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Puerto Rico Creditor Group Counters Island's Debt Exchange Offer

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Creditors of Puerto Rico's sales tax authority, COFINA, made a counter-offer yesterday to Puerto Rico's Feb. 1 debt exchange proposal, saying that they would extend maturities but forgo cuts to principal that the original offer would entail, Reuters reported. The plan represents the first formal response from creditors to the debt-exchange proposal from the U.S. territory, which has been in testy negotiations with creditors for months as it struggles with a $70 billion debt load, a 45 percent poverty rate and shrinking tax base as locals flock to the U.S. mainland. The COFINA creditors offered to reduce the amount of sales tax pledged for their bonds in the near-term, in exchange for being paid in full later. Under Puerto Rico's Feb. 1 proposal, COFINA holders would face repayment reductions of about 51 percent. COFINA holders are owed about $17.3 billion overall, with senior COFINA holders owed about $7.6 billion of that. Senior holders include Metropolitan Life Insurance Co, Goldentree Asset Management and Whitebox Advisors. Yesterday’s plan was proposed by some of the senior holders. Read more

In related news, Sen. Orrin Hatch (R-Utah) yesterday demanded detailed financial disclosure about the island's economic crisis in a letter to Puerto Rico's governor, and questioned U.S. Treasury Secretary Jack Lew about debt restructuring proposals for the island during a Senate Finance Committee hearing, Reuters reported. Hatch, who chairs the Senate committee with oversight on Puerto Rico's fiscal crisis, in December co-sponsored a bill to bring the island's finances under a federal control board. But his exchange with Lew yesterday, coupled with his 4,000-word letter to Puerto Rico Governor Alejandro Garcia Padilla, may be stronger signs that Republican leaders are serious about addressing Puerto Rico's economic crisis. The U.S. commonwealth faces $70 billion in bond debt, a 45 percent poverty rate and a shrinking tax base as locals increasingly flock to the mainland United States. Federal legislators, mostly on the Republican side, have demanded more transparency from the island, whose fiscal year 2014 financials are months behind schedule. Read more

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

Podcast: Delays and Lack of Clear Restructuring Plan Continue to Hinder Puerto Rico Recovery Effort

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Alexandria, Va.— The latest American Bankruptcy Institute (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 recent sovereign debt crises, and examine current restructuring proposals for Puerto Rico.

 

Both experts are skeptical of Puerto Rico’s proposed recovery plan released on Feb. 1, as it does not have a mechanism for dealing with hold-out creditors. “The deal that they have proposed, even though it's a massive haircut, is still not enough to get them out of trouble,” said Gulati, one of the architects of Greece's sovereign debt restructuring. “They are going to be back in crisis quite soon if their economy continues to go in the way it is going currently.”

 

Gelpern, who served as an expert to the United Nations Conference on Trade and Development, points out that Puerto Rico’s financial crisis is not comparable to other sovereign debt crises. “With Puerto Rico, there aren't the usual factors of falling currency and banking systems,” she said. “Very often sovereign governments are reluctant to pull the trigger because they are worried about bank runs and currency collapses. Here you've got a slow hemorrhage of the population and delay isn't helping anyone.”

 

“What Puerto Rico's been doing the past few years is very much like many very bad sovereign debt crises where they just delay, delay, delay, and cost the public a lot of money,” Prof. Gulati added.

 

Click here to listen to the podcast.

 

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

 

ABI’s podcast program features interviews with important figures or experts discussing timely bankruptcy topics or issues. ABI podcasts are freely available for members, the public and the press, and can be accessed on ABI’s Newsroom website.

 

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ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes more than 12,000 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals, providing a forum for the exchange of ideas and information. For additional information on ABI, visit www.abiworld.org. For additional conference information, visit http://www.abi.org/calendar-of-events

Puerto Rico's Top Adviser Debates Bond Insurer on Bankruptcy

Submitted by jhartgen@abi.org on
ABI Bankruptcy Brief
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February 11, 2016

 
ABI Bankruptcy Brief
 
NEWS AND ANALYSIS

Puerto Rico's Top Adviser Debates Bond Insurer on Bankruptcy

The question of whether bankruptcy is a good option for Puerto Rico came to a head at an investor conference featuring the island's top restructuring adviser and head of one of the bond insurers with the most exposure to the commonwealth's securities, Bloomberg News reported today. Jim Millstein, founder of Millstein & Co. and the commonwealth's restructuring expert, said that bankruptcy would help bring all creditors together to make concessions. Nader Tavakoli, the chief executive officer of Ambac Financial Group, which guarantees repayment on $10.4 billion of Puerto Rico principal and interest payments through 2054, disagrees. The island needs to reduce spending and must repay its obligations, Tavakoli said.

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In related news, the Puerto Rico Senate has approved the PREPA Revitalization Act, intended to restructure the country's debt-laden power utility, Reuters reported yesterday. The bill now moves to the Puerto Rico House of Representatives, which would need to approve it before it could become law. "This legislation provides PREPA with critical tools to make PREPA the modern utility that Puerto Rico needs and deserves," the company said yesterday. PREPA, with more than $8 billion in debt, reached a restructuring deal in December with about 70 percent of its creditors.

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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.

ABI Podcast: Delays and Lack of Clear Restructuring Plan Continue to Hinder Puerto Rico Recovery Effort

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 recent sovereign debt crises, and examine current restructuring proposals for Puerto Rico.

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House Judiciary Committee Passes Bankruptcy Alternative for Large Banks

The House Judiciary Committee today passed (25-0) H.R. 2947, the "Financial Institution Bankruptcy Act (FIBA)." The bill proposes to create new provisions in the Bankruptcy Code to wind down a failing large bank with more than $50 billion in assets. Intended to provide an alternative to the Dodd-Frank Act's orderly liquidation process, the bill adds a new subchapter V to chapter 11 of the Bankruptcy Code to address the resolution of financial institutions, including large, multi-national financial firms. A similar bill passed the House in the 113th Congress. Click below to read the bill text.

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Report: U.S. Oil Bankruptcies Spike 379 Percent in 2015

At least 67 U.S. oil and natural gas companies filed for bankruptcy in 2015, according to consulting firm Gavin/Solmonese, representing a 379 percent spike from the previous year, CNNMoney.com reported today. With oil prices crashing further in recent weeks, five more energy gas producers succumbed to bankruptcy in the first five weeks of this year, according to Houston law firm Haynes and Boone. This dramatic increase in bankruptcy filings corresponds with the plunge in oil prices from over $100 a barrel in mid-2014 to below $27 today. It also reflects the drop in natural gas prices, which are near 14-year lows. Revenues have dropped, choking off cash flows and making it challenging for companies to pay off all that debt. Companies have responded by cutting jobs and slashing spending, but some of the more leveraged ones have been forced to resort to bankruptcy.

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Will exploration and production hit bottom in 2016? Be sure to attend ABI's Annual Spring Meeting in Washington, D.C., from April 14-17, as a panel of experts will be addressing this topic. Register today- rates go up tomorrow!

Op-Ed: The 1 Percent Rule Needs Fixing

by Kenneth A. Rosen of Lowenstein Sandler LLP (Roseland, N.J.)

Conflicts inevitably arise within law firms. Those familiar with chapter 11 likely know about the "1 percent rule," which requires law firms to disclose if a secured creditor accounts for more than 1 percent of its annual revenues. Less than 1 percent is deemed "de minimus," or inconsequential, in that representing the creditor is considered either conflict-free or, more likely, an acceptable level of conflict. While courts should recognize the inevitability of some conflicts and should apply the 1 percent rule generally, the rule should require greater disclosure and should be subject to a more thorough analysis of conflict under the specific facts of the case.

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Have You Seen Rochelle's Daily Wire? Don't Miss the Insights and Analyses of Important Case Decisions!

ABI Editor-at-Large Bill Rochelle provides his exclusive perspectives and analyses of important case decisions. New summaries appearing on today's Daily Wire include:
 

- Claim Buyer Doesn't Acquire Seller's Insider Status, Ninth Circuit Holds

Tap into Rochelle's Daily Wire via the ABI Newsroom, Daily Headlines e-mail and Twitter!

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BLOG EXCHANGE

New on ABI's Bankruptcy Blog Exchange: Secured Creditors Beware: Liability Lurks in Lockboxes

Lenders and secured creditors often require that debtor-customers direct all receivable collections into a lockbox, hoping to wrangle any available proceeds to apply to their debtors' outstanding debt. In requiring a debtor or its customer to remit payments to a lockbox, however, creditors may be overlooking a potential source of significant liability.

To read more on this blog and all others on the ABI Blog Exchange, please click here.

 

 
 
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Obama’s Budget Includes Bankruptcy Power, Billions in Relief for Puerto Rico

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President Obama is proposing to provide Puerto Rico with billions of dollars in relief, in addition to allowing the territory to declare bankruptcy on some of its debt, The Hill reported today. The president’s fiscal 2017 budget proposal, released yesterday, includes several policy changes aimed squarely at helping the territory boost its economy, and get out from under a debt burden island officials say is unmanageable. Among the changes are bankruptcy power for Puerto Rico, an expansion of the Earned Income Tax Credit to the island, and increased Medicaid funds. All the policy changes, if enacted, would apply to Puerto Rico and other U.S. territories. The president’s plan would also subject the island to “strong fiscal oversight,” but does not detail the exact nature of that oversight. Read more

In related news, officials from the U.S. territory of Guam, which issued $143 million of tax-free water bonds on Tuesday, said that borrowing costs could swell if Congress extends chapter 9 protection to U.S. territories as a way for Puerto Rico to reduce its $70 billion of debt, Bloomberg News reported yesterday. “When it comes to the policymakers in Washington, D.C., dealing with the Puerto Rico situation, I’ve made it very clear: Guam has no need nor desire to look at any type of backdoor such as bankruptcy protection,” said Guam Governor Eddie Calvo, a Republican who in 2014 won a second term to lead the island of 167,500. “That’s something we’ve always believed has made our triple tax-exempt bond sales very attractive — that we were treated a certain way,” Calvo said. Calvo’s argument is the same as the one made by some Senate Republicans and Puerto Rico investors, who say retroactively changing the rules around the commonwealth’s bonds could disrupt the functioning of the $3.7 trillion municipal market. Yet the proposal is most pressing for the four territories besides Puerto Rico that issue bonds that are tax-exempt at the federal, state and local level nationwide: American Samoa, Guam, the Northern Mariana Islands and the U.S. Virgin Islands. 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 Hearing Feb. 25 as Lawmakers Coalesce Around Duffy Bill

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A House committee will hear Treasury's Antonio Weiss discuss an analysis of Puerto Rico on Feb. 25, as lawmakers coalesce around a bill that would give the territory's authorities bankruptcy access in return for creation of a financial stability council, Bond Buyer reported today. The exact language of the bill, sponsored by Rep. Sean Duffy (R-Wis.) may not be included in final legislation, but lawmakers think the bill could serve as the foundation for legislation that joins the Republican support for a fiscal control or oversight board with the Democrat's call to give the territory's authorities the ability to restructure their debt. Weiss, a counselor to Treasury Secretary Jack Lew who has worked to resolve Puerto Rico's debt crisis, said at a Feb. 5 panel on the commonwealth sponsored by the Bipartisan Policy Center, that he has seen "very positive discussions taking place on both sides of the aisle" in Congress. He also pointed out that there now seems to be more agreement that any plan to help the commonwealth should include both restructuring and oversight. Read more.

In related news, Richard Ravitch, an adviser to the governor during New York City’s fiscal crisis in the 1970s, said that Puerto Rico needs to have broad bankruptcy powers to reduce its $70 billion of debt and revive its economy, Bloomberg News reported yesterday. The Caribbean island of 3.5 million and its agencies are unable to file for bankruptcy protection, as cities including Detroit have done. Puerto Rico Governor Alejandro Garcia Padilla has been seeking to persuade Congress to give the island some legal ability to restructure its debt to strengthen its hand with creditors. Ultimately, federal lawmakers will likely grant Puerto Rico’s request, said Ravitch, a former New York Lieutenant Governor who’s working as an unpaid adviser to the island. “The risk of social disorder and consequential responsibilities for the federal government will ultimately make all of Congress realize that this has to be done,” Ravitch said. He said the plan should include a “federal oversight board insuring that the restructuring plan is fair to the people of Puerto Rico. In the long term of the creditors, it’s the only way of solving the problem.” Read more.

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

Lawmakers Pledge Detroit School Bailout Won't Hurt Other Districts

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Lawmakers looking at a plan to spend $715 million over a decade rescuing Detroit’s ailing school district said on Thursday that they will not pass legislation that affects the funding in other districts across the state, the Associated Press reported on Friday. Instead, Republican and Democratic legislators are talking with Gov. Rick Snyder’s (R) administration about other funding sources, such as diverting a portion of tobacco tax revenue or the state’s settlement with tobacco companies. The Senate Government Operations Committee on Thursday held the first of a number of hearings on legislation to split the state-managed district in two this summer and gradually return control to a locally elected board. The district’s 46,000 students would attend school in a new district, while the old one would remain intact to retire $515 million in operating debt over eight to 12 years. A commission of state appointees created to review Detroit’s finances in the wake of bankruptcy would oversee the new district’s budget until the debt is repaid and other conditions are met.

Puerto Rico Acknowledges Ceding Control Key to Debt Accord

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Puerto Rico’s debt-restructuring advisers appear willing to give creditors and lawmakers one of the key conditions demanded as part of any debt restructuring: a degree of federal oversight of the commonwealth’s finances, Bloomberg News reported on Friday. “It’s clear that Congress, to the extent that it’s going to share its bankruptcy power with the commonwealth and allow us to use it to address the complexity of this restructuring, I think everybody’s acknowledged that a control board is an essential feature,” said Jim Millstein, the founder of restructuring adviser Millstein & Co. Millstein, along with attorney Richard Cooper of Cleary Gottlieb Steen & Hamilton LLP and Melba Acosta, the island’s debt chief, updated House and Senate staff members on Friday in Washington, D.C., on the commonwealth’s plan to reduce its debt load to $26.5 billion from $49.2 billion, a 46 percent cut. The House Natural Resources Committee last Tuesday spent about two hours discussing the possibility of putting a U.S. authority in place to help end to the chronic budget strains that have pushed the Caribbean island to default on some of its bonds. The idea has gained backing with Republicans as the House seeks to craft legislation by the end of March to assist the U.S. territory, though the scope of the new federal powers is still being considered. Read more

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

San Bernardino, Calif., Bondholders Reach Repayment Deal

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The city of San Bernardino, Calif., which has been stuck in bankruptcy for more than three years, has reached a repayment deal with its fiercest courtroom foe: a European bank owed about $52 million worth of municipal bonds, Dow Jones Daily Bankruptcy Review reported today. San Bernardino lawyers told Judge Meredith Jury that they have reached a tentative settlement with the bondholder but refused to say how much money the 200,000-resident city offered to repay. Under an earlier proposal, the Luxembourg bank that owns the bonds would get $655,000 plus interest. The deal still needs approval from bank officials and San Bernardino city councilors, according to documents filed in U.S. Bankruptcy Court in Riverside, Calif. The potential deal would silence one of the last remaining major critics of the city's turnaround strategy, making it easier for the city to get out of the bankruptcy case it filed in 2012. Bank lawyers have objected to the city's plan, saying that the city should raise taxes instead of forcing steep cuts on debt holders.

Chicago State University Claims Fiscal Emergency Over Budget

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Chicago State University in the city’s South Side yesterday claimed fiscal exigency, equivalent to college bankruptcy, as Illinois goes into its eighth month without a budget, Bloomberg News reported yesterday. The 5,200-student institution founded in 1867 warned last month that it would soon need to declare a fiscal crisis to stay afloat. Tom Wogan, a university spokesman, confirmed in an e-mail that the board of trustees claimed fiscal exigency during a meeting yesterday. The move allows the school to more easily adjust contracts. The school is running out of cash as it covers the loss of state funds as Illinois remains without a budget for the year that began July 1. About 70 percent of Chicago State’s students relied on financial aid in 2013. It only had a $5 million endowment as of June 30.
Chicago State has about $12 million of municipal bonds outstanding.
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