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Senate Judiciary Committee to Hold Dec. 1 Hearing on Puerto Rico

Submitted by jhartgen@abi.org on

Sen. Chuck Grassley (R-Iowa), who chairs the Senate Judiciary Committee, said yesterday that he will convene a hearing on Puerto Rico's financial turmoil on Dec. 1, Reuters reported yesterday. Grassley said that he wants to help the committee and the public "gain a better understanding of the root cause of Puerto Rico's fiscal problems, discuss what's currently being done, and consider what options are available." Puerto Rico, a U.S. commonwealth facing $70 billion in debt and a roughly 45 percent poverty rate, is barred from filing for bankruptcy under federal insolvency laws. Legislative proposals to give the island access to a debt restructuring process have been supported in one form or another by the island's government, some presidential candidates, and the Obama administration. Lawmakers, however, have signaled that it might take Congress a long time to enact a legislative solution for Puerto Rico, and have urged the U.S. Treasury to do more to help the island. Read more

For more on Puerto Rico’s debt crisis, be sure to visit ABI’s “Puerto Rico in Distress” webpage

Moody's Sees Puerto Rico Defaulting on Some Debt Payments Due on Dec. 1

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Moody's Investor Service said yesterday that Puerto Rico is likely to default on at least some of its $355 million in debt payments due Dec. 1, citing growing liquidity pressures, Reuters reported. The U.S. commonwealth, facing around $70 billion in total debt, is struggling to breathe life into a stalled economy with a roughly 45 percent poverty rate. Moody's has rated Puerto Rico Caa3 negative, one of the lowest ratings possible, indicative of obligations of “a very high credit risk.” The ratings service said in a note yesterday that the island "continues to operate with extremely limited internal liquidity and no access to external sources of financing." The debt due on Dec. 1 was issued by Puerto Rico's Government Development Bank. About $273 million of it is so-called general obligation (GO) debt, which is considered the island's highest priority debt and protected by its constitution. The GDB has said that it will make the payment, but Moody's was skeptical, noting that Puerto Rico has another $330 million in GO debt due on Jan. 1. Read more

For more news and analysis on Puerto Rico’s debt crisis, be sure to visit ABI’s “Puerto Rico in Distress” webpage

Atlantic City Mayor OK with Christie's Changes

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Atlantic City, N.J., Mayor Don Guardian said that he could live with changes proposed by Gov. Chris Christie through conditional vetoes to the state's rescue package of his troubled city, Philly.com reported today. He warned that the city needs the infusion of aid to continue to be solvent. "It's impossible without these bills," he said. "We absolutely need these bills to move forward." Guardian said that the additional state controls on aid to the city requested by Christie in his veto message on Monday do not represent a big change from what is already a heavily monitored and state-managed municipality. Guardian had stayed uncharacteristically mum Monday after the governor's complicated conditional veto of most of the package and some stinging characterizations of city stakeholders as lacking fiscal restraint. Others were not as reticent. State legislators expressed frustration that the governor had waited five months to take action and sent the bills back with a host of changes. Despite the governor's harsh rhetoric — Christie said the city's stakeholders eschewed "fiscal restraint and leadership" in favor of "self-preservation and vacillation" — Guardian said that he supported the specific changes. A day of studying the governor's line-by-line edits turned up nothing that would materially alter the mission of stabilizing the tax base, Guardian said. The city has been counting on these bills since they were proposed a year ago. They were passed by the legislature mnjin June.

Puerto Rico Electric Needs Insurers on Board by Thursday

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The Puerto Rico Electric Power Authority (PREPA) needs to get insurance companies that guarantee a portion of the utility’s debt against default to endorse a conditional restructuring agreement by Thursday to avoid the risk of the deal with bondholders falling apart, Bloomberg reported yesterday. If MBIA Inc., Assured Guaranty Ltd. and Syncora Guarantee Inc. don’t sign on to the debt exchange finalized with some investors last week, then PREPA, its fuel-line lenders and the bondholder group will work to implement a recovery plan “through a mechanism to be agreed among the parties that may include, without limitation, a judicial process, including an enforcement proceeding under applicable law,” according to the Nov. 5 agreement. The insurers run the risk being liable for the repayment of about $2.5 billion of bonds if PREPA fails to make payments and the restructuring is viewed as a default. Under the agreement, about 35 percent of the utility’s bondholders agreed to absorb losses of as much as 15 percent and delay repayment to give the struggling utility more breathing room to restructure its finances as well as time to improve operations. The agency is hampered by its inability to reorganize in bankruptcy court as utilities in the mainland U.S. can.

A Politically Viable Puerto Rico Reform Plan

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The Obama administration has devised a plan to help rescue Puerto Rico from its insolvency and, according to a report in The Hill today, it's more sizzle than steak, with no chance of enactment. The island's increasingly dire economic outlook and its threat to stop paying its bondholders if it means "not paying a teacher, policeman or nurse" have frozen the government out of financial markets, leaving it with just a few weeks of liquidity on hand. To head off a cash crunch, the island's government asked Congress to extend it the same chapter 9 bankruptcy protection given to the states. To its credit, the White House's plan does contain some sensible reforms, according to the commentary. It would allow the island's residents to receive the earned-income tax credit — an effective poverty-reduction plan that is much more copacetic to the labor market than the minimum wage — and would substantially boost Medicaid spending in Puerto Rico. Nearly half of the island's residents are on Medicaid. So far so good — but the proposal would also create a more expansive, or "super," version of chapter 9 for Puerto Rico that would cover all of the island's debts, and not just the debts of its municipalities or government agencies.

Carson Backs Puerto Rico Statehood

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Republican presidential candidate Ben Carson endorsed statehood for Puerto Rico at a Sunday campaign event on the island, CNN reported yesterday. "In a Carson administration, I will leave no stone unturned in my efforts to secure this important step in Puerto Rico's history — establishing Estado 51," said the retired neurosurgeon. Carson traveled to the island territory to address a statehood advocacy group convention. The campaign estimated that 3,500 people attended the New Progressive Party rally. “[M]y campaign is built around the premise of 'We the People,' and through such lens, I view the statehood question in Puerto Rico as settled," Carson said, referring to a 2012 referendum in which a majority of island voters backed making Puerto Rico the 51st state. Democratic front-runner Hillary Clinton has called on Congress to give the economically struggling island "a fair shot at success" by allowing it to file for chapter 9 bankruptcy — a lifeline that is supported by former Gov. Jeb Bush but opposed by Sen. Marco Rubio.

Atlantic City Rescue Bills Set to Be Law Without Christie Action

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New Jersey Governor Chris Christie (R) must act on five bills intended to stabilize the finances of Atlantic City or they will become law on Monday without his signature, Bloomberg News reported yesterday. The legislation would have casinos make fixed payments instead of property taxes, divert gambling-tax revenue that’s used for redevelopment projects to debt service, shift marketing funds to the city, provide more aid to schools and protect benefits for casino workers. By establishing a revenue stream from the casinos, city officials would avoid battling them over property-tax appeals that could “significantly strain city finances, conceivably driving the city into bankruptcy,” Moody’s Investors Service said in a July report. Atlantic City closed a $101 million budget deficit this year partly by anticipating $33.5 million of revenue from casinos that now goes to redevelopment projects and marketing.

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Puerto Rico Electric Finalizes Pact with Bondholder Group

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The Puerto Rico Electric Power Authority, the island’s main electricity provider, has entered into a debt-exchange agreement with some of its bondholders and hedge funds that puts the utility a step closer to reducing its $8.3 billion debt load, Bloomberg News reported yesterday. The accord wraps up a preliminary pact unveiled in September that calls for investors to take losses of as much as 15 percent in the transaction, according to a statement Thursday from the utility, known as PREPA. The pact stipulates that legislation authorizing the debt restructuring that was introduced this week must be passed in November and that the exchange must be executed by June 30, 2016, according to a statement from the bondholder group. Hedge funds and municipal mutual funds holding about 35 percent of the agency’s bonds, fuel-line lenders and the Government Development Bank, which lends to the island’s agencies, signed on to the final pact. The agreement doesn’t include bond-insurance companies MBIA Inc., Assured Guaranty Ltd. and Syncora Guarantee Inc., which guarantee about $2.5 billion of the utility debt against default. Read more

Will a form of chapter 9 bankruptcy protection help Puerto Rico's debt crisis? Register your vote on ABI's new Twitter poll

For the latest news and analysis on Puerto Rico’s debt crisis, be sure to visit ABI’s “Puerto Rico in Distress” webpage

Puerto Rico Crisis Spurs U.S. Bill Seeking Hedge Fund Disclosure

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Hedge funds’ involvement in the Puerto Rico debt crisis is leading U.S. Representative Nydia Velazquez (D-N.Y.) to propose legislation that would force the firms to reveal more about their investments, Bloomberg News reported yesterday. Velazquez, who sits on House Financial Services Committee, wants hedge funds to file with the Securities and Exchange Commission whenever they acquire at least 1 percent of a company’s stock, down from the current 5 percent threshold. The bill she has drafted would apply the same disclosure requirement to debt and derivatives. Hedge funds have drawn scrutiny for snapping up Puerto Rico bonds, whose prices have tumbled as the island’s fiscal crisis escalated. Velazquez said that the funds may be advocating for spending cuts that would hurt Puerto Ricans and against legislation that would let some agencies file for bankruptcy, which would allow them to cut their debts in U.S. court. Read more

In related news, Puerto Rico Governor Alejandro Garcia Padilla’s administration sent to the island’s legislature a bill that would give its main electricity provider power to restructure about $8.3 billion of debt, Bloomberg News reported yesterday. The Puerto Rico Electric Power Authority, known as PREPA, has been negotiating since August 2014 with its creditors on how to ease the utility’s debt payments and modernize a system that relies heavily on crude oil to produce electricity. PREPA faces a $1 billion shortfall for the fiscal year ending June 30, 2016, according to the governor’s legislation. The utility has a $196 million interest payment due to bondholders on Jan. 1. Read more

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

Judd Gregg: The Pitfalls of a Puerto Rico Bankruptcy

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The Obama administration released its Puerto Rico plan last week to give the entire Commonwealth of Puerto Rico the ability to file for chapter 9 bankruptcy to deal with its debt crisis. Any bankruptcy bill for Puerto Rico would punish retirees whose pension funds invested in these bonds because they were tax-free, had strong security and were explicitly protected from chapter 9, according to a commentary by former governor and U.S. Senator Judd Gregg in The Hill yesterday. Conversely, it would reward Puerto Rico and its politicians for years of irresponsible spending and poor fiscal policy, according to Gregg. Equally significant is the implication of this new type of chapter 9 for American investors in the near-future. Illinois, New Jersey, Pennsylvania, Connecticut are among the states with large unfunded liabilities facing fiscal crises — and the list is growing at an alarming speed, according to Gregg. If such a protection were extended to Puerto Rico, he asks, why wouldn’t those states expect equal access to this new form of chapter 9? Read more

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