Full Service Law Firm in Mt. Laurel Township, NJ | Capehart Scatchard

Articles

Articles › The Number of Bankruptcies Is Soaring in 2025. Consider Taking Steps to Protect Your Rights as a Creditor.

The Number of Bankruptcies Is Soaring in 2025. Consider Taking Steps to Protect Your Rights as a Creditor.

October 10, 2025
By Alan P. Fox, Esq.

By: Alan P. Fox, Esq.

The number of individuals filing for bankruptcy has significantly increased in 2025, reflecting growing financial pressures and pessimism among Americans about their economic security, the American Bankruptcy Institute (ABI) reports. According to a report from the ABI, there were 249,152 individual Chapter 7 bankruptcy filings during the first nine months of 2025. This represents a 15% increase over the 216,773 filed in the same period in 2024.

Business bankruptcy filings also increased in 2025. The Administrative Office for the United States Bankruptcy Court reports that business filings rose 4.5%, from 22,060 to 23,043 in the year ending June 30, 2025. Non-business bankruptcy filings rose 11.8% to 519,486, compared with 464,553 in the previous year.

If you own a business and extend credit to your customers, you have certain rights as a creditor (whether as a secured creditor or unsecured creditor) under the Bankruptcy Code. Exercising certain creditor’s rights pre-bankruptcy defines how your claim will be treated during a bankruptcy case. All collection efforts must stop once the debtor files for bankruptcy protection. Navigating through a bankruptcy case and affirmatively protecting your rights as a creditor in a bankruptcy case is complicated. Our firm offers experienced attorneys that focus on creditor’s rights, including pre-bankruptcy strategies, collection of unpaid receivables and protection of creditor’s right during a bankruptcy case.

You may contact me at afox@capehart.com to discuss methods to improve and protect your rights as a creditor should your customer experience financial hardship or in the event you received notice a customer has filed for bankruptcy protection.

About the Author:

Alan P. Fox

Chair, Alternative Energy and Co-Chair, Real Estate & Land Use Practice


Mr. Fox focuses his practice on alternative energy (including wind and solar), banking, bankruptcy, creditors’ rights, workouts, commercial and transportation litigation, commercial transactions, business/corporate law, commercial and residential real estate, zoning and land use law.

Mr. Fox has developed his practice in the areas of commercial litigation, commercial transactions, bankruptcy, business law, real estate, real estate tax appeals, renewable energy law, zoning and land use law. He represents both lenders and borrowers in commercial lending. He has over 30 years of experience presenting land use applications before zoning and planning boards, including 8 years as the solicitor for the Riverside Township Land Use Board. He has litigated zoning matters at the appellate level. He successfully won a railroad condemnation case for a Class 1 railroad before the NJ Supreme Court.

His commercial real estate practice covers shopping centers, restaurants, retail, office buildings, manufacturing, warehouses and residential developments, as well as net metering and community solar energy projects. He navigates his clients through the local, county and the state regulatory permits and approvals process.

Currently, his alternative energy practice has expanded into transactions related to and obtaining zoning approvals for photovoltaic solar electric production systems in New Jersey, as well as transactional documents for solar projects including options and purchase agreements, easements, PPAs and related documents. His alternative energy practice is expanding into more growth opportunities including electric vehicle charging stations, development of the Offshore Wind industry and battery storage for alternative energy projects.

Mr. Fox’s commercial litigation experience covers a wide variety of industries, including banking, landscape, manufacturing,  construction, automotive retail, real estate development, wholesale floral and solar energy projects. He also assists creditors with collections under notes and loan agreements, security agreements, mortgage foreclosure, replevin or assignments of rents. His representation of creditors in the bankruptcy court includes negotiating cash collateral agreements, stay relief motions, defending preference actions, non-dischargeability issues, rejection/assumption of executor contract or lease issues.

Subscribe to Blog Updates

Capehart Blogs

Categories

Share