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Linn Energy Wins Bankruptcy Judge’s Approval of Backstop Agreement

Submitted by jhartgen@abi.org on

Creditors helping Linn Energy LLC raise $530 million in fresh capital to fund its restructuring stand to collect more than $20 million in fees for their efforts, Wall Street Journal Pro Bankruptcy reported yesterday. Bankruptcy Judge David R. Jones on Monday signed off on a deal between the oil and gas explorer and the bondholders that have agreed to buy unsold shares in a future sale of $530 million in new stock in the restructured company. Linn previously said in court papers that the fees were necessary to secure the commitments from certain junior bondholders and unsecured bondholders to backstop the stock sales. The success of its restructuring and future viability would be jeopardized if this agreement fell apart, Linn warned. Linn sought chapter 11 protection in May, one of dozens of oil and gas explorers to turn to bankruptcy as commodities prices took a nosedive. Through its restructuring, the Houston company is hoping to cut more than $5.7 billion off a debt load that tops $8 billion. Read more. (Subscription required.) 

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Fed’s Neel Kashkari Rolls Out Blueprint for Ending “Too Big to Fail” Banks

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Federal Reserve Bank of Minneapolis President Neel Kashkari today recommended a hefty increase in capital requirements for the country’s biggest financial institutions, a de facto call for breaking up the big banks, the Wall Street Journal reported. The recommendations are part of a 50-page report that comes after a nearly yearlong effort by Kashkari to explore ways to end the problem of “too big to fail” banks, which could leave taxpayers on the hook if the financial system were to come under threat again. Kashkari said that if his “Minneapolis Plan” is implemented, “We will have fewer mega banks, and there will be far less concentration in the banking system….If there are any [too big to fail] banks left, they will be so well-capitalized that their risk of failure will truly have been minimized.” The consequences of the report, which is being sent to policymakers and to Congress, are unclear. President-elect Donald Trump stirred up anti-Wall Street sentiment but has also called for dismantling the 2010 Dodd-Frank regulatory-overhaul law that imposed tougher rules for the financial system. Kashkari’s plan calls for banks with more than $250 billion in assets to hold common equity equivalent to 23.5 percent of risk-weighted assets. The equivalent leverage ratio would be 15 percent.

American Apparel Founder Says Company Couldn’t Survive Without Him

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American Apparel Inc. founder Dov Charney, who was ousted by his own board for misconduct in 2014, said the retailer’s latest bankruptcy filing shows that the company can’t stay afloat without him, Bloomberg News reported yesterday. The largest producer of American-made clothing filed for bankruptcy yesterday, just nine months after ending its first stint under court protection. Even with an injection of cash and a reduction in debt, a turnaround plan led by Paula Schneider, who replaced Charney as CEO, failed to revive American Apparel’s fortunes. The Los Angeles-based company plans to sell itself at auction to Gildan Activewear Inc., which has a leading offer of $66 million. Gildan will continue selling American Apparel’s basics, like plain T-shirts, to screenprinters and promotion companies. But the bid doesn’t include American Apparel’s almost 200 stores, so if it lives on as a consumer-facing brand under Gildan, it would have to be sold through other retailers. Read more

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Analysis: Audit of U.S. Stress Test Ready, May Aid Dodd Frank Overhaul Fight

Submitted by jhartgen@abi.org on
An independent study of the financial costs and benefits of Wall Street “stress tests” could be released as soon as today and may strengthen calls to reform U.S. banking rules, Reuters reported. The Federal Reserve conducts a review each year of how the largest U.S. banks might fare during a financial crisis and the Government Accountability Office has been studying that work for two years. The report will suggest about 15 ways that the Federal Reserve would be able to improve the openness of its yearly review and reduce some of the regulatory burden. Rep. Jeb Hensarling (R-Texas), the chairman of the House Financial Services Committee, asked for the study in September 2014 and has urged the Fed to cooperate. In May, Hensarling wrote to Fed Chair Janet Yellen, saying the central bank's annual reviews "lack transparency" and the stress tests might be too driven by global banking standards. The annual stress tests are part of the Dodd Frank financial reform legislation of 2010.
 

Regents Approve Purchasing Asarco Site for UTEP

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A large piece of property northwest of Downtown El Paso that used to belong to Asarco will soon become a part of the University of Texas at El Paso, USA Today reported yesterday. The University of Texas Board of Regents approved opening negotiations to purchase the 458-acre parcel for about $17 million. Some of the land is east of I-10 in the mountain area where the Miner soccer and softball fields are. The other portion of the land is across the freeway from UTEP, where the Asarco smokestack used to be. The parcel is desirable to the university because the campus is landlocked by businesses along Mesa Street to the east and by mountains to the northwest. University of Texas System officials should complete the purchase of the site in the next 30 to 60 days, and it’s not clear yet when the university’s new land will be developed. The Asarco site has a long, turbulent history in El Paso. A smelting plant started operations there in 1887. In 2005, Asarco, which then owned the El Paso smelter and scores of other polluted sites around the country, filed for bankruptcy.

Op-Ed: Trump May Not Be Able to Save U.S. Coal Miners

Submitted by ckanon@abi.org on
Donald Trump's election has thrown an apparent lifeline to beleaguered coal producers but he may not be able to do much to revive the fortunes of the industry, according to commentary published yesterday by Reuters. The U.S. coal industry has been a victim of the shale revolution and the enormous quantities of cheap gas that have been unleashed by hydraulic fracturing and horizontal drilling. There is not much that a future Trump administration can do to protect coal producers, who have mostly been the victim of economic forces rather than politics and the Obama administration's "war on coal.” U.S. coal production has fallen by almost a quarter from 1,171 million short tons in 2008 to just 897 million short tons in 2015, according to the U.S. Energy Information Administration.

ChinaCast Files for Bankruptcy to Pursue Embezzlement Claims

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College e-learning firm ChinaCast Education Corp. said that it has filed for chapter 11 to pursue claims of embezzlement against former executives while shielding itself from a class action lawsuit by investors, Reuters reported yesterday. The filing with in bankruptcy court came a day after a district court awarded ChinaCast investors $65.8 million in damages in a class action accusing the firm of failing to disclose an embezzlement of company assets. ChinaCast was one of hundreds of Chinese companies that entered the U.S. stock markets during the last decade through a reverse merger, a short-cut for going public by taking over a publicly traded company. ChinaCast, which is currently winding down its business, disclosed in May 2012 that it had been the victim of a financial fraud by company insiders. In its bankruptcy filing, the company said its chapter 11 plan would establish a litigation trust to try to recover the embezzled funds. ChinaCast went public in the U.S. in 2006 and traded on the NASDAQ exchange from 2007 until it was delisted in 2012 for failing to file its annual report.

Judge Fines D.R. Horton $16 Million Over HOA Management

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One of the country’s largest home builders was fined $16.3 million by a bankruptcy judge who said its employees mismanaged a homeowner association’s finances at a Florida neighborhood and illegally cut services during the housing crisis, The Wall Street Journal reported yesterday. In his 52-page ruling, Judge A. Jay Cristol said that D.R. Horton Inc. engaged in “immoral, unethical [and] oppressive” behavior when it manipulated the homeowner association budget for Majorca Isles, a 355-condo development in Miami Gardens. The association filed for bankruptcy in 2012. The ruling put a spotlight on the power that home builders have in setting up homeowners associations successfully operate after construction is complete. The damages money is likely to go toward the homeowners association’s finances, said Barry Mukamal.