Bankruptcies of Public Companies and Large Private companies
with Funded Debt at highest level since the Global Financial
Crisis.
BOSTON, Oct. 5, 2023
/PRNewswire-PRWeb/ -- According to Data compiled by New Generation
Research's BankruptcyData, Bankruptcy Filings as of the end of
the Quarter ended September 31, 2023,
totaled 7518 year to date. This is the highest rate of bankruptcy
since 2020, up sharply from last year. The total number of filings
YTD in 2023 exceeds all filings for both 2021 and 2022, and is on a
pace which rivals the activity of 2020, itself was a record year
unequaled since the days of the Global Financial Crisis.
I think a legitimate 20,000ft assessment is
that sale proceeds are not hitting expectations, leaving top-level
secured creditors impaired and the game pretty evidently over as to
everyone else.
Even more telling, the pace of Public and Large Private company
filings has accelerated sharply in 2023 versus prior years (see
blue line in the chart below. So far in 2023, there have been such
filings versus 383 for all of 2022, an increase of over 70%, and
there are still three months to go in 2023. Also, the number of
companies doing a round trip to Bankruptcy court among public and
large private companies has risen markedly in 2023. Where last year
there were 20 Chapter 22 cases all year, so far in 2023 there have
been 21 repeat filers (2 of which are Chapter 33s).
The pace of filings has been trending upwards during the course
of the year as the graph below indicates. Filings per month peaked
in May but have remained substantially higher than early in the
year. The tenacity of higher interest rates and inflation seem to
be driving this increase.
FTLINGS BY STATE
Looking at jurisdictions by state and bearing in mind that 2023
numbers are YTD and compared in the table at right to full year
2022 numbers, California leads as
the state with the greatest number of filings, followed by
New York and Texas. Texas
and New York flipped their roles
relative to the previous year.
Every state is ahead of last year's total number of business
filings for the full year, and this pattern extends to all 50
states.
It is likely to be a banner year for bankruptcy professionals.
Of note is the increase in non-US jurisdictions, reflective of a
larger volume of Chapter 15 activity so far this year.
TOP INDUSTRIES EXPERIENCEING BANKRUPTCY FILINGS
The top 3 industries for Bankruptcy YTD in terms of filings are
in the Real Estate sector at 16.1%, Healthcare and Medical at 11.6%
and Construction and Supplies. This trio typically tops the list,
though the Healthcare industry share has increased in 2023 relative
to 2022. The top real estate filings so far in 2023 have both been
Chinese origin Chapter 15s, which by assets, represent the 2
largest filings of the year so far.
DISTRESSED SITUATIONS ARE ALSO ON THE RISE
BankruptcyData maintains a watchlist of companies exhibiting
signs of distress. As with business bankruptcy filings, we have
seen a clear increase in the volume of companies triggering our
screens. The number of distressed situations we are monitoring is
up 34% this year (2023 YTD) over the full year 2022.
PROFESSIONAL RETENTIONS
BankruptcyData publishes a quarterly update on professional
engagements and these following numbers refer only to debtor side
engagements. This last quarter the Top three Law Firms by retention
have been Pachulski, McDermott Will
& Emery, And Morris James. This includes local counsel
engagements.
Pachulski leads the Year-to-Date leaderboard as well, followed
by Young Conaway and Jackson Walker. Notable engagements for
Pachulski include Yellow Corporation, Amyris, Inc., PGX Holdings,
and Monitronics International.
Young Conaway's notable cases
include Capstone Energy, Amyris (as local bankruptcy counsel) and
Desolation Holdings (Bittrex) in the crypto sector.
Meanwhile Jackson Walker's largest
engagements included Diebold Holdings, Genesis Care, Envision Healthcare, National
CineMedia, and Diamond Sports Groups.
The most engaged Financial Advisors to date have been FTI,
Dundon and Alvarez and Marsal. FTI scored with Smile Direct, Yellow
Corporation, Western Global Airlines among others. Dundon
engagements were on the smaller end of the spectrum, with Lannett
Company being the largest case by Liabilities. Alvarez and Marsal
reaped fewer cases, but notable larger filings included Vice Media,
Envision Healthcare, Wesco Aircraft Holdings and PGX holdings. Had
the rankings been tabulated by Liabilities, A&M would have
topped the advisor league tables.
The top 3 investment banks YTD were Jefferies LLC with 9
engagements, Moelis & Company and Houlihan Lokey Inc. tied for
second with 8 each, and Guggenheim Securities, LLC with 7.
Jefferies top engagements included Qualtek Services, Benefytt
Technologies and Amyris, Inc. The Moelis engagements may have been
just shy of Jefferies, but arguably included larger filings,
including Venator Materials, Diamond Sports Group and Party City
Holdco, Inc. Houlihan Lokey
meanwhile tallied Sunac China Holdings, Yellow Corporation, Diebold
Holding Company and Genesis Care Pty Ltd.
Top cases for Guggenheim included Mallinckrodt' Chapter 22, Kidde-Fenwal Inc., and
the high-profile Bed Bath and Beyond case.
Interestingly, the largest case of the year so far, China
Evergrande Group, employed as of this writing no Investment Bank.
The highest approved fee applications this year for Investment
Banks went to Evercore Partners, who billed $26.75 million in court approved fees for their
work in 2022's Talen Energy Case.
Full league tables and fee application data are available on
BankruptcyData.com.
Of the environment this year, BankruptcyData's Head of Research,
Nick Montgomery noted, "There has
been a relative dearth of blockbuster filings, with most activity
in the middle market. One interesting trend is an anecdotal
increase in dismissal/conversion motions or orders filed over the
last two weeks. There have been seven, five of which relate to
post-asset sale debtors. The other two are illustrative of a hard
pragmatism we are seeing....where financing dries up, and patience
quickly runs out. As to the asset sales, I think a legitimate
20,000ft assessment is that sale proceeds are not hitting
expectations, leaving top-level secured creditors impaired and the
game pretty evidently over as to everyone else." ‥
Media Contact
James Hammond, New Generation
Research, Inc, 1 6175739550, jim@newgenerationresearch.com,
www.bankruptcydata.com
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SOURCE New Generation Research, Inc