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Puerto Rican Officials Plead with Senate to Pass Debt Relief

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Top Treasury Department and Puerto Rican officials are begging the Senate to move quickly on a bill to help the commonwealth handle more than $70 billion in unpayable debt, The Hill reported today. Funding for public services in Puerto Rico is drying up under the commonwealth’s shrinking economy and lack of access to credit markets, so leaders are pushing the Senate to clear a House-passed bill before a crucial debt payment that is due July 1. “We need the bill by July 1,” Puerto Rico Gov. Alejandro García Padilla (D) said during a Thursday panel hosted by the progressive Center for American Progress Action Fund. “We need the bill yesterday.” Senate Majority Leader Mitch McConnell (R-Ky.) is expected to hold a vote on the debt measure next week before the chamber leaves town for its July 4 recess. The bill passed the House this month with wide bipartisan support and is expected to clear the Senate, though Democrats have refused to publicly support the legislation. Read more

For a summary of H.R. 5278 from the forthcoming July edition of the ABI Journal, please click here

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

Accusations Against Booker Dismissed in Newark Watershed Bankruptcy

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A federal judge has dismissed a case against U.S. Sen. Cory Booker (D-N.J.) that charged he failed to properly oversee Newark's now bankrupt watershed corporation when he served as mayor of New Jersey's largest city, NJ.com reported yesterday. However, U.S. Bankruptcy Judge Vincent F. Papalia let stand a civil complaint against Vaughn McKoy, the former board vice chairman of the Newark Watershed Conservation and Development Corp. The ruling yesterday came in the wake of a lawsuit filed last year by the provisional trustees of the agency against Booker and McKoy, along with former executive director Linda Watkins-Brashear and more than a dozen others, following allegations that the non-profit corporation had bilked millions of dollars from taxpayers. Created in 1973, the agency was formed to manage Newark's vast watershed properties in Morris, Passaic and Sussex counties, and later expanded its reach to manage the city's Pequannock water treatment facility and manage Newark's reservoirs. The corporation operated under the radar screen for decades, until it came under fire in a scathing report issued in 2014 by the state Comptroller's Office, which accused the former director of the agency and her cohorts of siphoning off millions of city dollars in illegal payments, insider deals and risky stock ventures.

Puerto Rico Panel Approves Power Utility Fee to Repay Debt

Submitted by jhartgen@abi.org on

Puerto Rico’s government-owned electricity provider won approval to impose a new surcharge on customers to repay bonds, a key step in the utility’s plan to restructure its $9 billion of debt, Bloomberg News reported yesterday. The island’s energy commission on Tuesday signed off on a 3.10-cent per kilowatt hour charge by the Puerto Rico Electric Power Authority, known as PREPA, according to a statement from the commission. The step is a crucial part of an agreement the utility reached in December, when investors agreed to take a 15 percent loss and suspend principal payments for five years by exchanging their bonds for new securities backed by the charge. PREPA faces other hurdles before it can execute the restructuring deal. The utility is negotiating with bond insurers and investors holding about 35 percent of PREPA’s securities to avoid defaulting on a $420 million principal and interest payment due July 1. Under the pact, the bonds must also carry an investment grade from one of the three major credit-rating companies. Read more

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

Puerto Rico Governor Says Shutdown Won’t Prevent July 1 Default

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ABI Bankruptcy Brief


ABI Bankruptcy Brief
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June 23, 2016

 
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NEWS AND ANALYSIS

Puerto Rico Governor Says Shutdown Won’t Prevent July 1 Default



Eight days before about $2 billion in bond payments come due, Puerto Rico Governor Alejandro García Padilla reiterated today that the commonwealth will default on its general obligations even if he halted services on the island, Bloomberg News. “If I shut down the government, I will not have enough money to pay,” said García Padilla. García Padilla is in the nation’s capital lobbying for Congressional approval of a bill that would set up a framework for the commonwealth to restructure its $70 billion in debt. The Senate is supposed to take up the measure next week. The House passed the bill (H.R. 5278), which also has the support of the Obama administration. Puerto Rico owes $805 million on its general-obligations, which the island’s constitution stipulates must be paid before other expenses, on July 1. Including its agencies, the island faces a $2 billion principal and interest payment. Even limiting government operations won’t free up cash to pay creditors, the governor said.

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For a summary of H.R. 5278 from the forthcoming July edition of the ABI Journal, please click here.



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

Editorial: Houston's Pension Tension



Houston's unfunded pension liability now stands at an estimated $5.6 billion, and it's growing, according to a Houston Chronicle editorial today. About 31 cents of each dollar Houston spends on payroll now goes to pension funds. In truth, if the city government did what it should and used actuarially determined rates, that figure would be closer to 35 percent. Houston Mayor Sylvester Turner and union leaders are negotiating, an encouraging sign after years of costly stalemate. Among the options under discussion are lower cost-of-living adjustments and higher retirement ages, according to the editorial. One option off the table for now is a reform that would move new hires to a 401(k)-style plan. Eliminating those defined-benefit pension plans is an important option to consider because pensions as they now work raise plenty of problems, according to the editorial. Read the full editorial.

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For more on the looming crisis in public and private pensions, watch the special edition of "Eye on Bankruptcy" taped live at the 2016 Annual Spring Meeting.

Report: Foreclosure Starts Now at Pre-Crisis Levels



Black Knight Financial Services reported that foreclosure inventory continues to decrease, decreasing 3.55 percent from April to May and 29 percent year-over year, HousingWire.com reported. Foreclosure inventory in May hit below 575,000, down from 800,000 last year. That marks the lowest foreclosure inventory since the summer of 2007. May’s 62,100 foreclosure starts were 20 percent less than May 2015, and remain below pre-crisis levels, according to the report. Delinquencies increased slightly in May by just 0.36 percent, however they are still down by almost 13 percent annually.

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Latest ABI Podcast Examines Intersection of Consumer Credit and Domestic Violence 



Spring 2016 ABI Resident Scholar Melissa Jacoby talks with Prof. Angela K. Littwin of the University of Texas at Austin School of Law about Littwin's research on the relationship between consumer credit and domestic violence. Littwin interviewed domestic violence victims about “coerced debt,” which occurs when the abuser in a violent relationship obtains credit in the victim's name via fraud or coercion.

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Commentary: In Chapter 11 Disclosure, No Firm Is Above the Rules



The retention of a professional firm in a chapter 11 case, while requiring some thoughtful and perhaps tedious work, is incredibly straightforward, according to a commentary by Perry M. Mandarino in yesterday's Wall Street Journal. There are long established standards that are intended to protect the integrity of the proceeding and form the fabric of chapter 11 cases. The successful adjudication of a bankruptcy case requires many building blocks, with process and transparency being two of the most critical. Any proffered rationale to be exempt from disclosure is just a brazen mix of slothfulness and arrogance, according to Mandarino. Claims of “we didn’t think it was relevant” or “we don’t have a database” appear insincere given technology and established regulatory compliance programs. Let the bankruptcy court decide relevance, according to Mandarino, and if systems aren’t in place to unearth potential conflicts, there is always the old-fashioned way of direct inquiry among a firm’s partners and staff.

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Senate Prepares Puerto Rico Debt Debate Amid Democrats' Concerns

Submitted by jhartgen@abi.org on

U.S. Senate Democratic leader Harry Reid said yesterday that amendments were necessary to a Puerto Rico debt bill that Senate Majority Leader Mitch McConnell said would be voted on by next week, Reuters reported yesterday. Reid said that changes were needed to the federal board overseeing the restructuring of Puerto Rico's $70 billion debt under the bill, but he did not say whether Democrats would be successful in making any changes. The House of Representatives passed a Puerto Rico debt relief bill on June 9, following months of internal debate. Supporters hope the Senate passes that bill, without any amendment, before July 1, when Puerto Rico faces a deadline for making a $1.9 billion debt payment. The commonwealth, which is a U.S. territory, is suffering a poverty rate of about 45 percent and has been hobbled by worsening debt problems. Some schools and medical facilities are closing and thousands of residents are relocating to the U.S. mainland, further shrinking Puerto Rico's tax base. While Reid said he had "some serious concerns" with the current bill, which was negotiated by the Obama administration and lawmakers in the House, he did not say whether he expected any amendments to succeed in the Senate. Read more

In related news, Puerto Rico drew back the curtain on its talks with bondholders, underscoring how far apart the sides remain in a fight over the restructuring of $70 billion of municipal debt, the Wall Street Journal reported today. Puerto Rico’s Government Development Bank yesterday disclosed terms of various restructuring proposals discussed in negotiations that have ended. The talks included a committee representing investors in the commonwealth’s general obligation bonds, a group holding senior sales-tax-backed, or “Cofina,” bonds, and a single investor with large holdings of general obligation bonds and junior Cofina bonds, according to the disclosure. Uncertainty about a looming U.S. congressional vote on a restructuring framework for Puerto Rico has made it difficult for the island to come to terms with the various creditor groups, investors and analysts said. Neither the island nor its bondholders are likely to agree to a deal until rules are worked out on Capitol Hill, they said. 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

Hartford Seeks Fiscal Solutions Outside Bankruptcy

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A bankruptcy filing by the city of Hartford is one of several options for potentially solving the city's fiscal woes, its mayor says, but legally declaring insolvency is at the bottom of a list of solutions the city is pursuing, HartfordBusiness.com reported today. Not only would bankruptcy cast a darker pall on the city, but even if Hartford won the state's permission tomorrow to file chapter 9, its over-reliance on too much debt and too little revenue from a limited, overtaxed pot of residential/commercial properties would continue hounding it, Mayor Luke Bronin said. New regional revenue sources, along with options other than a costly bankruptcy filing, which would primarily benefit the city by allowing it to crack open collectively bargained pacts with its city workers, must be identified, Bronin says. Hartford's options for righting its fiscal ship are extremely limited. Hartford sits as the state's most property-tax burdened municipality, with a mill rate of $74.29 for every $1,000 of assessed property value. Read more

Is chapter 9 coming to a city near you? Panel at ABI’s Central States Bankruptcy Workshop will examine in June. Click here for more information and to register. 

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Commentary: Legislators Show Little Interest in Saving Detroit Schools

Submitted by ckanon@abi.org on
Seventeen years ago, David Adamany, the retired president of Wayne State University, was the first-ever emergency manager of the Detroit Public Schools, but compared to today, the schools were doing well, according to commentary posted today by The (Toledo, Ohio) Blade. There were still about 170,000 students, and voters had approved a $1.5 billion bond issue to fix physically crumbling buildings. But when I met with him one afternoon for lunch, he spoke unhappily about his frustrations, about inefficiency, waste, recalcitrant unions, and bureaucracy. Adamany was rightly regarded as a wizard at getting the most out of a budget, and at making systems work. He had built Wayne State into a fiscally solvent top-level research university, while lowering tuition. But he wasn’t having that kind of success with Detroit’s schools. That was 1999. Fast forward to 2016. Earlier this month, with Detroit Public Schools on the brink of bankruptcy and total collapse, the legislature has passed a package that in theory enables them to start over and have a chance for success. But critics and educational experts say what the lawmakers passed is, in fact, a cynical dodge guaranteed to finally destroy the public schools — and maybe torpedo Detroit’s fragile comeback in the process. The decline has been long in coming, starting with the flight to the suburbs in the 1950s. But it moved with warp speed after the state switched to a per-pupil funding system and the proliferation of publicly funded “charter” schools in the 1990s.

San Bernardino: Last Creditor Objects in Bankruptcy Case

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San Bernardino, Calif., is moving toward a confirmation hearing in October after a somewhat bumpy hearing with the last creditor to object to the second-to-final stage, The Press-Enterprise reported yesterday. That penultimate stage is approval of the so-called disclosure statement, and most of the city’s creditors reached settlements with the city that require them to support the disclosure statement and confirmation of the adjustment plan. But attorneys for an organization called the Big Independent Cities Excess Pool (BICEP) took issue with the way they said BICEP was described in the disclosure statement. BICEP is a group of six mid-sized cities that pool coverage for liability claims, including an unknown number of civil-rights claims against San Bernardino that total more than $1 million. The city and BICEP disagree about how to handle those claims. The city’s filing included a section that it said was BICEP’s position word-for-word. BICEP’s objection “incurred the ire” of Bankruptcy Judge Meredith Jury. Franklin Adams, the attorney for BICEP, said there was a simple explanation: The city wasn’t telling the truth about the language being verbatim. Most of BICEP’s statement was included in the city’s, but it omitted a few sentences, said the city’s bankruptcy attorney, Paul Glassman. Judge Jury suggested that the city file the disclosure statement with the original language from BICEP, add a section explaining their disagreement, and work together with Adams to include a summary paragraph saying that there is a disagreement. A hearing on whether to confirm the bankruptcy plan was scheduled for Oct. 14. The city will mail ballots to creditors July 29 asking them whether they approve of the plan. Creditors will have until Sept. 2 to return those ballots.
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House Committee Passes Measure to Help Puerto Rico Investors

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House Financial Services Committee members unanimously approved a bill on Thursday that would put an end to a current legal loophole that a lawmaker contends allowed broker-dealers to defraud Puerto Rico investors. The U.S. Territories Investor Protection Act of 2016 (H.R. 5322), introduced in May by Rep. Nydia M. Velázquez, D-N.Y., would extend to Puerto Rico the same protections under the Investment Company Act of 1940 as those afforded to investors residing on the U.S. mainland.

ABI Webinar on Puerto Rico Supreme Court Ruling Available for Viewing

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The U.S. Supreme Court on June 13 ruled (5-2) in the case of Puerto Rico v. Franklin California Tax-Free Trust (No. 15-233) that Puerto Rico’s Recovery Act is preempted by § 903 of chapter 9 of the Bankruptcy Code — even though Puerto Rico is explicitly excluded from authorizing its municipalities to seek chapter 9 eligibility. Watch ABI Editor-at-Large Bill Rochelle discuss the implications of the high court's ruling with Prof. Stephen Lubben, the Harvey Washington Wiley Chair in Corporate Governance & Business Ethics at Seton Hall University.