trends for making informed business decisions."
Total bankruptcy filings were 217,420 during the first six months of 2023, a 17 percent increase from the 185,352 total filings during the same period a year ago. Total individual filings also registered a 17 percent increase, as the 205,313 filings during the first half of 2023 were up from the 175,094 filings during the first six months of 2022. The 85,390 individual chapter 13 filings in the first half of 2023 represent a 23 percent increase over the 69,367 filings during the same period in 2022.
All chapters increased in June 2023 compared to June 2022, with 37,700 total bankruptcy filings representing an increase of 17 percent from the 32,198 filed in 2022. Total commercial filings were up 12 percent from 1,891. Total Individuals were up 18 percent from 30,307.
“The growth in filings is reflective of more families and businesses facing surging debt loads due to rising interest rates, inflation, and increased borrowing costs,” said ABI Executive Director Amy Quackenboss. “Bankruptcy provides a shield to the economic challenges being experienced by financially struggling individuals and companies.”
The substantial year-over-year increase in subchapter V elections reflects statutory developments that took place last year. The Bankruptcy Threshold Adjustment and Technical Corrections Act was quickly enacted in June 2022 to restore the debt eligibility limit for small businesses back to $7.5 million while also increasing the debt limit for individual chapter 13 filings to $2.75 million and removing the distinction between secured and unsecured debt for that calculation. The increased eligibility limits for both Subchapter V and Chapter 13 were currently set to sunset on June 21, 2024. ABI formed the Subchapter V Task Force to study small business reorganization and make recommendations in a report to be released in April 2024.
Epiq and ABI will host an abiLIVE webinar at 2 p.m. ET July 12 featuring experts providing insights on 2023 filing trends. Deirdre O’Connor, Managing Director for Corporate Restructuring at Epiq, will serve as the moderator with speakers including Morin, ABI President-Elect Chris Ward of Polsinelli and ABI's Ed Flynn. Click here for 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 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.
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About Epiq
Epiq, a global technology-enabled services leader to the legal industry and corporations, 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 www.epiqglobal.com.
About ABI
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.
Eligibility for Subchapter V Is Liberal, but Not Wide Open
Judges and Practitioners to Provide Testimony on Subchapter V Eligibility Issues at Virtual Public Hearing of ABI's Subchapter V Task Force on June 23
Alexandria, Va.— ABI’s Subchapter V Task Force will hold its second virtual public hearing at 3 p.m. EDT on Friday, June 23, to receive witness testimony from bankruptcy judges and practitioners regarding their perspectives on eligibility issues related to subchapter V of chapter 11 of the Bankruptcy Code. Witnesses scheduled to testify include:
- Hon. Paul M. Black (W.D. Va.; Roanoke)
- Hon. Benjamin A. Kahn (M.D.N.C.; Greensboro)
- Hon. Kesha L. Tanabe (D. Minn.; St. Paul)
- Karen Cordry of the National Association of Attorneys General (Silver Spring, Md.)
- Sumner A. Bourne of Rafool & Bourne PC (Peoria, Ill.)
- Daniel A. Velasquez of Latham, Luna, Eden & Beaudine, LLP (Orlando, Fla.)
- Adam Prescott of Bernstein Shur (Portland, Maine)
- Robert J. Gonzales, Emerge Law, PLC (Nashville, Tenn.)
To join in the public hearing administered via Zoom, please register here.
Background on the Task Force
The nine-member expert panel was established earlier this year to examine case law and statistical data under subchapter V since its enactment in 2020 through the present. This study will consider, among other things, how the subchapter is working in practice and whether it is achieving certain underlying objectives, such as assisting debtors and creditors in resolving the reorganization cases of small- and medium-sized businesses more effectively and efficiently, and what improvements it might need. The Task Force intends to solicit input about subchapter V from the public via virtual hearings and its forthcoming website, culminating in a final report to be delivered in April 2024.
The Task Force kicked off its virtual public hearing schedule on June 9 with experts providing their general experiences with subchapter V. Click here to watch a replay of the hearing and to read the prepared witness statements.
Background on Subchapter V
The concept of subchapter V started as one of the centerpiece recommendations of ABI’s Commission to Study the Reform of Chapter 11, which published its final report and recommendations in 2014. It was formalized in the Bankruptcy Code by the enactment of “The Small Business Reorganization Act of 2019” (SBRA), which went into effect on February 19, 2020, to provide Main Street business debtors with a more streamlined path for restructuring their debts. The eligibility limit for small businesses looking to elect to file under SBRA's subchapter V was originally $2,725,625 of debt, but the threshold was increased to $7,500,000 with the enactment of the “Coronavirus Aid, Relief, and Economic Security Act” (CARES Act; P.L. 116-136) on March 27, 2020, in response to the economic distress caused by the COVID-19 coronavirus pandemic. The increased debt limit received two subsequent extensions that were signed into law, but the last extension is due to sunset on June 21, 2024.
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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 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.