Market Update & Restructuring

Rising Bankruptcies: Three Questions Before You Approve Your 2027 Budget

Which cash assumptions must hold? What happens if they don't? And when would management act?

4 min read
United States

Article Details

Type

Market commentary

Audience

Business owners, boards, lenders, and financial leaders

Reviewed By

Neil MassaDennis WilkesErik MortonLouis R. Dienes

CMBG Restructuring & Fiduciary Services Team

Publication

Published

October 28, 2026

Updated

Coverage

Business BankruptcyCash FlowBoard OversightYear-End Planning
Explore Turnaround Advisory

Important Scope Note

Insolvency decisions carry significant legal and personal-liability consequences and depend heavily on specific facts. Please contact us before acting.

Article Summary

Before approving your 2027 budget, test whether the business can handle slower customer payments or delayed financing—and decide what would trigger action. Ask for three things: the cash assumptions the plan depends on, the funding gap if those assumptions fail, and a clear timetable for responding.

Article Section

Why Ask These Questions Now?

U.S. business bankruptcy filings for the 12 months ending September 30: 13,125 in 2022; 17,051 in 2023; 22,762 in 2024; 24,039 in 2025; and 27,054 in 2026. The vertical axis starts at zero. Source: U.S. Courts, October 22, 2026.

The October 22 release from the U.S. Courts reports 27,054 business bankruptcy filings in the 12 months ending September 30, 2026, up from 24,039 a year earlier—a 12.5% increase. The chart compares the same September-ending period in each year, not filings during September alone. Table F-2 provides the underlying business and nonbusiness breakdown.

That increase cannot tell you whether your company—or a customer—will fail. A filing count is not a business failure rate. Our takeaway is narrower: as owners and boards prepare next year's budgets, they should challenge the payment and financing assumptions that could leave the business short of cash. The three questions below turn that concern into a concrete planning discussion.

Article Section

1. Which Cash Assumptions Must Hold?

An annual profit target does not show whether cash will be available on the day payroll, rent, or debt service comes due. Ask the finance team to identify the receipts and financing events that make the budget work, including:

  • Customer collections: which large payments are expected, on what dates, and how those dates compare with the customer's actual payment history.
  • Financing: which facilities are available now, which commitments have conditions, and which extensions or new funds are still only under discussion.
  • Asset sales or other one-time receipts: what must happen before the company can actually use the proceeds.

For each material assumption, record the amount, expected date, supporting evidence, and person responsible for confirming it. Keep an expected receipt separate from cash already available. The distinction between reported value and usable cash also underlies our discussion of private credit and the test of repayment.

Practical Takeaway

Ask for a short list of the assumptions that matter most—not another version of the annual income statement.

Article Section

2. What Happens If Those Assumptions Fail?

Now move the dates. What if a major customer pays later, a refinancing takes longer, or an asset sale does not close when expected? Run those changes through a weekly cash forecast. The useful answers are how much funding would be needed, when it would be needed, and whether a credible source is available.

Consider a hypothetical example, not a CMBG case: the forecast assumes a customer pays before payroll, but the payment arrives two weeks late. If the receipt still falls within the same quarter, quarterly revenue may look unchanged while the company faces an immediate cash shortfall. The question is not simply whether the customer will eventually pay. It is how the business meets its obligations in the meantime.

A cash-runway calculator can help illustrate a simplified downside scenario. It cannot establish solvency or replace a company-specific forecast with dated obligations, cash restrictions, and financing conditions. Test assumptions against actual collections and spending as new information arrives.

Practical Takeaway

A useful downside case identifies a cash gap and a date. An annual percentage reduction in revenue, by itself, does neither.

Article Section

3. When Would Management Act?

A downside forecast is incomplete without a response. Before the budget is approved, agree on the developments that would require management to revisit the plan and report to the board. Examples to evaluate with the company's advisors include:

  • A financing commitment remains unresolved at the date needed to complete an alternative plan.
  • Actual collections fall behind the forecast enough to threaten an upcoming obligation.
  • Projected cash falls below a company-specific operating cushion agreed with the appropriate advisors.

These are planning prompts, not universal thresholds or legal tests. Each trigger needs a named owner, a reporting date, and a defined next discussion. That might mean reassessing spending, discussing financing with a lender, or seeking turnaround advisory support—not automatically choosing a bankruptcy or sale process.

The point of the filing data is not that your business will be next. It is that a budget should include a response if the assumptions supporting it stop holding. Before approving the 2027 plan, ask management to show the critical cash assumptions, the downside funding gap, and the agreed triggers for action. If that exercise exposes an unresolved shortfall, contact CMBG to discuss the facts before acting.

Behind this resource

About the authors

Jim Baer

Jim Baer

Founder & CEO

Jim Baer founded CMBG Advisors and advises boards, executives and business owners on corporate restructuring, financing, mergers and acquisitions, and corporate securities matters. His experience combines legal practice with executive leadership and strategic business advisory.

Lisa Van Eyssen

Lisa Van Eyssen

Executive Vice President, Head of Administration

Lisa leads CMBG's restructuring specialists and serves as the day-to-day executive contact for clients. Her work spans asset sales and liquidations, creditor claims and distributions, landlord negotiations, and employee and tax matters.

Reviewed by

CMBG Restructuring & Fiduciary Services Team

Neil Massa

Neil Massa

Chief Operating Officer, Head of Sales & Marketing

Neil leads CMBG's investigators and recovery specialists, overseeing wind-downs, asset sales, liquidations, and inventory and records management. His background includes more than 35 years in law enforcement and directing forensic investigations involving asset diversion and fraudulent transfers.

Dennis Wilkes

Dennis Wilkes

Head of Information Technology

Dennis brings more than 25 years of IT consulting experience with small businesses, large campuses and municipal facilities. He works across Mac and Microsoft environments, including network configuration and security.

Erik Morton

Erik Morton

Strategic Partner — New York

Erik brings deep expertise in SaaS and ecommerce transactions to CMBG's strategic network. Based in Albany, he extends the firm's reach across the Northeast, advising on founder liquidity events, roll-up strategies, and structured transactions for technology companies navigating growth and transition.

Louis R. Dienes

Louis R. Dienes

Strategic Partner — San Diego

Louis is a seasoned M&A attorney with more than two decades of experience handling mergers, acquisitions, and divestitures in technology and other growth industries. He has represented clients in more than $10 billion of concluded transactions, including complex domestic and cross-border deals. His partnership with CMBG strengthens the firm's transactional and restructuring capabilities across Southern California and beyond.