What's Inside

The US retail industry is in an era of unprecedented disruption and transformation. Following a large number of bankruptcy filings by traditional retailers in 2018 and 2019, retail failures have continued apace in 2020 and year-to-date 2021.

It is therefore increasingly important for retailers to understand updates to the US Bankruptcy Code—including the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) and the Small Business Reorganization Act (SBRA).

In this report, we discuss updated US bankruptcy laws and analyze their impact on retail bankruptcy outcomes in detail. We also provide a review of 2020 and year-to-date 2021 retail bankruptcies.

Contents (Click to navigate)

What’s the Story?

Why It Matters

How Changes in US Bankruptcy Laws Impact Retailers: A Deep Dive

Changes to BAPCPA Legislation

Analysis of Bankruptcy Outcomes

Proposed Chapter 11 Bankruptcy Reforms

Recent Amendments in the US Bankruptcy Code Supports Smaller Retailers

How Bankrupt Retailers Can Improve Their Prospects for a Successful Turnaround

A Review of 2020 and Year-to-Date 2021 Major Retail Bankruptcies

What We Think

Implications for Retailers and Brand Owners

Implications for Real Estate Firms