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Distressed-Debt Investors See Meager Returns in 2017 Amid Scarcity of Opportunities

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Distressed-debt funds are about to close out the year with meager returns as junk bond and leveraged-loan investors continued to bail out many troubled companies, WSJ Pro Bankruptcy reported. Average returns for hedge funds focusing on distressed debt fell to 4.7 percent year-to-date, from 15.15 percent during the same period of 2016, according to Hedge Fund Research. Funds that focus on investing in distressed companies suffered from a scarcity of traditional investing opportunities as even many troubled companies found debt investors to rescue them. Moreover, investments in the distressed debt of many oil and gas companies — which fueled high returns in 2016 — went the other way in 2017 as those companies’ shares slumped after exiting bankruptcy. Buying up the debt of energy companies that filed for bankruptcy under mountains of debt as oil prices crashed in 2015 paid off in double-digit returns for many funds in 2016. But that trade contributed to losses in 2017 when reorganized companies emerged from bankruptcy only to see their shares slump in the stock market. The shares of Penn Virginia Corp. and SandRidge Energy Inc., for example, are down 32 percent and 22 percent, respectively, so far this year.

Court Reverses Dell Buyout Ruling that Alarmed Dealmakers

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Delaware’s Supreme Court ruled yesterday that a lower court erred in finding that the 2013 buyout of computer maker Dell Inc. was vastly underpriced, in an opinion that will likely restrict a hedge fund strategy aimed at wringing cash from mergers, Reuters reported. Yesterday’s ruling stems from an “appraisal” lawsuit that allowed Dell shareholders who opposed the $24.9 billion buyout to ask a judge to determine the fair value of their stock. Last year, a Delaware Court of Chancery judge ordered Dell to pay Magnetar Capital and other Dell investors $17.62 for each of their 5.5 million shares, well above the $13.75 per share deal price paid by Michael Dell and Silver Lake Partners. The Supreme Court said Vice Chancellor Travis Laster abused his discretion by rejecting the deal price as a way to measure the fair value of Dell stock.

Ambac Debt Swap on Schedule Despite Puerto Rico Unknowns

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A U.S. bond insurer moved a step closer to executing a proposed $5 billion restructuring deal designed to solve a cash crunch that dates to the U.S. housing bust, WSJ Pro Bankruptcy reported. A Wisconsin judge has paved the way for Ambac Assurance Corp. to offer up the proposed transaction for court approval early next month, overruling a group of dissident hedge funds who wanted the proceedings delayed. Regulators seized part of Ambac’s business in 2010 to contain the damage from insurance policies on real estate securities and derivatives that had imploded along with the housing market. Now Ambac has developed a proposal to wind up its bad bank, also known as the segregated account, and end the state-supervised rehabilitation after eight years. The transaction would exchange $3.8 billion in deferred policy claims and $1.2 billion in surplus notes for a combination of cash and debt worth 93.5 cents on the dollar. But Cyrus Capital Partners LP, Polygon Global Partners LLP and Taconic Capital Advisors LP have accused Wisconsin’s Office of the Commissioner of Insurance of underestimating future losses on Puerto Rico bonds, which could undermine the economics of the deal.
 
For updated news and analysis of Puerto Rico's debt crisis, along with current docket filings in Puerto Rico's case, be sure to visit ABI's "Puerto Rico in Distress" webpage.

 

Puerto Rico Bondholders Are Fighting to Know What Island Even Spends

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Puerto Rico’s effort to persuade bondholders to forgive a big chunk of its $74 billion of debt has been stalled by a major stumbling block: The government’s murky finances have left neither side entirely certain about how much it can afford to pay, Bloomberg News reported. The most recent annual financial statements are for 2014. Computer systems spanning dozens of departments don’t talk to each other. Independent agencies either can’t, or won’t, provide details about how they use taxpayer funds. Even the island’s fiscal recovery plan sets aside an extra $600 million a year to cover expenses that the government might not know about. At a court hearing this month, bondholders complained that Puerto Rico was withholding key information during negotiations and urged a federal judge to force the U.S. territory to turn it over. A federal judge yesterday sided with general-obligation bondholders, including Aurelius Capital Management LP and Monarch Alternative Capital LP, which have complained for months that the government and a federal oversight board have not given them enough access to basic spending information. The board and the government had argued that they don’t have some of the information being demanded and that other data was being withheld because commonwealth officials say creditors don’t have a right to it.
 
For updated news and analysis of Puerto Rico's debt crisis, along with current docket filings in Puerto Rico's case, be sure to visit ABI's "Puerto Rico in Distress" webpage.

Wilbur Ross Sued Over Fees By Firm’s Former Executives

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Commerce Secretary Wilbur L. Ross and the firm he founded were sued by three of his former colleagues who say WL Ross & Co. pocketed management fees from the general partnerships that handled its private-equity investments, the Wall Street Journal reported today. The lawsuit, filed yesterday in New York State court, claims that WL Ross covertly took management fees from general partner entities that the investment firm was only allowed to charge to passive, outside investors. David Storper, David Wax and Pamela Wilson said in the lawsuit they were required to invest their own money in return for stakes in those general partnerships, which they retained after leaving the firm. They said that their partnership interests were a “significant part” of their compensation packages but were diluted when the firm took fees it wasn’t entitled to. “These charges are barred by the limited partnership agreements governing the private-equity funds,” the lawsuit said. “The agreements allow management fees to be charged to fund investors, not the general partners.” The plaintiffs claim WL Ross reaped at least $48 million in management fees from the general partnerships that were “completely concealed” until the firm disclosed them on capital statements last year.

Hedge Fund Mulls Throwing Weinstein Co. a $35M Lifeline

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The Weinstein Co. may soon be turning the page to chapter 11, and sources close to the embattled Hollywood studio co-founded by Harvey Weinstein said yesterday that a deep-pocketed hedge fund will decide early next week whether to throw it a lifeline — or possibly let it file for bankruptcy, The New York Post reported yesterday. In addition to a $35 million bridge loan that would save the Weinstein Co. from going under, Fortress Investment Group is considering extending a debtor-in-possession loan in a prospective bankruptcy scenario, a source close to the situation said. Deadline.com reported Wednesday that Fortress, an investment firm, was on “the 1-yard line” about providing a loan that would keep Weinstein Co. afloat through the rest of the year. Other sources, however, called that characterization overly optimistic. On Wednesday, the Weinstein Co.’s exclusive talks to sell part or all of its business to Colony Capital, the fund controlled by billionaire Trump backer Thomas Barrack, ended without a deal. Sources note the Weinstein Co. was in bad financial shape well before last month, when co-founder Harvey Weinstein was accused of sexual harassment and worse by dozens of women.

SEC’s Clayton Urges Review of Shareholder Voting

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The Trump administration’s top securities regulator yesterday urged a review of how shareholders weigh in on public companies’ executive pay proposals, board of director nominees and contentious issues raised by activist investors, the Wall Street Journal reported today. Securities and Exchange Commission Chairman Jay Clayton told a New York legal conference that retail-investor participation in such elections is so low that it “may be a signal that our proxy process is too cumbersome and needs updating.” Clayton, who took over the commission in May, said that he would seek public input on how to overhaul the proxy-voting system. Clayton, a political independent, called out one particular weapon in the proxy tool kit: shareholder proposals. Under SEC rules, shareholders who own at least $2,000 worth of company stock can submit corporate-governance proposals for a vote. Stock-exchange operator Nasdaq Inc. and many public companies say that low threshold allows dissident shareholders and critics to impose proposals on the entire investor base.

Tightening Carried-Interest Loophole May Not Choke Private-Equity Firms After All

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An amendment on Monday to the tax bill winding its way through the U.S. House of Representatives appears to fulfill President Donald Trump’s promise to close the so-called carried-interest loophole private-equity firms enjoy while also preserving many of the benefits they derive from it, the Wall Street Journal reported. Since his days on the campaign trail, Trump has made repeated pledges to tax investment gains known as carried interest as ordinary income, which would do away with a rule allowing investment managers to pay a lower rate on a substantial portion of their compensation. Private-equity firms have pushed back, arguing that paying the lower long-term capital gains rate affords them an incentive to take investment risks that benefit the economy. Monday’s changes to the bill by House Ways and Means Committee Chairman Kevin Brady (R-Texas) would extend the period over which firms must hold an asset before it is eligible for the long-term capital gains rate, to three years from one. While that may hurt some hedge funds, private-equity firms, which tend to hold assets for longer, would be largely unaffected.