ALEXANDRIA, Va. -

Along with announcing its next executive director, the American Bankruptcy Institute (ABI) this week also shared the November filing information that showed a slowing of cases after four months in a row of increases triggered by changes in federal laws.

According to data provided by Epiq Systems, ABI reported Total U.S. bankruptcies in November registered a decrease as the 56,041 filings fell 5% from last November’s total of 58,923.

Consumer bankruptcies dipped in November, as well, as the 53,057 filings represented a 5% drop from the 55,676 consumer filings registered in November of last year.

ABI indicated commercial Chapter 11 filings resolved in November decreased 32% year-over-year. The 450 commercial Chapter 11 filings registered in November dropped from last November’s commercial Chapter 11 filing total of 662.

Officials added that commercial bankruptcy filings totaled 2,984 in November, marking an 8% decline from the 3,247 commercial filings posted in November of last year.

“High filing costs impede struggling consumers and businesses from accessing the financial relief of bankruptcy,” ABI executive director Samuel Gerdano said in a news release.

“The Small Business Reorganization Act will soon provide a better path for small businesses to restructure, and the recommendations of ABI’s Commission on Consumer Bankruptcy aim to modernize the bankruptcy code to provide better access to struggling households,” Gerdano continued.

ABI reiterated the Small Business Reorganization Act of 2019, signed into law on Aug. 23 by President Trump, becomes effective Feb. 19. Officials explained SBRA adds a new subchapter V to Chapter 11, providing what they believe is a better path for small businesses to successfully restructure, reduce liquidations, save jobs and increase recoveries to creditors.

ABI’s Commission on Consumer Bankruptcy issued its final report of recommendations earlier this year to improve access to the consumer bankruptcy system. The complete report is available here.

Turning to a look at the data based on a sequential comparison, ABI determined the total filings for November decreased 17% when measured against the 67,828 total filings in October.

Officials added the total noncommercial filings for November also represented a 17% decrease from the October noncommercial filing total of 64,277.

ABI said commercial Chapter 11 filings in November marked a 15% drop from the 527 filings recorded in October. The organization pointed out November’s commercial filing total represented a 16% decrease from the October commercial filing total of 3,551.

Officials went on to mention the average nationwide per capita bankruptcy filing rate (total filings per 1,000 population) was 2.50 for the first 11 calendar months of the year, a slight increase over the 2.49 rate registered during the first 10 months of the year.

The average daily filing total in November was 2,950, a slight increase from the 2,946 total daily filings registered in November of last year.

ABI pinpointed states with the highest per capita filing rates (total filings per 1,000 population) through the first 11 months of this year:

1. Alabama (5.69)

2. Tennessee (5.39)

3. Georgia (4.43)

4. Mississippi (4.24)

5. Illinois (3.75)

ABI has partnered with Epiq Systems, a leading provider of managed technology for the global legal profession, in order to provide the most current bankruptcy filing data for analysts, researchers and members of the news media.

ABI selects new executive director

In other news, the executive committee of the American Bankruptcy Institute’s board of directors announces that ABI deputy executive director Amy Alcoke Quackenboss will succeed Samuel Gerdano as ABI executive director effective Jan. 1.

Officials said Quackenboss was chosen by a search committee following a nationwide search led by Sterling Martin Associates of Washington, D.C.

Quackenboss joined the ABI staff as deputy executive director in November 2010, and added the title of general counsel in 2012.

In her capacity as deputy executive director, Quackenboss has been involved in all aspects of ABI's operations, including educational programming, publishing, information technology, staff management and budgeting. She also led a team of ABI volunteers and staff in developing ABI’s 2020-22 strategic plan, which will be released soon.

“Amy was selected from among a very distinguished group of candidates as the most qualified to succeed Sam Gerdano,” said ABI president Alane Becket of Becket & Lee, LLP of Malvern, Pa.

“Her experience and commitment to the success of the ABI is unmatched and I have no doubt she will be an exceptional leader,” Becket continued in a news release.

Prior to joining the ABI staff, Quackenboss practiced law at Hunton Andrews Kurth in Atlanta where she focused her practice on bankruptcy litigation and restructuring. She has significant experience representing lenders, secured and unsecured creditors, indenture trustees, creditors’ committees, and acquirers of assets in Chapter 11 bankruptcies.

In 2002, Quackenboss was honored with the H. Sol Clark award by the State Bar of Georgia for her commitment to pro bono work. She also clerked for U.S. Magistrate Judge Mary Stanley in the U.S. District Court for the Southern District of West Virginia from 1996 through 1998.

“Amy is perfectly suited to lead ABI, and I’m delighted she has been selected Executive Director,” said Gerdano, who announced his retirement in June after 29 years as ABI executive director.