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June ABI Journal Article Spotlights Controversies over Restructuring Puerto Rico's Debt

Submitted by STEVE@LGCPLLC.COM on

Alexandria, Va. — The lead article in the June issue of the ABI Journal examines why Puerto Rico remains a hot topic in the distressed municipal sector and explores the financial controversies that will likely keep the U.S. territory in the spotlight for some time. “Puerto Rico is struggling with $73 billion in public debt, more than any other U.S. state except for California and New York,” writes Sonia Colón (Ferraiuoli LLC; Orlando, Fla.) in her article “Puerto Rico: Still in the Spotlight.” “Top finance officials ... have warned the governor of Puerto Rico that the government could shut down in the next three months due to insufficient liquidity.”

 

Following up on her October 2014 Journal article on Puerto Rico’s debt situation, Puerto Rico native Colón identifies continuing areas of concern:

 

  • Puerto Rico Bonds: “Junk status has not prevented the government and its municipalities from issuing additional debt to cover short-term liquidity problems and other noncapital investments, primarily because of their attractive triple tax exemption,” Colón writes. She said that a $2.95 billion bond issuance under consideration is needed to increase the liquidity of Puerto Rico’s Government Development Bank to keep its operations afloat.

 

  • Measures to Increase Revenues: The Puerto Rican government pushed measures to back the recent bond issuance, according to Colón. She writes that the government hiked the petroleum products tax in March, trimmed pensions for teachers and other government employees, and passed laws to stimulate the economy and generate investment.

 

  • Tax Reform: Colón details various proposals that the Puerto Rican government has recently considered to increase revenue through tax reform. Puerto Rico Governor Alejandro Garcia Padilla on May 29 signed a bill into law that is expected to bring in $1.2 billion of additional tax revenue.

 

  • Court Decisions and Legislation: Colón writes about the uncertainty related to the Puerto Rico Public Corporation Debt Enforcement and Recovery Act (the “Recovery Act”), which was to provide for the potential restructuring of the debt obligations of certain Puerto Rican public corporations. A U.S. District Court on Feb. 6 struck down the Recovery Act, determining that it violated the U.S. Constitution’s Supremacy Clause in attempting to pass bankruptcy law. Colón writes that an appeal of that decision is forthcoming in the next few weeks.

 

Colón also highlighted the re-introduction of H.R. 870, the “Puerto Rico Chapter 9 Uniformity Act,” in the U.S. House of Representatives. The legislation by Resident Commissioner Pedro Pierluisi, Puerto Rico’s non-voting voice representative to Congress, proposes to amend the Code to treat Puerto Rico as a state for purposes of chapter 9 relating to the adjustment of debts of municipalities. Receiving initial bipartisan support and a hearing on Feb. 26 in the House Judiciary’s Subcommittee on Regulatory Reform, Commercial and Antitrust Law, no legislative action is currently scheduled on H.R. 870 amid opposition from bond market stakeholders.

 

  • Public Corporations and the Situation with PREPA: Puerto Rico has multiple public corporations, Colón writes, including the Puerto Rico Electric and Power Authority (PREPA), the Puerto Rico Aqueduct and Sewer Authority and the Puerto Rico Highways and Transportation Authority. “These public entities hold approximately 40 percent of Puerto Rico’s debt,” Colón writes, and investors continue to worry that they will default.

 

Given the events of the past year, Colón thinks that the situation will be very unpredictable for Puerto Rico. “Going forward, and as Puerto Rico appears to be approaching a critical point in its financial crisis, systemic problems are likely to require difficult decisions by the government and could lead to further complex restructuring topics and considerations,” according to Colón.

 

To obtain a copy of “Puerto Rico: Still in the Spotlight,” published in the June issue of the ABI Journal, please contact John Hartgen at 703-894-5935 or via email at jhartgen@abi.org.

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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.

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Commentary: Puerto Rico Needs Reform, Not Bankruptcy

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A chapter 9 solution to Puerto Rico’s economic and financial woes, as the House Judiciary Committee is contemplating via H.R. 870, is ill-conceived on several grounds, according to a commentary in today’s Roll Call. First and foremost, the bill’s passage would override with retroactive effect the bond indentures of the millions of investors throughout the U.S. who have bought Puerto Rico’s bonds, mostly through mutual funds. H.R. 870 would give carte blanche to the Commonwealth to break its solemn pledge that our bonds would be paid in accordance with the laws and contracts under which they were issued, according to the commentary. Second, H.R. 870 would authorize only the island’s public utilities and agencies to restructure their debts under the supervision of a federal bankruptcy judge. Depending on how broadly it would be implemented, a chapter 9 process would thus apply merely to between one-fifth and one-third of the Commonwealth’s more than $70 billion of debts to bondholders and banks, according to the commentary. The bulk of public indebtedness would have to continue to be serviced in full and on a timely basis.

Puerto Rico’s PREPA Gets Forbearance Extension from Creditors

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Puerto Rico’s junk-rated power authority got a two-week extension from creditors that will give it more time to sort out its finances, Bloomberg News reported today. The accord allows the Puerto Rico Electric Power Authority (PREPA) to negotiate with bondholders, banks and debt insurers outside of court on ways to revamp its operations and finances. Talks have been going on since August. It’s the fourth time for creditors to consent to prolong the accord, which was set to expire yesterday. PREPA has $9 billion of obligations and has breached bond contracts by using reserves for debt payments.

Debt Talks Heating Up for Puerto Rico

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Puerto Rico’s publicly owned electric monopoly presented creditors with a restructuring plan, a month before a roughly $400 million payment comes due that analysts say the utility can’t pay, the Wall Street Journal reported today. The plan includes efforts to modernize the authority and increase efficiencies, with a goal of stabilizing power rates, according to Chief Restructuring Officer Lisa Donahue, who declined to talk about a possible debt restructuring, citing continuing confidential talks with creditors. The power authority, known as PREPA, is negotiating with creditors ahead of a June 4 deadline to extend talks or face a possible default. PREPA has been drawing on reserves to make debt payments and doesn’t have enough in those accounts to make the July payment, its trustee said in an April bond disclosure. The episode highlights the volatility of Puerto Rico’s fiscal situation as the commonwealth and its indebted public agencies face a series of deadlines in coming weeks, each of which has the potential to change investor attitudes toward the island’s debt.

Commentary: Changing U.S. Bankruptcy Law Will Not Help Puerto Rico

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Rather than pass a bill that bears directly on ongoing negotiations between Puerto Rico Electric Power Authority (PREPA) and its bondholders, Congress should use this opportunity to reconsider every aspect of the U.S. relationship with Puerto Rico, according to a Forbes.com commentary today. Maybe Puerto Rico should be a state, or maybe it should be completely independent of the U.S., according to the commentary, which went on to say, “They’ve sort of been in limbo for quite some time now, so let’s figure it out once and for all.” According to Carlos Colón de Armas, acting dean of the School of Business Administration at the University of Puerto Rico, “A Puerto Rican default should not surprise anyone. For eight years, from 2005 through 2012, government expenses exceeded revenues on average by approximately $1 billion annually.” As of 2014, virtually all of the Puerto Rico Government Development Bank’s (GDB) $9 billion in loans were to government enterprises, according to the commentary.

Group Proposes Investing $3.5 Billion in Puerto Rico Utilities

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A consortium of York Capital Management, NRG Energy Inc and ITC Holdings Corp have proposed investing as much as $3.5 billion in Puerto Rico's electrical infrastructure, Reuters reported yesterday. The island's electricity is supplied by struggling electric power authority PREPA, which has debt of around $9 billion and is due to present creditors with a business plan on Monday. The proposed investment would be for a total of $2.5 billion to $3.5 billion and would be subject to due diligence. PREPA, which provides electricity to Puerto Rico's roughly 3.5 million residents, charges consumers around double the average rate customers pay in the U.S. mainland. It is under pressure to convert from burning oil to generate power to generally cheaper and cleaner natural gas.

Puerto Rico's Debt Crisis Is Big Business for Lobbyists

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Puerto Rico’s $72 billion debt saga has become a booming business for Washington, D.C., lobbyists, who are developing websites, creating advertisements and lining up the support of conservative advocacy groups, Bloomberg News reported today. The junk-rated island’s woes have been a topic of debate on Capitol Hill since February, when Pedro Pierluisi, the island’s resident commissioner in the U.S. House of Representatives, introduced H.R. 870. to amend the Bankruptcy Code to treat Puerto Rico as a state. The bill would give Puerto Rico the option to authorize its municipalities and public agencies to file for chapter 9 protection. Chapter 9 currently doesn’t apply in Puerto Rico, a territory since the Spanish-American War.

Puerto Rico’s 10 Percent Yields Prove Too Tempting for Goldman to Skip

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Puerto Rico’s descent into junk has made its bonds more attractive to Goldman Sachs Asset Management and OppenheimerFunds Inc. even as their rivals flee, Bloomberg News reported yesterday. Goldman Sachs increased its stake in Puerto Rico bonds to $1.3 billion as of May 5 from $351 million in February 2014, when the island was cut to speculative grade, according to data compiled by Bloomberg. OppenheimerFunds has snapped up sales-tax backed debt since the downgrade. The two are bucking the trend among the 10 largest mutual-fund holders of Puerto Rico bonds by increasing their stakes as yields on some securities have climbed to 10 percent. The split among the mutual funds highlights how Puerto Rico debt has increasingly become too speculative for many municipal-bond buyers, who seek tax-free income, not the outsized returns chased by hedge funds.

Judge Approves Sale of Doral Insurance Unit

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A judge last week approved the $17.25 million sale of Doral Financial Corp.’s insurance arm to Popular Insurance LLC, which won a competitive auction earlier this month for the business, the Wall Street Journal reported today. The order was signed on Friday by Bankruptcy Judge Shelley C. Chapman. According to prior court filings, Popular Insurance won a 28-round auction on May 12 against Anglo-Puerto Rico Insurance Corp., which had served as the opening bidder with a $10.75 million offer. The two companies were the only qualified bidders. The judge had approved procedures for the auction early last month, including a $250,000 breakup fee that goes to Anglo-Puerto Rico since it served as the lead bidder but lost the auction. Doral had told the judge in court filings that Doral Insurance Agency LLC would likely have experienced a “rapid and substantial decline” in value if it wasn’t sold quickly.

Puerto Rico Senate Passes Sales-Tax Bill with Amendments

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Puerto Rico’s Senate approved a bill, with amendments, that increases the cash-strapped island’s sales tax, potentially raising revenue that will help balance the fiscal 2016 budget, Bloomberg News reported today. The Senate passed (14-12) the measure yesterday with an amendment to exempt certain processed foods. The amended bill now goes back to the House of Representatives, which narrowly approved the sales-tax hike last week. Governor Alejandro Garcia Padilla and lawmakers from his ruling Popular Democratic Party agreed on a framework for the tax boost May 14. The bill would raise the levy to 11.5 percent from 7 percent through March, after which it would transition into a value-added tax.