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Rising Bankruptcy Filings Make Today’s Headlines, But Keep An Eye on Historic Policies

By Scott Williams
January 01, 2025

Many of my fellow bankruptcy professionals know that we’ve been busy, but for the record, the Administrative Office of the U.S. Courts reports a 33.5% increase in business bankruptcy filings for the year ending September 30. That’s down from the year-to-year figure of 40% in July, suggesting the recent surge of filings may have peaked or maybe an anomaly due to small business debtors perceptively filing in advance of the reduction in the debt limits eligibility.

We also know filing numbers don’t always tell the full story. Some bankruptcies, like that of Steward Health Care, involves over one hundred of individual filings that are really from the same company and where multiple entities are consolidated into one docket.

However, there is a larger issue at play — one that bankruptcy policy experts and, eventually Congress, should consider. While bankruptcy is one of only two areas of law mentioned in the Constitution, it took Congress until 1898 to pass the first comprehensive bankruptcy laws, which they overhauled in 1938, and superseded by the current Bankruptcy Code in 1978. Over that time the system stood for people and businesses with overly burdensome debt getting a financial fresh start while creditors receive an equitable distribution of assets.

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