Second Circuit Holds that Debtors Are Properly Barred from Receiving PPP Loans
SBA Can Deny PPP Loan Because of Bankruptcy, Appeals Court Rules
February Total Bankruptcy Filings Increase 3 Percent from Last Month, Commercial Chapter 11s Decrease 10 Percent
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 [email protected].
###
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.
Visa to Cut Consumer Credit Fees for U.S. Small Businesses by 10%
H.R. 6814
To apply the Fair Debt Collection Practices Act to small business debt to the same extent as such Act applies to consumers, and for other purposes.
H.R. 6763
To amend the Internal Revenue Code of 1986 to lower the corporate tax rate for small businesses and close the carried interest loophole, and for other purposes.