September Commercial Chapter 11 Filing Down 31% Year/Year



According to the American Bankruptcy Institute, citing data from Epiq Systems, commercial Chapter 11 filings totaled 308 in September, a 31% decrease from September 2017’s total of 445 filings.

Overall business filings decreased to 2,783 filings in September, a 5% drop from September 2017’s total of 2,940 filings. Total U.S. filings registered 57,569 in September 2018, down 4% from last September’s total of 60,050. The 54,786 consumer filings in September also represented a 4% decrease from the September 2017 consumer total of 57,110.

“Struggling businesses and consumers faced with increasing interest rates and global challenges may avoid bankruptcy due to high filing costs,” said ABI Executive Director Samuel J. Gerdano. “The recommendations of ABI’s Chapter 11 Commission and the ongoing efforts of the Commission on Consumer Bankruptcy provide paths to making bankruptcy more accessible for distressed businesses and households.”

Total U.S. bankruptcy filings fell 2% during the first nine months of 2018 (January 1 to  September 30) from the same period a year ago as the 576,610 filings decreased from 589,252 in 2017. The 548,361 total noncommercial filings through the first three quarters of 2018 also represented a 2% drop from the noncommercial filing total of 559,958 through the first three quarters of 2017. Commercial bankruptcy filings during the first nine months of the year decreased 4% to 28,249 from the 29,294 filings during the same period in 2017. Commercial Chapter 11 filings also decreased during the first nine months of 2018 as the 3,796 filings represented a 12% drop from the 4,306 chapter 11 filings during the first nine months of 2017.

The average nationwide per capita bankruptcy filing rate for the first nine calendar months of 2018 (January 1 – September 30) decreased slightly to 2.48 (total filings per 1,000 population) from the 2.49 rate for the first eight months of the year. The average daily filing total in September 2018 was 3,030, a 1% increase from the 3,002 total daily filings registered in September 2017.


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