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Bond Insurers Prepare for the Worst in Puerto Rico

Submitted by jhartgen@abi.org on

Three major bond insurers are bracing for the possibility of a historic payout if Puerto Rico defaults on debt due today, the Wall Street Journal reported. Puerto Rico Gov. Alejandro García Padilla yesterday reiterated statements that the commonwealth cannot afford to make the payment and cited an April law that allows Puerto Rico to temporarily stop paying bond debt. García Padilla has long said that the island would not be able cover the July 1 payment of nearly $2 billion. That could trigger as much as hundreds of millions in payments from insurers Ambac Financial Group, National Public Finance Guarantee Corp. and Assured Guaranty Ltd. to cover principal and interest, in what would be the biggest insurer payout to date in Puerto Rico. It isn’t yet known how likely this worst-case scenario is since it is unclear just how much the insurers will have to pay. In some cases, the reserve funds set aside by Puerto Rico could cover payments. Analysts said the ultimate impact will be limited because all three insurers have money set aside for such claims and their share prices have already suffered because of Puerto Rico’s troubles. Insurers also agree to pay only the amount due on the day it is due, not to accelerate payment on the defaulted bonds. Read more. (Subscription required.) 

For more news and analysis of Puerto Rico's debt crisis, be sure to visit ABI's "Puerto Rico in Distress" webpage

Chicago Public Schools Set to Make $669 Million Pension Payment

Submitted by jhartgen@abi.org on

Chicago Public Schools has to pay $669 million to the teachers' pension fund by today, and after that it's not clear how much the district will have left in its budget for day-to-day expenses, the Chicago Tribune reported. CPS has warned investors and aldermen since the beginning of the year that the pension payment will leave the district with a barrel-scraping $24 million — enough cash to cover less than two days of business. But CPS said on Tuesday that its short-term cash picture "modestly improved" after a series of cost-cutting measures in the last school year that included unpaid furlough days and sharp reductions in per-pupil spending. The district, which has threatened drastic cuts in the coming school year without state intervention, said that it would issue a preliminary update to its cash position after making the pension payment today. With its fiscal year ending on the same day the pension payment is due and without a proposed budget for the coming year, CPS will have to get through July with the borrowed money it has on hand until it receives roughly $1.1 billion in property tax revenue due by August.

Atlantic City, N.J., Hires Lawyers to Restructure Debt

Submitted by jhartgen@abi.org on

Atlantic City, New Jersey's fiscally distressed gambling hub, has hired public finance attorneys to restructure some of its $240 million of outstanding bond debt, Mayor Don Guardian said on Tuesday, Reuters reported yesterday. New Jersey law firm McManimon, Scotland & Baumann will work on reducing the city's debt load, much of which it took on to pay back casinos that won property tax appeals. City officials are meeting with the firm this week, Guardian told residents in a meeting on Tuesday. The city's fortunes have faded as gambling competition in neighboring states cut into its casino industry and eviscerated its property tax base. Under new state legislation passed in May, Atlantic City has until October to craft a recovery plan or face a possible state takeover.

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Commentary: PROMESA's Shortsighted Reaction to Puerto Rico's Woes

Submitted by jhartgen@abi.org on

Having already defaulted multiple times over the past several months, the Puerto Rico faces more debt per capita than any U.S. state, according to a commentary on Realclearpolitics.com. While the average debt to GDP ratio of the fifty states is 7.2 percent, Puerto Rico’s is approximately 70 percent as the territory grapples with a 45 percent poverty rate and an economy that has shrunk by 10 percent over the past decade. Some have fomented a simplistic narrative that pits Puerto Rico’s government versus “greedy” hedge funds. But this neglects not only the direct impact on the 9 million Americans who have a portion of their retirement savings invested in the island’s bonds, but also the detrimental impact on Puerto Rico’s economic future — and broader consequences for borrowing costs across the country, according to the commentary.

Puerto Rico Relief Measure Clears Senate, Goes to Obama

Submitted by jhartgen@abi.org on

Just two days before Puerto Rico plans to default on a large debt payment, the Senate yesterday passed and sent to the White House a relief measure to help the financially desperate island surmount its fiscal crisis, the New York Times reported today. The Senate, eager to follow the House out of town for a long Fourth of July weekend, voted 68 to 30 for the legislation on Wednesday evening after a test vote that morning showed by a wide margin that critics in both parties did not have the numbers to block passage. President Obama will sign the measure, which his Treasury secretary, Jacob J. Lew, had negotiated and lobbied for since December. The rescue package will not prevent Puerto Rico from missing the payment due on Friday on a $2 billion debt, and Republican congressional leaders labored to the end to reassure conservatives that the bill is not a bailout. Instead, the legislation would allow the island’s government to restructure its $72 billion total debt so it can manage payments, and create a bipartisan oversight board mostly of outsiders to guide what is sure to be a painful recovery process. Crucially, given the imminent missed debt payment, the bill also would bar lawsuits by creditors for nonpayment retroactive to December — to provide Puerto Rico “the breathing room,” as Lew put it, for its government and the control board to restructure the crippling debt and devise a new budget plan. Read more

In related news, Puerto Rico has suffered a population slide that is steeper and more financially disastrous than in any U.S. state since the end of World War II, according to a Wall Street Journal analysis. An exodus of workers, retirees and entire families has shrunk Puerto Rico’s population by more than 9 percent in the past decade to less than 3.5 million, magnifying the territory’s inability to repay its $70 billion in debt. A decade-long recession has left one in nine residents out of work and roughly half dependent on the cash-strapped government for health care. Net migration to the U.S., where Puerto Ricans can move with no restrictions, was 250,000 so far this decade. The island’s labor force shrank 20 percent in the past 10 years, compared with 5 percent growth in the U.S. Read more. (Subscription required.) 

For more news and analysis of Puerto Rico's debt crisis, be sure to visit ABI's "Puerto Rico in Distress" webpage

Obama Signs Puerto Rico Debt Bill, But Says Tough Work Still Ahead

Submitted by jhartgen@abi.org on

June 30, 2016

 
ABI Bankruptcy Brief
 
 
 
 
NEWS AND ANALYSIS

Obama Signs Puerto Rico Debt Bill, But Says Tough Work Still Ahead

U.S. President Barack Obama today signed the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) into law to help Puerto Rico address its $70 billion debt, but said more tough work was ahead to help the U.S. territory regain financial stability. The Senate yesterday passed the House-approved bill by a vote of 68-30. Puerto Rico's semi-public power utility, known as PREPA, today said that it would make all of a $415 million debt payment due tomorrow. PREPA, which had been on the brink of collapse under $8.3 billion in debt, last year reached an exchange deal with most of its creditors, which is being finalized. The utility said today that it would make its $415 million payment using operational funds and proceeds from new bond sales. Puerto Rico faces $70 billion in total debt, a stalled economy, and high poverty and unemployment. The territory's debt of $1.9 billion due tomorrow - of which PREPA's payment was a portion - includes nearly $800 million in general obligation (GO) debt, the island's highest-ranking debt protected by a constitutional pledge. It was unclear today whether Puerto Rico would make that payment.
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For more news and analysis of Puerto Rico's debt crisis, be sure to visit ABI's "Puerto Rico in Distress" webpage

Housing Agency Overhauls Rules to Help Struggling Homeowners

A federal program that sold more than 100,000 soured mortgages to private investors at discounted prices is getting a major overhaul, the New York Times DealBook blog reported today. Changes announced by federal housing officials today follow months of criticism from legislators and housing advocates that the buyers of the loans have not done enough to keep struggling borrowers in their homes. The housing officials said that private investment firms buying delinquent mortgages would have to consider reducing the total amount of money owed on a mortgage as part of potential modification to make a loan more affordable. The requirement that private buyers — mostly private-equity firms and hedge funds — will have to consider things like principal reduction in reworking troubled mortgages represents a significant change in a government program that began in earnest four years ago in the wake of the housing crisis. Edward L. Golding, principal deputy assistant secretary with the Department of Housing and Urban Development, said that the housing agency was “deeply committed to protecting struggling homeowners and making certain they have the greatest opportunities to avoid foreclosure and remain in their homes.” Federal officials also said they would make it more difficult for private buyers to temporarily reduce the interest rate on a mortgage only to have it revert to the original terms after five years, a practice used by some private buyers.
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Visa, MasterCard Class-Action Settlement with Retailers Rejected by U.S. Court

A U.S. court of appeals today rejected the 2012 swipe-fee settlement, originally valued at $7.25 billion, between the retail industry and payment companies Visa Inc. and MasterCard Inc., calling the agreement “unreasonable and inadequate,” the Wall Street Journal reported today. “The benefits of litigation peace do not outweigh class members’ due process right to adequate representation,” the ruling said. The court ruled that the settlement violated the rule that requires the representative parties to “fairly and adequately protect the interests of the class” and uncover any conflicts of interest. The 2012 settlement broke the class of plaintiffs into two groups: one that accepted Visa or MasterCard from 2004 through 2012 and another that would accept the cards from 2012 onward. In its ruling, the appeals court noted the conflict between the merchants in the first class, which were pursuing solely monetary relief, and the merchants in the second class, which were seeking only injunctive relief. “The former would want to maximize cash compensation for past harm, and the latter would want to maximize restraints on network rules to prevent harm in the future,” the ruling said. In addition, only the first group was eligible for the $7.25 billion cash settlement and could opt out of the settlement.
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Debt Collection Complaints Decline in CFPB’s Monthly Snapshot

Debt collection complaints fell in May, and the three-month average of complaints from March through May also slightly declined, according to the Consumer Financial Protection Bureau’s (CFPB) latest monthly complaint report released on Tuesday, ACAInternational.org reported. There were 6,911 debt collection complaints in May, a 5 percent decrease.  Debt collection represented 29 percent of complaints submitted in May 2016. The three-month average for debt collection complaints from March to May this year is 7,415 compared to 7,442 this time last year, according to the report. Since its inception in July 2011, the CFPB has handled a total of approximately 906,400 complaints as of June 1, including approximately 23,800 in May, according to the report. The CFPB received a total of 241,276 complaints on debt collection.
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Analysis: Today’s Renters Really Are Worse Off Than Their Parents

Sharp increases in rents along with stagnant incomes over the past five years have helped create a dire situation for many of the country’s renters, the Wall Street Journal reported yesterday. Inflation-adjusted rents have risen by 64 percent since 1960, but real household incomes only increased by 18 percent during that same time period, according to an analysis of U.S. Census data released by Apartment List, a rental listing website. Renters fared the worst during the decade between 2000 and 2010, when inflation-adjusted household incomes fell by 9 percent while rents rose by 18 percent, according to Apartment List. That is likely because there were two recessions during that time and a housing bust in 2008 that drove millions of homeowners into renting.
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Now Available for Pre-Order in the ABI Bookstore: How Secure Are You? Secured Creditors in Commercial and Consumer Bankruptcies

ABI's newest title, How Secure Are You? Secured Creditors in Commercial and Consumer Bankruptcies, provides practitioners with in-depth analysis of the most common concerns in secured claims disputes, including citation to important case law. This indispensable guide, written by members of ABI’s Secured Credit Committee, is a must-read for anyone whose work involves secured creditor claims. The new book is available for pre-order in the ABI Bookstore (be sure to log-in to obtain the ABI member price!).

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Editorial: Puerto Rico’s Last Chance

Submitted by jhartgen@abi.org on

The Senate today is scheduled to vote on a bill already approved by the House that would restructure Puerto Rico’s debts and could create the conditions for recovery, according to a New York Times editorial. If the bill loses, Puerto Rico will default on Friday on a $2 billion debt payment, creditors will keep suing for full repayment and essential services on the island, including health, sanitation, education, electricity, public transportation and public safety, will continue to decline. Senators in both parties have objected to the yes-or-no nature of the vote, saying they want to amend the bill. But amendments would likely kill the bill, in part because it passed the House only after negotiations and compromise among both parties and the White House. Even if the House were inclined to pass an amended bill, it could not do so before the July 1 default date because it is not in session. Read more

For more news and analysis of Puerto Rico's debt crisis, be sure to visit ABI's "Puerto Rico in Distress" webpage

Senate Set to Begin Debate on Puerto Rico Debt Relief Bill

Submitted by jhartgen@abi.org on

After months of waiting for the U.S. Congress to act as Puerto Rico's economic crisis progressively worsened, the Caribbean island is on the verge of securing a relief plan from Washington, D.C., aimed at helping it address a hobbling $70 billion debt, Reuters reported yesterday. The Senate is set to launch a debate on Wednesday for legislation establishing a federal oversight board that would be in charge of restructuring the U.S. territory's debt where one out of every three dollars it earns in revenue is used to pay creditors, according to the U.S. Treasury. The measure is identical to the plan passed by the House of Representatives earlier this month, as Congress tries to send it to President Barack Obama to sign into law by July 1. That is when Puerto Rico faces a potential default on a chunk of its debt if it cannot make a $1.9 billion payment. As early as Wednesday, the Senate could cast a procedural vote on the bill that, if successful, would clear the measure for passage this week. Senate Majority Leader Mitch McConnell also took steps to limit amendments that can be offered to the bill. Read more

For more news and analysis of Puerto Rico's debt crisis, be sure to visit ABI's "Puerto Rico in Distress" webpage

Treasury Secretary Lew asks Senate for Immediate Action on Puerto Rico Debt Crisis

Submitted by jhartgen@abi.org on

U.S. Treasury Secretary Jack Lew today called on the Senate to take immediate action this week to address Puerto Rico's debt crisis before the critical July 1 deadline for the island territory's next debt payments, Reuters reported. "The Senate should take up the matter immediately," Lew said in a letter to Senate Majority Leader Mitch McConnell. "Delay will only jeopardize the ability of Congress to conclude its work before July 1, a critical deadline Puerto Rico's leadership has publicly highlighted for months." Read more.

For more news and analysis of Puerto Rico's debt crisis, be sure to visit ABI's "Puerto Rico in Distress" webpage