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Puerto Rico Sale Pushed to Tomorrow as Restructuring Looms

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Puerto Rico’s first bond issue since the commonwealth defaulted on a debt payment has been pushed out to Thursday at the earliest as investors evaluate the risk of the island’s restructuring plans, Bloomberg News reported yesterday. “It’s just to give investors time to do their work on the credit,” said Lyle Fitterer, who helps oversee $38 billion of municipal securities, including Puerto Rico debt, at Wells Capital Management in Menomonee Falls, Wis. Fitterer had been in contact with underwriters of the securities. The $750 million issue by the Puerto Rico Aqueduct & Sewer Authority, known as PRASA, had been tentatively scheduled to be priced yesterday, according to a presentation to investors last week.

Puerto Rico Agency Sets $750 Million Bond Sale After Default

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Puerto Rico’s main water utility plans to sell $750 million of revenue bonds, the first debt offering from the financially struggling Caribbean island since it defaulted on securities sold by one of its agencies last week, Bloomberg News reported yesterday. The deal may price as soon as next week. It will follow the Public Finance Corp.’s failure to make a full bond payment on Aug. 3 and comes just weeks before the commonwealth is set to propose a plan for restructuring its $72 billion of debt. Melba Acosta, the island’s top debt chief, doesn’t foresee the water agency reorganizing its obligations in such a move. The utility’s sale will test Puerto Rico’s ability to access the capital markets. Governor Alejandro Garcia Padilla in June said that the U.S. territory can’t afford to repay what it owes as the population falls and the economy struggles to grow. Its bond prices have dropped amid speculation about the scale of the losses facing investors.

Federalism Form and Function in the Detroit Bankruptcy

Submitted by admin2 on

This article tests the premise of limited federal court involvement in municipal bankruptcy cases against the real world of Detroit’s restructuring. The study is based on listening to digital audio recordings of court hearings and status conferences throughout the case in nearly real time, coupled with other primary source materials. Under the right conditions, we learn, a federal court can formally honor the explicit restrictions in the Bankruptcy Code while functionally exercising significant influence throughout a chapter 9 case. Some of the channels of influence operate beyond public view, including confidential mediation overseen by a powerful chief district judge and the court's feasibility team that, according to witness testimony, collaborated quite extensively with city officials. These tools form what I call the Detroit Blueprint – a procedural precedent sure to affect other municipal restructurings more than the (limited) substantive doctrine the case generated.

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Opinion: An Outsourcing Tale of Two Cities

Submitted by ckanon@abi.org on
When it comes to dealing with municipal fiscal woes and rising pension costs, Costa Mesa and San Bernardino offer an interesting contrast, especially when it comes to using outsourcing as a means of lowering costs and ensuring the continued delivery of public services, according to an op-ed piece on Friday in The Press-Enterprise. In the wake of the Great Recession, officials in then-cash-strapped Costa Mesa attempted to privatize nearly half of the city’s workforce to lower costs, but were rebuked by the courts. Since then, city officials have negotiated with unions to contract out street sweeping and jail operations, but they recently reached a legal settlement with unions that will prevent all but one future privatization effort (parks maintenance) for four years. In addition to granting a virtual moratorium on privatization, officials also granted employees a 4 percent pay increase. Contrast this with San Bernardino, whose bankruptcy exit plan relies heavily on outsourcing as a primary strategy for restoring fiscal solvency. In May, its city council overwhelmingly approved a bankruptcy plan that includes large-scale proposals to contract out 15 city services, which it estimates would produce at least $9 million in annual cost savings. Even more notable is that the proposed outsourcing list includes fire services, traditionally an area immune to competition. In fact, the bankruptcy plan relies on contracting out fire and emergency medical services to save at least $7 million a year.

Ferguson Councilman: Federal Proposal Could Bankrupt City

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As the anniversary of Michael Brown’s death nears, a Ferguson, Mo., city councilman says that the Justice Department’s proposal to overhaul policing and municipal courts in Ferguson could bankrupt the St. Louis suburb, The Washington Post reported yesterday. Councilman Brian Fletcher didn’t say exactly what parts of the plan he and others on the council find unacceptable but noted that the council unanimously agreed to request more time from the federal government to find an alternative that won’t “financially ruin the city.” Since Brown’s death and the racial unrest that followed, sales tax revenue and fines and fees collected in the predominantly black suburb have declined. Ferguson also has had to pay out large severances to its former police chief and city manager, who resigned in March after the Justice Department report was released. Mayor James Knowles III said that bargaining continues and no vote has been taken on the proposal.
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Will Detroit’s Success Encourage More Cities to File for Bankruptcy?

Submitted by ckanon@abi.org on
Detroit was one of very few cities to go into bankruptcy but it emerged a mere 16 months later and its finances are improving, Barron’s reported yesterday. On July 30, Moody’s Investors Service upgraded Detroit’s credit rating, but now Moody’s is worried that more cities will see bankruptcy as an attractive option — particularly for  fixing underfunded pensions. In a Thursday report, “Municipal Bankruptcy Still Rare, but No Longer Taboo,” Moody’s finds that going bankrupt is not as unthinkable as it once was. The article also notes that bankruptcy has been an effective way for municipalities to straighten out underfunded pensions, sometimes at the expense of bondholders. For investors in general obligation munis, the key takeaway should be that they may not have top priority in a bankruptcy, despite the GO promise. Detroit’s experience shows that all parties can share the pain in a bankruptcy, including muni investors.
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Bankrupt San Bernardino Can Move Forward with Fire Plan

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A federal judge refused a request from San Bernardino, Calif., city firefighters to stop the city from moving forward with plans to contract out for fire services, The Press Enterprise reported yesterday. The proposal to turn over the fire department to an outside agency is a key element of the city’s bankruptcy plan, which relies heavily on outsourcing some city functions. The City Council is set to consider proposals from the San Bernardino County Fire Department and a private firm at its Aug. 24 meeting. City officials will recommend that the Council choose the county. The San Bernardino City Professional Firefighters filed an emergency request Wednesday asking for a temporary restraining order to stop the city.
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Puerto Rico Has Another Debt Worry on Horizon

Submitted by jhartgen@abi.org on

After openly acknowledging on Monday that it had not made a $58 million bond payment, the Puerto Rico quietly disclosed in a financial filing later that afternoon that it had temporarily stopped making contributions of $92 million a month into a fund that is used to make payments on an additional $13 billion in bond debt, the New York Times reported today. A small payment from the fund is due on Sept. 1. Unlike the bond payments that went into default on Monday, the ones coming due are on general obligation bonds — the kind many investors have been led to believe would never go into default because the issuer’s full faith, credit and taxing authority stand behind them. Puerto Rico issued such bonds over the years to raise money for a variety of government projects, and investors bought them eagerly because the island’s constitution explicitly guaranteed that such bonds would be paid.

Atlantic City Cut Three Steps by S&P, Citing Lack of Debt Plan

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Atlantic City had its debt rating cut deeper into junk by Standard & Poor’s, which said the New Jersey gaming hub has no “clear plan” to address its fiscal woes, Bloomberg News reported yesterday. The municipality, which has been run by an emergency manager since January, was reduced three steps to B, the fifth level into junk, and may be lowered further, the ratings company said yesterday. Since Emergency Manager Kevin Lavin released a report in March citing the potential for deferred debt payments and job cuts, there has been no “additional clarity” on how the city can address its $101 million budget deficit and eroding tax base, Timothy Little, an S&P analyst, wrote in a release. Bankruptcy protection may be a “potential course of action” if as yet unimplemented solutions are unsuccessful, Little said. Atlantic City’s finances haven’t changed since May, when it sold securities with an S&P ranking of A-, the fourth-lowest investment grade, Michael Stinson, the city’s revenue and finance director, said yesterday.

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Puerto Rico Defaults on Most of Bond Payment

Submitted by jhartgen@abi.org on

Puerto Rico defaulted on a $58 million bond payment yesterday, a risky move that seemed to intensify the pressure on creditors for broader debt renegotiation, but might also make future borrowing far more difficult, the New York Times reported today. Whether Puerto Rico would make the payments was a subject of intense speculation among legal and financial experts for days as yesterday’s deadline approached. Although the island made a payment on the interest of about $628,000, it said it lacked the funds to pay the full amount. Puerto Rico is carrying more than $72 billion in debt, and that has raised serious questions about its financial future. Puerto Rico’s governor, Alejandro García Padilla, has called the total debt “unpayable” and is calling for a broadly based debt moratorium; details are to be released on Sept. 1. But some big institutional bondholders are disputing the idea that a global restructuring is necessary and are warning that unilateral actions by Puerto Rico will cause disruption and pain on the island, similar to the dislocations in Greece.