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San Francisco Braces for Economic Life After This Tech Bubble

Submitted by ckanon@abi.org on
Municipal officials are drafting an "economic resiliency plan" — one of the first of its kind in the U.S. — to ensure that San Francisco can better withstand a financial earthquake akin to the one that roiled global markets in 2008 and left some U.S. cities on the verge of economic ruin, The Lowell Sun reported today. San Francisco leaders are still haunted by memories of the dot-com bubble of the early 2000s and the Great Recession, which caused the largest collapse in state revenues on record and forced cities to reduce police spending, close libraries and wade deeper into public-pension debt. Some cities and states are trying to ensure they aren't caught off guard again by boosting reserves and girding their residents against the next collapse. Utah is stress-testing its budget to find weakness in advance. A tech boom spurred by companies like Twitter, Uber Technologies and Airbnb has transformed San Francisco into one of the hottest economies in the U.S. The unemployment rate was 3.1 percent in April, the lowest since 2000. On May 31, Mayor Edwin Lee released a record $9.6 billion budget proposal.
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Op-Ed: Bankruptcy for DPS Threatens Cascading Risks

Submitted by ckanon@abi.org on
A chapter 9 bankruptcy of Detroit Public Schools (DPS) risked establishing a precedent, the city’s former emergency manager, Kevyn Orr, told Gov. Rick Snyder that could expose taxpayers to billions of dollars in creditor and pension liabilities — and the possibility that a federal court could order the state to raise taxes to pay them, The Detroit News reported today. The result would be a financial and political cataclysm, the governor told Senate and House Republicans in separate meetings. Without enough votes to pass the $617 million rescue package for DPS, the administration would be forced to retain bankruptcy counsel in anticipation of filing chapter 9 on or before June 17. School districts across the state would be tempted to follow DPS’ path in an effort to shed liabilities on their books, effectively dumping them on Michigan taxpayers and creating a civic firestorm that would be difficult to control. Even without creating the precedent that Orr envisioned, the Snyder administration repeatedly told lawmakers that the state and DPS could be “on the hook” for between $2 billion and $3.5 billion in liabilities, among other things.
 
Gain more insight into chapter 9 with Municipalities in Peril: The ABI Guide to Chapter 9, 2nd Edition, available in the ABI Bookstore.

 

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House Passes Bill to Help Puerto Rico Stay Financially Afloat

Submitted by ckanon@abi.org on
With Puerto Rico facing a $2 billion debt payment in just over three weeks, lawmakers in the U.S. House of Representatives passed legislation on Thursday to ease the island’s crippling financial crisis, The Associated Press reported yesterday. The strong bipartisan vote was 297-127 for the legislation that would create a financial control board and allow restructuring of some of Puerto Rico's $70 billion debt. The measure heads to the Senate just three weeks before the territory must make a $2 billion payment. The bill had the strong support of President Obama, House Speaker Paul Ryan and Minority Leader Nancy Pelosi. The legislation would allow the seven-member control board to oversee negotiations with creditors and the courts over reducing some debt. It does not provide any taxpayer funds to reduce that debt. It would also require the territory to create a fiscal plan. Among other requirements, the plan would have to provide "adequate" funds for public pensions, which the government has underfunded by more than $40 billion.
 
For more news and analysis of Puerto Rico's debt crisis, be sure to visit ABI's "Puerto Rico in Distress" webpage.

 

Michigan Legislature OKs $617 Million Bailout for Detroit Schools

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The Michigan Legislature narrowly approved a $617 million bailout and restructuring of Detroit's debt-ridden school district, two years after the state spent less than a third of that amount to help the city government emerge from bankruptcy, The Associated Press reported today. The Republican-controlled Senate passed a main bill 19-18 late Wednesday, and the GOP-led House followed with a similar razor-thin 55-54 vote. Some Republicans joined all Democrats in opposition during an emotional debate that brought some lawmakers to tears. Snyder, who had warned legislators that insolvency would be disastrous for students and the state if the district ran short of money this summer, said that the measure is a "fresh start" and an "unprecedented investment for the education of Detroit's children." The financially and academically ailing 46,000-student Detroit Public Schools has been managed by the state for seven years, during which it has continued to face plummeting enrollment, deficits and, more recently, teacher sick-out protests. Under the bills, the district would be split in two and control would be returned to an elected school board. A commission of state appointees would oversee the district's finances, similar to how it now reviews the city's budgeting as part of a $195 million state rescue in 2014.

Island Debt Package Faces Bipartisan Criticism

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Puerto Rico voters sent a signal of displeasure this weekend with the debt rescue package now pending in Congress, but leaders on Capitol Hill are pushing ahead anyway, insisting the bipartisan compromise is the best deal for federal taxpayers and the island territory, The Washington Times reported yesterday. Conservative critics still fear that the bill will end up socking average Americans’ pockets, while liberals say that the deal is too harsh on Puerto Rico itself, making cuts to social services more likely. Puerto Ricans appeared to send that same message when Ricardo Rossello, who opposes the House bill, defeated Commissioner Pedro Pierluisi in a primary this weekend to see who the New Progressive Party’s candidate for governor will be this fall. The House is scheduled to vote on the rescue package today, and Speaker Paul Ryan has implored his Republican troops to rally around the bill he negotiated with the Obama administration, saying it is the best a divided Congress can do to help Puerto Rico restructure its $72 billion of debt without resorting to a taxpayer bailout. House Minority Leader Nancy Pelosi is also urging her Democratic troops to back the bill.
 
For more news and analysis of Puerto Rico's debt crisis, be sure to visit ABI's "Puerto Rico in Distress" webpage.

 

U.S. House Passes Puerto Rico Debt Bill

Submitted by ckanon@abi.org on

ABI BANKRUPTCY BRIEF
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June 9, 2016

 
ABI Bankruptcy Brief
 
 
 
 
NEWS AND ANALYSIS

U.S. House Passes Puerto Rico Debt Bill
The House this evening overwhelmingly passed a rescue package for debt-stricken Puerto Rico, clearing a major hurdle in the ongoing effort to bring relief to the U.S. territory of 3.5 million Americans, ABC News reported today. The strong bipartisan vote was 297-127 for the legislation that would create a financial control board and allow restructuring of some of Puerto Rico's $70 billion debt. The measure heads to the Senate just three weeks before the territory must make a $2 billion payment. In a rare display of bipartisanship, the bill had the strong support of President Barack Obama, House Speaker Paul Ryan (R-Wis.) and Minority Leader Nancy Pelosi (D-Calif.) "The Puerto Rican people are our fellow Americans. They pay our taxes, they fight in our wars. We cannot allow this to happen," Ryan said in imploring lawmakers, especially reluctant conservatives in the GOP caucus, to back the bill during debate. The legislation would allow the seven-member control board to oversee negotiations with creditors and the courts over reducing some debt. It does not provide any taxpayer funds to reduce that debt. It would also require the territory to create a fiscal plan. Among other requirements, the plan would have to provide "adequate" funds for public pensions, which the government has underfunded by more than $40 billion. Hours before the vote, the White House strongly endorsed the bill, saying that failing to act could result in an "economic and humanitarian crisis" in the U.S. territory beyond what the island is already facing.

Click here to read an op-ed on the legislation.

To view the full text of H.R. 5278 (PROMESA), click here.
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Jeb Hensarling Plan Rekindles Debate as Republicans Aim to Dismantle Dodd-Frank
A proposal by a senior House Republican to dismantle portions of the 2010 Wall Street reforms known as the Dodd-Frank Act has rekindled a partisan debate over the state of banking regulation eight years after the financial crisis, the New York Times reported yesterday. Representative Jeb Hensarling of Texas, chairman of the House Financial Services Committee, outlined the main parts of his plan Tuesday during a speech in New York and plans to introduce the legislation this month. The debate shows how divided Washington remains over how to supervise the financial industry, from big banks to small community institutions. Hensarling’s plan, called the Financial Choice Act, rolls back significant provisions and limits the role of regulators in overseeing the country’s biggest banks, but it also advocates stronger penalties for financial fraud and puts a focus on capital buffers for large banks. One of the plan’s central provisions would allow the country’s biggest banks to exempt themselves from capital and liquidity requirements and other regulatory standards if they held enough capital to surpass a certain threshold. Hensarling estimates that the biggest banks would be required to collectively raise “several hundred billion dollars in new equity” to benefit from the proposal. That is likely to dissuade many of the top financial institutions from offering broad support for the measure. The bill would also repeal the Volcker Rule, which restricts trading activities at banks, and replace the Dodd-Frank Act’s process for winding down a failing institution with a new chapter of the Bankruptcy Code.
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Analysis: CFPB Needs a Rule to Regulate Debt Collection
Debt collectors are facing increasing pressure from the Consumer Financial Protection Bureau through aggressive regulation by enforcement, according to an analysis inAmerican Banker yesterday. In the past few years, the CFPB has entered into consent orders with debt buyers, banks and other lenders. The orders limit debt sales, increase data requirements and forbid various collection practices. But without the agency offering an alternative to these commonly used tools, preferably through rulemaking, debt collectors resort to the next “best” alternative they know of to settle a debt: lawsuits. Clearly, it is those lawsuits that are of particular concern to the CFPB. In the last few years, collection suit numbers have soared, and the CFPB has responded by closing or fining what they call “lawsuit mills.” Still, most collection agencies follow the law and will still find a technological way to file large volumes of lawsuits without violating federal measures. According to the analysis, however, consumers will still end up losing by being subjected to aggressive yet absolutely legal tactics in the collection process.
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Regulators Fear $1 Billion Coal Cleanup Bill
Regulators are wrangling with bankrupt coal companies to set aside enough money to clean up Appalachia’s polluted rivers and mountains so that taxpayers are not stuck with the $1 billion bill, the New York Times DealBook reported Tuesday. The regulators worry that coal companies will use the bankruptcy courts to pay off their debts to banks and hedge funds, while leaving behind some of their environmental cleanup obligations. The industry asserts that its cleanup plans — which include turning defunct mines back into countryside — are comprehensive and well funded. But some officials say those plans could prove unrealistic and falter as demand for coal remains weak. Regulators and environmental groups in Appalachia have tangled with coal companies for decades over their mining practices, particularly mountaintop removal mining, which involves removing mountain summits to extract coal. But in the bankruptcy cases, West Virginia has been pressuring the industry’s lenders to share more of the responsibility for mine reclamation and water remediation, arguing that they exert great influence, if not outright control in some cases, over the bankrupt mining companies.
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U.S. Credit Card Debt to Hit $1 Trillion in 2016
Since 2010, when Americans actually paid more on their credit card bills than they charged, the amount owed on credit cards has steadily risen from $2.5 billion in 2011 to $71 billion in 2015. However, total credit card debt at the end of last year had reached $919.1 billion, and at current growth rates, should wind up 2016 at roughly $1 trillion, 24/7 Wall St. reported yesterday. In the first quarter of 2016, Americans paid down $33.8 billion in credit card debt, including a $7 billion charge-off. According to research at CardHub, however, that’s the smallest first-quarter pay-down since 2008 and almost 25 percent below the post-recession average. Average U.S. household indebtedness dropped to about $7,600 during the first quarter, which represents an increase of 6 percent in indebtedness compared with the first quarter of 2016. CardHub projects that average indebtedness will rise to more than $8,500 by the end of 2016.
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New on ABI’s Bankruptcy Blog Exchange: Will a Cyberattack Cause the Next Big Bank Failure?
A new blog post says that regulators need to start paying attention to “denial of system” attacks as one of the triggers that could bring down a systemically important institution.

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Earlier Hearing Date Granted in Macon Charter Bankruptcy Case

Submitted by ckanon@abi.org on
State and local officials were granted an earlier hearing date related to the Macon Charter Academy (MCA) bankruptcy case, The Telegraph reported yesterday. The hearing, in which Bibb County school district and Georgia Department of Education representatives will ask for relief from a stay during bankruptcy proceedings, has been set for June 22 at 11 a.m. at the U.S. Bankruptcy Court in Macon. The hearing was originally scheduled for July, but the order, signed by Chief Bankruptcy Judge James Smith, said that an earlier date was “granted for cause.” On May 4, MCA filed for chapter 11 reorganization, and the state education department was informed that a stay had been placed on the process to terminate the school’s charter.
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Opinion: Ill. Bankruptcy Code Amendments Should Be State’s Imperative

Submitted by ckanon@abi.org on
No analyst, officeholder or commentator has offered a solution, and no combination of survivable tax increases and spending cuts can solve Illinois’ consolidated state and local fiscal insolvency, according to commentary posted on Reboot Illinois yesterday. There is no solution — unless debt, including pension debt, is cut (and economic growth restored). Maybe, suggests the commentary, it might be possible to kick the can for a few more years. Pension assets can be bled down to nothing. Perhaps there’s a feasible solution outside of bankruptcy for some of the individual, insolvent municipalities that overlap parts of Illinois. But, particularly for the Chicago area, the numbers, taken as a whole, seem insurmountable, and it appears likely, says Reboot Illinois, that the city will go bankrupt.