

News
August Small Business Filings Increase 63% Year Over Year
- General
Total Bankruptcy Filings Increase 8%
NEW YORK/ALEXANDRIA, Sept. 4, 2026 — Subchapter V elections within Chapter 11 rose to 302 filings in August 2026, up 63% from the 185 filings recorded in August 2025, according to data provided by Epiq AACER, the leading provider of US bankruptcy filing data.
Key August 2026 data include:
- 52,007 total bankruptcy filings, an 8% increase from August 2025 (47,965).
- 49,377 individual bankruptcy filings, a 9% increase from August 2025 (45,383).
- 30,930 individual Chapter 7 filings, a 10% increase from August 2025 (28,049).
“The August filing figures indicate that consumers and small businesses continue to navigate a challenging economic environment,” said Michael Hunter, Vice President of Epiq AACER. “The increase in Subchapter V elections reflects a growing preference for restructuring over liquidation as business owners seek practical solutions to manage debt and preserve value. As financial pressures persist, bankruptcy filings are likely to continue rising through 2026 and into 2027.”
In August 2026, there were:
- 18,335 individual Chapter 13 filings, a 10% increase from August 2025 (17,226).
- 2630 overall commercial filings, a 2% increase from August 2025 (2582).
- 623 commercial Chapter 11 filings, a 1% increase from August 2025 (618).
“Persistent cost pressures, restrictive credit markets, and ongoing geopolitical uncertainty continue to create challenges for consumers and small businesses facing economic distress,” said Amy Quackenboss, Executive Director at the American Bankruptcy Institute (ABI). “Congressional efforts to permanently increase the eligibility limits for both Subchapter V and Chapter 13 would create greater access for struggling businesses and families to access the restructuring tools they need to regain financial stability.”
Legislation introduced by Sen. Chuck Grassley (R-Iowa) last month passed the Senate to permanently increase the debt eligibility limit to $7.5 million for small businesses looking to restructure under the streamlined process of Subchapter V of Chapter 11. The legislation would also raise the debt limit for individual Chapter 13 filings to $2.75 million and remove the distinction between secured and unsecured debt for that calculation. The bill is currently before the House of Representatives, where companion legislation was previously introduced by Rep. Ben Cline (R-Va.) and was reported favorably for full House consideration earlier this year.
Comparing August 2026 numbers to the previous month’s totals:
- Subchapter V elections increased 28% from July’s total of 236.
- Total filings increased 5% from July’s total of 54,744.
- Individual filings increased 5% from July’s total of 51,929.
- Individual Chapter 7s decreased 5% from July’s total of 32,655.
- Individual Chapter 13s decreased 4% from July’s total of 19,155.
- Commercial filings decreased 7% from July’s total of 2815.
- Commercial Chapter 11 filings decreased 8% from July’s total of 676.
ABI partners with Epiq Bankruptcy to provide the most current bankruptcy filing data for analysts, researchers, and members of the news media. Epiq Bankruptcy is the leading provider of data, technology, and services for companies operating in the business of bankruptcy. Its Bankruptcy Analytics subscription service provides on-demand access to the industry’s most dynamic bankruptcy data, updated daily. Learn more.
About Epiq
Epiq, a technology and services leader, takes on large-scale and complex tasks for corporations, law firms, and the courts by integrating people, process, technology, and data intelligence. Clients rely on Epiq to streamline legal, compliance, and settlement administration workflows to drive efficiency, minimize risk, and improve cost savings. With a presence in 17 countries, our values define who we are and how we partner with clients and communities. Learn how Epiq and its 4000 people worldwide create meaningful change at epiqglobal.com.
About ABI
ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. 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 on ABI, visit www.abi.org. For additional conference information, visit http://www.abi.org/calendar-of-events.
Press Contacts
John Lute
Senior Director, Marketing, Epiq
John.Lute@epiqglobal.com
John Hartgen
Public Affairs Officer, ABI
jhartgen@abi.org