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Chinese Bank Seeks Denial of Philadelphia Energy Solutions Bankruptcy Plan

Submitted by ckanon@abi.org on
A Chinese bank asked a federal judge to deny Philadelphia Energy Solutions’ initial bankruptcy requests, arguing that it should get priority over any insurance payouts after a June fire destroyed a section of the PES refinery, Reuters reported. ICBC Standard Bank PLC, which signed an agreement to buy PES’s crude and refined products just three days before the June 21 explosion and blaze, said PES owes it more than $300 million in early termination fees and other costs. The fire tore through an alkylation unit at the Girard Point section of the refinery, the largest on the U.S. Eastern Seaboard, scattering debris across nearby highways. At the time of the fire, the Chinese state-owned bank said it had $1.6 billion worth of crude and products stored at the 335,000 barrel-per-day Philadelphia plant, and the bank has not been able to get access to all of it. PES attempted to tap into $1.25 billion in property damage and loss of business insurance coverage, but its request was denied, the company said in court filings. By the time PES filed for bankruptcy, the company had only $45 million of cash in deposit accounts, which was ICBC collateral. The funds were not enough to pay for the extraction of inventory or wind down the facility. ICBC has asked the judge to reject the financing agreement, arguing that it would give the lenders an advantage over the company’s assets.

BofA Sides with Elderly Borrowers in Ditech Bankruptcy

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Bank of America has emerged as a champion of elderly borrowers in Ditech's second trip through bankruptcy, American Banker reported. The bank is siding with a growing list of groups, including the U.S. Trustee, attorneys general from several states and consumers, who object to Ditech’s plan to sell its reverse mortgage business. BofA, for its part, has warned that the sale could leave thousands of BofA’s elderly borrowers without promised services on their loans. The reverse mortgages are held by people with an average age of 81, and for many of them, the loan is their primary source of income. Some of the loans date from before the financial crisis. The loans are owned by BofA and serviced by Ditech's Reverse Mortgage Solutions Inc., which the company plans to sell to Mortgage Assets Management LLC. The latter company is affiliated with Waterfall Asset Management LLC. New York-based Waterfall focuses on investing in asset-backed securities, loans and private equity. The objection from BofA comes on top of separate complaints and objections from borrowers who oppose the bankruptcy plan; they say that Ditech is trying to sell its business to a new owner free-and-clear of their claims against the company for mishandling their mortgages. The U.S. Trustee has voiced similar concerns.

Analysis: Elizabeth Warren’s Private Equity Plan Seeks to Strip Industry of Riches

Submitted by ckanon@abi.org on
Elizabeth Warren wants to force private equity executives to eat their own cooking, and predictably, they aren’t thrilled, according to a Bloomberg analysis. The Democratic senator and candidate for president issued a proposal this week that would link the profits at private-equity firms to the success — or failure — of the companies they buy and sell. She also proposed limiting certain tax breaks. “It is more of an industry-destroying proposal,” said Steve Biggar, an Argus Research Corp. analyst who covers Blackstone Group Inc., Apollo Global Management LLC and KKR & Co. “If firms like Blackstone and KKR can’t do this in a free market, someone less regulated will pick up the slack.” Warren’s plan seeks to rein in private-equity firms, which she said often act like “vampires” in their acquisitions by “bleeding the company dry and walking away enriched even as the company succumbs.” The plan unveiled Thursday — called the “Stop Wall Street Looting Act” — has several Democratic co-sponsors, including her 2020 rival Kirsten Gillibrand of New York and House Democrats Ayanna Pressley of Massachusetts and Rashida Tlaib of Michigan. Warren is taking aim at an industry that’s booming. Investors have committed about $4 trillion to private equity in the last decade, according to Preqin data, and the money is continuing to pour in. Blackstone alone raised $88 billion in the first six months of this year. The plan drew a rebuke from the industry’s trade group. “Private equity is an engine for American growth and innovation — especially in Senator Warren’s home state of Massachusetts,” said Drew Maloney, president of the American Investment Council. “Extreme political plans only hurt workers, investment, and our economy.”
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Bernie Sanders Slams PE over Expected Hospital Closing

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Bernie Sanders has spent his political career touting a populist platform that decries any form of perceived Wall Street greed. The latest example came this week when the Democratic presidential hopeful visited Philadelphia to protest the planned closure of Hahnemann University Hospital, which offers a range of medical services for the city's poorest residents, Pitchbook.com reported. Speaking to about 1,500 hospital workers and other supporters, Sanders criticized Los Angeles-based investor Joel Freedman and his private equity firm, Paladin Healthcare. In 2017, Paladin and its portfolio company, American Academic Health System, bought the hospital and St. Christopher's Hospital for Children from Tenet Healthcare for a reported $170 million. MidCap Financial, the financing arm of Apollo Global Management, served as the lender, per reports. 

Deutsche Bank Slashes 18,000 Jobs in $8.3 Billion Overhaul

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Deutsche Bank AG unveiled a radical overhaul that will see the lender exit its equities business, post a 2.8 billion-euro ($3.1 billion) second-quarter loss and cut the workforce by a fifth to reverse a slide in profitability, Bloomberg News reported. Chief Executive Officer Christian Sewing will shelve the dividend this year and next and take restructuring charges of 7.4 billion euros through 2022 to pay for an overhaul that shrinks the German lender’s once-mighty investment bank along with its global footprint and key fixed-income business. The scale of the revamp underscores the failure of Sewing and his recent predecessors to solve the fundamental problem: costs were too high and revenue too low. After government-brokered merger talks with Commerzbank AG collapsed in April, the CEO had few alternatives to bolster market confidence. His plan was approved by the board at a meeting yesterday.

Analysis: How Apollo Salvaged a Grocery Buyout Gone Wrong

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Deutsche Bank AG and its co-lenders were staring at tens of millions of dollars in potential losses. The banks had promised to arrange loans to fund Apollo Global Management LLC’s buyout of discount grocer Smart & Final Stores Inc., which the private-equity firm planned to split in two, Bloomberg News reported. But worried about razor-thin margins and intense competition in the industry, many investors had shown little appetite in recent weeks for the riskiest part of the deal — a $380 million tranche tied to the company’s retail side. If the lenders couldn’t drum up interest, they’d be left on the hook for the financing. Smelling blood in the water, some funds began pitching deeply discounted offers. The banks’ confidence was wavering. Then, a huge order came in. It was from Apollo itself. In a rare move, the firm offered to buy about $100 million of the loan. While the lenders weren’t out of the woods yet, it spared them from having to swallow bigger losses.

Big Banks Face Less Stress in This Year’s Fed Tests

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The Federal Reserve is scheduled to release results of annual stress tests for big banks in two parts, one today, and the other on Thursday, June 27. The firms could have an easier time with the exams because the Fed for this year overhauled several components, including a test of how firms would fare under a hypothetical doomsday scenario, the Wall Street Journal reported. Each year, banks subject their balance sheets to doomsday scenarios envisioned by the Fed. This year, the central bank’s “severely adverse” scenario would see unemployment rising by more than 6 percentage points to 10 percent, with U.S. stocks declining by 50 percent and major stresses in the corporate lending and real-estate markets. After the Fed publishes the scenarios, banks run their own tests, which helps them determine how much capital they can return to shareholders while still remaining sufficiently capitalized under the hypothetical crisis. Eighteen banks, including JPMorgan Chase & Co., Bank of America Corp., Citigroup Inc. and Goldman Sachs Group Inc. will take the stress tests this year, compared with 35 last year. The Fed allowed firms with assets generally between $100 billion and $250 billion to skip this year’s tests under a new biennial schedule for those firms.

Commentary: Private-Equity Firms Are Raising Bigger Funds, But They Often Don’t Deliver

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Blackstone Group LP is in the final stretch of raising what would be the largest private-equity fund ever. Big funds, however, don’t necessarily translate into big returns, according to a Wall Street Journal commentary. The private-equity giant has capped its latest fund at around $25 billion amid strong demand. Collecting that would take the fund past the $24.6 billion record set by Apollo Global Management LLC in 2017. Others also are raising big funds: Advent International said earlier this month that it had raised a $17.5 billion fund, and software-focused Vista Equity Partners is raising a $16 billion vehicle. The rise of megafunds reflects the growing demand for private equity from large investors such as sovereign-wealth funds with hundreds of millions of dollars to put to work, according to the commentary. With interest rates still persistently low, the industry’s historical reputation for 20 percent-plus returns, is appealing — even if it means paying higher fees and having money locked up for long periods. The problem is that the largest funds haven’t always lived up to the hype. Taken together, private-equity funds of $10 billion or more posted 14.4 percent five-year annualized returns net of fees as of the end of last September, barely edging past the 14.1 percent return for the S&P 500, according to data from investment firm Cambridge Associates.