The 281 commercial subchapter V elections within chapter 11 in May 2026 represented a 36% increase over the 207 filings recorded in May 2025, according to data provided by Epiq AACER, according to the American Bankruptcy Institute (ABI). 

Key May 2026 data include:

- 51,772 total bankruptcy filings, a 7% increase from May 2025 (48,279).

- 48,918 individual bankruptcy filings, an 8% increase from May 2025 (45,473). 

- 31,668 individual chapter 7 filings, a 10% increase from May 2025 (28,680). 

“The May data reflects a continued but measured uptick in bankruptcy activity, particularly among small businesses,” said Michael Hunter, vice president of Epiq AACER. “The trend highlights the cumulative impact of elevated interest rates, persistent inflation, and higher operating costs. As access to affordable credit remains constrained, more businesses and consumers are turning to restructuring tools to stabilize and reset financially.”

In May 2026, there were:

- 17,146 individual chapter 13 filings, a 3 % increase from May 2025 (16,685).

- 2,806 overall commercial filings, a 0.1% decrease from May 2025 (2,806). 

- 684 commercial chapter 11 filings, a 7% decrease from May 2025 (739). 

- 29 chapter 12 filings, a streamlined restructuring designed specifically for family farms and fisheries, a 7% increase from May 2025 (27). 

“Elevated costs, expensive credit and geopolitical instability continue to put pressure on households and businesses,” said ABI Executive Director Amy Quackenboss. “Bankruptcy offers a proven process for businesses and families to reduce debt and move forward financially.” 

Comparing the May 2026 numbers to the April 2026 totals, only commercial chapter 11 filings registered an increase. 

- Commercial chapter 11 filings increased 6% from April’s total of 646.

- Total filings decreased 8% from April’s total of 56,443.

- Individual filings decreased 8% from April’s total of 53,359.

- Individual chapter 7s decreased 10% from April’s total of 35,222.

- Individual chapter 13s decreased 5% from April’s total of 18,002.

- Commercial filings decreased 9% from April’s total of 3,084.

- Subchapter V elections decreased 6% from April’s total of 300. 

- Chapter 12 filings decreased 53% from March’s total of 62.

ABI has partnered with Epiq Bankruptcy to provide the most current bankruptcy filing data for analysts, researchers, and members of the news media. 

The ABI membership includes nearly 10,000 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists, and other bankruptcy professionals, providing a forum for the exchange of ideas and information. For additional information about ABI, visit www.abi.org.

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