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House Hearings on Puerto Rico Scheduled for Tomorrow

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Two House committees will be holding hearings on Puerto Rico’s debt crisis tomorrow. The first hearing, entitled “Puerto Rico’s Debt Crisis and Its Impact on the Bond Markets,” will be held by the House Financial Services Subcommittee on Oversight and Investigations, at 10 a.m. ET. The Subcommittee is chaired by Rep. Sean Duffy (R-Wisc.), who is sponsoring H.R. 4199, the “Puerto Rico Financial Stability and Debt Restructuring Choice Act.” The House Natural Resources Committee will also be holding a hearing at 10 a.m. ET entitled “The U.S. Department of the Treasury’s Analysis of the Situation in Puerto Rico.” The Natural Resources Committee is spearheading the effort to draft a bill on Puerto Rico in the coming weeks. The sole witness at this hearing will be Antonio Weiss, counselor to the U.S. Treasury Secretary.

In related news, Franklin Resources Inc. plans to close the $147 million Double Tax-Free Income Fund, whose strategy of plowing more of its assets into Puerto Rico than any other municipal-bond fund turned it into one of the worst performers, Bloomberg News reported today. After the fund shriveled when investors pulled out money, Franklin is asking those remaining to exchange their shares for a piece of the $8.3 billion High Yield Tax-Free Income Fund, which has far less exposure to the island. “It parallels the life cycle of Puerto Rico in the debt markets,” said Matt Fabian, a partner at Municipal Market Analytics, a research firm based in Concord, Massachusetts. “As the island becomes increasingly insolvent, investing strategies dependent on the island also become insolvent.” Read more

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

Illinois Stepping Up Pressure with Chicago Schools Investigation

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The Illinois State Board of Education is investigating the finances of Chicago’s public schools as Governor Bruce Rauner seeks to take over the nation’s third-largest district, Bloomberg News reported on Friday. The city school system, whose board is appointed by Mayor Rahm Emanuel, was asked to provide the state officials with records including annual audits, contracts, monthly payroll figures and projected cash flow, according to a letter sent on Thursday to Forrest Claypool, the district’s chief executive officer, and Frank Clark, president of the Chicago Board of Education. The junk-rated school system’s deficit is projected to reach $1 billion a year through 2020 after years of relying on reserves and shortchanging pensions. Rauner, a Republican who is locked in a record-long budget impasse with Democratic lawmakers, wants to change state law to allow the Chicago district to file for bankruptcy and be placed under state control. He promoted chapter 9 as a fix for the district’s woes in the days leading up to its bond sale this month, when it had to pay yields as high as 8.5 percent.

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House Hearings on Puerto Rico Scheduled for Feb. 25

Submitted by jhartgen@abi.org on

Two House committees will be holding hearings on Puerto Rico’s debt crisis on Feb. 25, according to a press release from Rep. Pedro Pierluisi (D-P.R.). The first hearing, entitled “Puerto Rico’s Debt Crisis and Its Impact on the Bond Markets,” will be held by the House Financial Services Subcommittee on Oversight and Investigations, at 10 a.m. ET. The Subcommittee is chaired by Rep. Sean Duffy (R-Wisc.), who is sponsoring H.R. 4199, the “Puerto Rico Financial Stability and Debt Restructuring Choice Act.” The House Natural Resources Committee will also be holding a hearing at 10 a.m. ET entitled “The U.S. Department of the Treasury’s Analysis of the Situation in Puerto Rico.” The Natural Resources Committee is spearheading the effort to draft a bill on Puerto Rico in the coming weeks. The sole witness at this hearing will be Antonio Weiss, counselor to the U.S. Treasury Secretary, according to the press release. 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 Weighing Plan to Stop Paying Debt to Preserve Cash

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Puerto Rico may suspend principal and interest payments on its bonds in less than three months as the island struggles to cover health and safety programs, Bloomberg News reported yesterday. The potential halt on debt-service payments comes as the commonwealth’s Government Development Bank faces a $422 million debt payment May 1. Puerto Rico and its agencies owe investors $2 billion on July 1, including $805 million for general-obligations, according to data compiled by Bloomberg. The island is debating whether to make the debt payments because it doesn’t have the funds to continue providing essential services, Grace Santana, chief of staff to Governor Alejandro Garcia Padilla, told reporters Wednesday in San Juan. The island warned in its debt-restructuring proposal released earlier this month that it may need to stop making such payments if it can’t reach a deal with investors to restructure its debt by May 1. Read more

In related news, U.S. officials held a roundtable discussion at the White House on Tuesday about the "worsening" fiscal crisis in Puerto Rico, as the Obama administration continues to press Congress to act on the issue, Reuters reported. The meeting with Puerto Rican labor leaders and business executives featured briefings from Treasury Secretary Jacob Lew and Secretary of Health and Human Services Sylvia Burwell. Lew told meeting participants that Puerto Rico has already had to take extreme emergency measures like borrowing from its pensions to stay afloat and the island will face additional strain in May and June, when more than $2 billion in debt payments come due. Read more

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

Rhodes Says He Won’t Run Detroit Schools

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Retired U.S. bankruptcy Judge Steven Rhodes said yesterday that he will not run the Detroit Public Schools, the Detroit Free Press reported today. “I am in discussions with the governor’s office about what role I can play in helping to execute the governor’s plan,” Rhodes said. “I can tell you with complete confidence that that will not include me being any kind of superintendent for the school district because that is not a job I am at all qualified to do. And the governor’s office accepts that." Rhodes, who oversaw the city of Detroit’s bankruptcy, spoke after a news report claiming that a decision had been made for him to be the emergency manager. Rhodes' comments came as lawmakers continue to debate legislation that would transform the landscape of education in the city. There are a few key sticking points between what legislators are debating and what local leaders want, including whether a Detroit Education Commission should oversee the opening and closing of all public schools, including charter schools, in the city. Gov. Rick Snyder's spokesman, Dave Murray, said no decisions had been made regarding an emergency manager for DPS.

Atlantic City's Financial Problems Widen

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Atlantic City slid closer to insolvency this week when its largest casino declined to pay its February property-tax bill, raising the stakes for New Jersey lawmakers who are crafting a bill that would allow a state takeover of the resort city, Dow Jones Daily Bankruptcy Review reported today. The city was previously on track to run out of cash by April 1, but that timeline sped up when a state judge ruled on Feb. 5 that Borgata Hotel Casino & Spa could withhold its $7.2 million tax payment as a way of recouping some of the $150 million owed to it by the city. Citing the financial turmoil in Atlantic City, which is facing a nearly $80 million budget deficit this year, the judge on Thursday ordered Borgata and state of New Jersey to hold a Feb. 23 settlement discussion to negotiate the outstanding debt.

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Analysis: Scalia’s Death Could Affect Pending Case on Puerto Rico

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The already complicated quest for a resolution to Puerto Rico’s debt crisis became more complex with the sudden death on Saturday of Supreme Court Justice Antonin Scalia, whose passing could influence a pending Supreme Court case on the island’s debt, MorningConsult.com reported today. On March 22, the court will hear oral arguments in Puerto Rico v. Franklin California Tax-Free Trust, which will determine if Puerto Rico’s legal system can restructure debts and arbitrate debt disputes through its own bankruptcy process. Currently, it doesn’t have the authority under chapter 9 of the Bankruptcy Code to do so. The case has been merged with a companion case, Acosta-Febo v. Franklin California Tax-Free Trust. The case deals with about $20 billion of Puerto Rico’s $72 billion in debt, all of which was incurred by its three major public utilities. In Puerto Rico’s petition asking the high court to take up the case, the petitioners said there is “no basis to conclude that the exclusion of Puerto Rico from chapter 9 represents a limitation on the Commonwealth’s power to create its own mechanism for restructuring the debts of its public utilities.” Read more

In related news, Puerto Rico's government said that it had "substantial doubt" about its ability to operate long-term, and cited a threat to public services if its Government Development Bank misses debt payments, in a draft of long-delayed fiscal year 2014 financial data released yesterday, Reuters reported today. The 366-page draft, which has not yet been audited, follows criticism from some U.S. lawmakers and financial creditors that Puerto Rico has not been transparent with its finances. The U.S. territory is mired in economic crisis, facing a 45 percent poverty rate and a dwindling tax base as locals flock to the mainland United States. It is hoping for help from Congress in resolving its $70 billion debt load. "The commonwealth's management believes that there is substantial doubt as to the ability of the primary government" and other governmental entities "to continue as a going concern," the report said. Puerto Rico said it expects to miss at least some of its July 1 general obligation (GO) debt payment — about $800 million, according to a debt schedule obtained by Reuters — even with the benefit of so-called "clawbacks" wherein revenues earmarked for other debt are redirected to pay GO debt. The report said Puerto Rico faced a $49.2 billion deficit as of June 30, 2014, $2.5 billion higher than in 2013. 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's House Approves Bill Seen as Key for PREPA Deal

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Puerto Rico's House of Representatives yesterday approved a bill aimed at overhauling the island's troubled power utility PREPA, pushing the agency a step closer to finalizing a deal with creditors to restructure more than $8 billion debt a day before a key deadline, Reuters reported yesterday. Fixing PREPA's debt is seen as an important step in resolving an overall $70 billion debt load in Puerto Rico, and the utility has struck agreements with creditors on a debt exchange in which bondholders would accept 15 percent cuts to repayments. The creditors' support, though, is premised on passing legislation aimed at stabilizing PREPA's finances and governance. The House passed the bill, known as the PREPA Revitalization Act, yesterday, according to a webcast of the vote, following passage by the Puerto Rican Senate on Wednesday. However, because the House introduced amendments, the bill must return to the Senate for approval before Governor Alejandro Garcia Padilla can sign it into law. Read more

In related news, questions about the PREPA’s procurement of oil are part of a much larger mandate the Senate has taken on — determining how the authority became mired in more than $9 billion in debt it says it cannot pay, according to a New York Times analysis today. The debt troubles could not be more pressing, as the legislature faces a deadline on Tuesday for a vote on the authority’s plan for renegotiating that debt. While it is clear that the authority’s financial downfall is complex and multifaceted, the question of whether it bought dirty oil while billing customers for clean oil stands out as one of the most charged issues it is facing. If true, the accusations would go beyond errors in judgment and amount to a decades-long fraud. “It was a scheme,” said Abraham Ortiz, a lab director at Puerto Rico’s power authority, “and it went on for years.” Read more

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

New Jersey Lawmakers Seek to Revive Rejected Atlantic City Plan

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New Jersey lawmakers plan to mount a renewed push for legislation aimed at stabilizing Atlantic City’s finances despite its rejection by Governor Chris Christie, seeking to extend aid to the struggling gambling hub that’s rapidly running out of money, Bloomberg News reported on Friday. The measures seek to divert gaming funds to the city and for a decade set up fixed payments from casinos instead of property taxes, which would prevent the assessment appeals that have dealt a blow to the government’s revenue. If approved, the bills could help steady a city that’s at risk of running out of cash in April, if not sooner, said state Senator Jim Whelan, a Democrat who represents Atlantic City. He said that legislators this week will also introduce a bill that would give the state more control over its finances for five years, a plan presented by Christie on Jan. 26. It would give Atlantic City a year to generate cash from its water utility before state officials step in to do so themselves, Whelan said.

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Puerto Rico Pushes Tax Incentives for Wealthy Amid Crisis

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Puerto Rico’s government is trying to convince hundreds of wealthy investors to move to the U.S. territory, hoping they could help lift it out of a deepening economic crisis, the Associated Press reported today. Officials hosted a meeting for investors yesterday to promote local tax incentives aimed at luring the wealthy. New York hedge fund billionaire John Paulson, who recently bought some of Puerto Rico’s most upscale resorts, said that solving the island’s fiscal situation is essential to encouraging more investment. Paulson declined to say how much he has invested in Puerto Rico and acknowledged that he doesn’t own any of the island’s staggering $72 billion public debt. Puerto Rico already has convinced other millionaires and billionaires to move to the island with measures approved in recent years that exempt people from taxes on any capital gains accrued after they move to the island. But critics question whether the amount of jobs created and real estate bought has been enough to boost the economy. Read more

The latest ABI podcast features ABI Resident Scholar Prof. Melissa Jacoby talking with sovereign debt experts Profs. Mitu Gulati of Duke University School of Law and Anna Gelpern of Georgetown University School of Law about Puerto Rico's spiraling financial distress. Gulati and Gelpern compare Puerto Rico's financial situation to other recent sovereign debt crises, and examine current restructuring proposals for Puerto Rico. Click here to listen. 

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