Commercial Chapter 11 filings increased 46 percent in November over November of last year, according to data provided by Epiq. Increasing from November 2019’s commercial Chapter 11 filing total of 449, nearly half of the 654 commercial Chapter 11 filings registered in November 2020 were “related” filings. Commercial bankruptcy filings totaled 2,335 in November 2020, a 23 percent decrease from the 3,022 commercial filings in November 2019, according to the American Bankruptcy Institute.

All other filing categories registered decreases from last year. The 34,478 total U.S. bankruptcies in November 2020 were down 39 percent from the 56,085 filings in November 2019. Consumer bankruptcies also decreased 39 percent in November 2020, as the 32,143 filings dropped from the 53,063 consumer filings registered in November 2019.

The 494,756 total bankruptcies through the first 11 months of 2020 are on pace to result in the lowest annual filing total since the 617,660 filings recorded in calendar year 2006, the year after the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 went into effect and placed new requirements on filers.

"Government relief programs, moratoriums and lender deferments have helped families and businesses weather surging COVID-19 cases, elevated unemployment rates and growing debt loads to this point of the pandemic," said ABI Executive Director Amy Quackenboss. “Unless renewed by Congress, the expiration of the stabilization programs will leave struggling consumers and businesses in a challenging and uncertain position. Bankruptcy provides a proven shield to companies and consumers facing mounting financial distress.”

Commercial Chapter 11 filings in November 2020 represented a 19 percent increase from the 550 filings recorded in October 2020. November’s commercial filing total represented an 8 percent decrease from the October 2020 commercial filing total of 2,539.

Total filings for November decreased 14 percent compared to the 40,218 total filings in October 2020. Total noncommercial filings for November decreased 15 percent from the October 2020 noncommercial filing total of 37,679.  

The average nationwide per capita bankruptcy filing rate (total filings per 1,000 population) was 1.74 for the first 11 calendar months of 2020 (Jan. 1-Nov. 30), a slight decrease from the 1.78 rate registered during the first 10 months of the year. The average daily filing total in November 2020 was 1,815, a 39 percent decrease from the 2,952 total daily filings registered in November 2019. States with the highest per capita filing rates (total filings per 1,000 population) through the first 11 months of 2020 were:

1. Alabama (3.91)
2. Delaware (3.74)
3. Tennessee (3.46)
4. Nevada (2.95)
5. Mississippi (2.93)