Skip to main content

%1

Puerto Rico Board Backtracks on Planned Bondholder Payments

Submitted by jhartgen@abi.org on

Puerto Rico’s financial oversight officials are backing away from commitments made to bondholders as the economic damage from the coronavirus becomes clearer, WSJ Pro Bankruptcy reported. The board overseeing Puerto Rico’s finances has concluded it won’t have a sufficient surplus to cover bondholders’ settlement payments under its current debt-adjustment proposal. The proposed restructuring, which writes down $35 billion in government bonds by 70 percent, laid out a path to end the U.S. territory’s court-supervised bankruptcy with the backing of major creditors. But the business and travel restrictions put in place to combat the spread of Covid-19 cut into the revenue needed to settle the government’s debts to bondholders and pensioners. The board, which sets Puerto Rico’s repayment terms, is considering trying to renegotiate the proposed settlement and avoid sparking litigation with creditors. A spokesman for the board said it would meet today to approve a new fiscal framework that would lay out how much bondholders could be repaid over the coming years.

Article Tags

House Democrats Seek to Overhaul Puerto Rico Financial Oversight

Submitted by jhartgen@abi.org on
A group of House Democrats on Friday introduced a long-shot bill that would overhaul the federal government’s relationship with Puerto Rico, allow an independent audit of the commonwealth’s billions in debt and give local authorities the power to discharge unsecured debt deemed excessive, Bloomberg News reported. The proposal by House Natural Resources Chairman Raul Grijalva (D-Ariz.) and other lawmakers would make sweeping changes to the Puerto Rico financial rescue law, known as Promesa. But it’s unlikely to find much support in the Republican-controlled Senate if it makes it out of the House. Among its key provisions: The bill defines the commonwealth’s public health care, education, safety and pensions as essential public services, making it harder for them to be cut by the federal board that oversees the territory’s finances. It also guarantees funding for the University of Puerto Rico and requires the federal government to finance the operation of the oversight board. The bill amends the Promesa Act, which was passed in 2016 as the U.S. commonwealth staggered under $120 billion in debt and unfunded pension obligations. That law created the Fiscal Oversight and Management Board, a federally appointed body that’s supposed to help restructure the island’s debts as it pursues a form of bankruptcy.
 
Article Tags

COVID-19 May Cost Puerto Rico $2 Billion in Taxes, Board Says

Submitted by jhartgen@abi.org on

The coronavirus pandemic could cut Puerto Rico’s tax revenue by as much as $2 billion in fiscal year 2020, the commonwealth’s federal oversight board said Wednesday, the latest setback for efforts to restructure the commonwealth’s debt, Bloomberg News reported. Natalie Jaresko, the board’s executive director, said the estimate reflects a projected $20 billion drop in economic activity on the island, which is working its way through a bankruptcy restructuring after amassing some $120 billion in debt and pension obligations. The oversight board — created by the U.S. Congress to help right Puerto Rico’s finances — is scheduled to approve a new fiscal plan by month’s end. For the first time, Jaresko said that the plan would include a set of worst-case scenario projections, reflecting the added uncertainty Puerto Rico is facing. Puerto Rico, a U.S. territory of 3.2 million people, took some of the most dramatic steps of any U.S. jurisdiction to try to stop the spread of the virus, barring cruise ships, closing regional airports and shutting all non-essential businesses on March 16. While manufacturing, construction and some professional service companies have been allowed to reopen with restrictions, much of the economy remains paralyzed. Jaresko praised the local government for taking decisive action but said it has come at a cost. “The states that have been successful in shutting down and containing have a harder time defining how you restart” the economy, she said. “And that’s really the challenge that lies ahead for Puerto Rico.”

Article Tags

Puerto Rico Wants Debt Payments Scaled Back Further, Citing Coronavirus

Submitted by jhartgen@abi.org on

Puerto Rico’s government called for deeper cuts in debt repayment in light of the coronavirus pandemic’s severe economic impact, saying a $35 billion restructuring proposal from financial-oversight officials “is simply not feasible,” WSJ Pro Bankruptcy reported. The U.S. territory said that its financial-oversight board should abandon a proposed restructuring of government bonds and public pensions now that previous assumptions around Puerto Rico’s economic trajectory are no longer viable. The board, which is overseeing Puerto Rico’s public finances, has already put an indefinite pause on the proposed debt-adjustment plan while assessing the economic impact of the pandemic. “As a practical matter, the board’s commitments made to various creditor groups in the proposed plan of adjustment no longer work,” the government said on Sunday in a document outlining the long-term fiscal outlook. A spokesman for the board, which gets the final say on whether debt repayments need to be changed, said it was reviewing the government’s suggestion. The government predicted it could lose at least $1.5 billion in “tax revenue due to a combination of reduced economic activity and delays or postponements of tax payments” in the current fiscal year, which ends June 30. Through the 2022 fiscal year, the total economic impact could reach $5.7 billion, the government said.

Judge Voids Puerto Rico Pension Law, Delays Effective Date Due to Coronavirus

Submitted by jhartgen@abi.org on

A U.S. judge ruled yesterday that bankrupt Puerto Rico cannot fund more than $300 million in annual pension and health costs for its municipalities, but suspended the effective date of the order for three weeks due to the ongoing coronavirus health crisis, Reuters reported. Puerto Rico’s federally created financial oversight board sued the U.S. commonwealth’s governor and fiscal agency in July, contending a new law authorizing the funding does not comply with its fiscal plan and violates the 2016 federal PROMESA Act, which established the board and a restructuring process for Puerto Rico’s $120 billion of debt and pension obligations. Judge Laura Taylor Swain, who is hearing Puerto Rico’s bankruptcy, voided Law 29, a measure enacted last May to aid the Caribbean island’s cash-strapped municipalities by eliminating their obligation to pay for employee health and pension costs. The order, however, will not take effect until May 6 due to “the additional challenges facing the parties during the COVID-19 public health crisis,” according to Judge Swain’s ruling.

CBO: Student Debt Forgiveness in U.S. to Total $207 Billion in Next Decade

Submitted by jhartgen@abi.org on






ABI Bankruptcy Brief


February 13, 2020

 
ABI Bankruptcy Brief
 
 
 
 
NEWS AND ANALYSIS

CBO: Student Debt Forgiveness in U.S. to Total $207 Billion in Next Decade



The Congressional Budget Office issued a report yesterday that said that the U.S. government will forgive $207.4 billion in student debt for Americans who take out loans over the next decade, the Wall Street Journal reported. The biggest benefits will go to borrowers who attend graduate or professional school. The CBO projects that the government will originate $1.05 trillion in new loans from 2020 to 2029. Much of that will end up in income-driven repayment plans, which set monthly payments as a share of a borrower’s income and then forgive balances that remain after 20 to 25 years, or 10 years for workers in public-sector jobs. The biggest benefits will go to Americans who borrow for graduate school, the CBO said in a report. The government will likely forgive $167.1 billion for such borrowers, or 56 percent of the amount extended. The forgiven amount includes the original loan amounts, or principal, as well as unpaid interest. The government will forgive about $40.3 billion on new loans made for undergraduates over that period, or 21 percent of the original amounts, according to the CBO study, which was ordered in 2018 by Senate Budget Committee Chairman Sen. Mike Enzi (R-Wyo.). The U.S. government is the nation’s primary lender for college and graduate students. About 43 million Americans owe $1.51 trillion in federal student loans. Current law requires that any balances forgiven for private-sector workers will be taxed as ordinary income.

Study: High Child-Care Costs Are a Significant Hurdle for First-Time Home Buyers



The damping effect of student loan debt on home ownership has been much discussed, but another expense may be delaying some from entering the housing market: child-care costs, the Washington Post reported. A recent study by Freddie Mac found that, adjusted for inflation, child care expenses jumped by 49 percent over the past 25 years. During that same period — 1993 to 2018 — housing costs rose by 14 percent when adjusted for inflation. Freddie Mac’s research found that families with child-care expenses had less money to spend on their housing costs. According to Freddie Mac’s research, families spend an average of $715 per month on child care. For families with younger children, the cost averages $948. The percentage of income spent on child care varies but hits lower-income families harder. Researchers found families who earn less than $1,500 per month spend an average of 40 percent of their income on child care. Families with a monthly income of $4,500 and more spend about 7 percent of their income on those costs.





Commentary: Puerto Rico’s Debt Deal Has a $16 Billion Unknown*



General-obligation bondholders reached an agreement in Puerto Rico's bankruptcy, but the case may hinge on the treatment of other debt, according to a Bloomberg commentary. The potential deal would cut Puerto Rico general obligations and debt guaranteed by the commonwealth to $10.7 billion from $17.8 billion, about a 40 percent reduction. The overall plan slashes debt and non-bond claims to $11 billion from $35 billion, a $24 billion reduction. However, one large part of Puerto Rico’s debt stack isn’t getting much attention, even though it’s facing the steepest losses and is a crucial component for making the entire restructuring plan work, according to the commentary. The oversight board’s revised agreement shows $16 billion of debt marked as “ERS, Clawbacks, and Other” that would receive a recovery rate of just 3 percent. The category includes bonds issued by the Puerto Rico Convention Center District Authority, the Infrastructure Financing Authority and the Highways and Transportation Authority, among others. The new proposal is structured such that a huge chunk of debt reduction is coming at the expense of these junior creditors, who notably haven’t agreed to the terms, said Brad Setser, a former U.S. Treasury economist and now a senior fellow at the Council on Foreign Relations. With where things stand on the island, it’s hard to see how junior bondholders could make a case for a better recovery, according to the commentary. The plan has some caveats around that 3 percent rate, noting that it “excludes any potential recoveries from assets currently at ERS (approximately $1.2 billion). Amounts are subject to further diligence and material revision. Assets remain subject to ongoing litigation.”





*The views expressed in this commentary are from the author/publication cited, are meant for informative purposes only, and are not an official position of ABI.



Don't miss the ABI Talk, "PROMESA'S Long Road of Good Intentions," by Cate Long of the Puerto Rico Clearinghouse (New York) at this year's Annual Spring Meeting! For more information about the conference and to register, please click here.

U.S. Labor Strikes Increased to 18-Year High in 2019, Led by Teachers



U.S. labor strikes last year increased to their highest level since 2001, with lost work days led by General Motors Co. and Chicago Public Schools, Bloomberg News reported. Total work stoppages involving 1,000 or more workers climbed to 25 in 2019, most of them comprised of education and health workers across the country, according to a Bureau of Labor Statistics report released on Tuesday. The number of strike participants fell from the prior year, but days lost topped 3.2 million — the most since 2004. More than one-third of that total came from autoworkers at GM, whose six-week strike last year was the longest automotive walkout in half a century. Unions have been losing members for decades, with the latest BLS data showing that their ranks fell slightly to 10.3 percent in 2019 from 10.5 percent the prior year. In 1983, one-fifth of workers were represented by organized labor. Overall, the labor market remains tight and employers are desperate for skilled workers, giving workers more bargaining power. Strike activity, though, is far below the levels of the mid-late 20th century. In 1981, for example, there were 145 major strikes, which cost employers about 17 million working days. Levels haven’t topped 100 strikes a year since then. One strike from last year, United Steelworkers working for ASARCO in Arizona and Texas, is ongoing, according to BLS.



Upcoming abiLIVE Webinar Explores the HAVEN Act and How to Approach Military or VA Benefits in Bankruptcy

The HAVEN Act was signed into law last year to correct the Code to exclude VA benefits from the current monthly income used in the means test. Members of ABI’s Task Force on Veterans and Servicemembers Affairs worked diligently to have the bill introduced and signed into law to help financially struggling veterans and servicemembers. Find out about the key points of the HAVEN Act, and get pointers on how to approach cases involving military or VA benefits, during a special abiLIVE webinar on February 26. Members of the Task Force, along with top practitioners, will be providing their perspectives. Click here to register for FREE.

Sign up Today to Receive Rochelle’s Daily Wire by E-mail!

Have you signed up for Rochelle’s Daily Wire in the ABI Newsroom? Receive Bill Rochelle’s exclusive perspectives and analyses of important case decisions via e-mail!



Tap into Rochelle’s Daily Wire via the ABI Newsroom and Twitter!

PRESIDENTIAL PARTNERS



Bloomberg Law



Gavin / Solmonese



Thompson-Reuters

 


 


 


 
BLOG EXCHANGE

New on ABI’s Bankruptcy Blog Exchange: Unanswered Questions: Small Business Reorganization Act of 2019



A recent blog post recently compiled a few questions about the Small Business Reorganization Act that don’t seem to have a ready or clear answer as the law goes into effect on Feb. 19, and that will need to await action by the various bankruptcy courts and their appellate overseers.



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

 
© 2020 American Bankruptcy Institute

All Rights Reserved.
66 Canal Center Plaza, Suite 600

Alexandria, VA 22314
 

Puerto Rico Debt Plan at Risk as Economic Outlook Darkens

Submitted by jhartgen@abi.org on

Puerto Rico and a group of investors in February agreed to a debt-cutting deal that would allow them to recover as much as 77.6 cents on the dollar from their investment in the island’s bonds. But that deal may have to be revisited as the coronavirus darkens the outlook for the economy, Bloomberg News reported. While the commonwealth estimates its economy has been growing after more than a decade of contraction, the coronavirus could exert a considerable drag on Puerto Rico’s economy over the next two quarters. The tentative plan for how to slash nearly $18 billion of Puerto Rico’s debt is on hold after the judge overseeing the record bankruptcy canceled hearings set for early June as island officials work to slow the spread of the disease. They’ll also be working with Puerto Rico’s financial oversight board to assess the economic impact of the virus on the island’s ability to repay bondholders, the commonwealth’s Fiscal Agency and Financial Advisory Authority said in a court document filed on Thursday. The debt restructuring plan faced hurdles even before the coronavirus. Bond insurers hadn’t signed on to the tentative deal and Governor Wanda Vazquez criticized the proposal. The oversight board on Feb. 9 struck the tentative deal with Aurelius Capital Management and other investors. It includes a range of recoveries depending on the security. General obligations sold in 2014 with an 8 percent coupon would get 65.4 cents on the dollar while Public Buildings Authority debt sold before 2011 would get 77.6 cents. Some Puerto Rico bonds are trading below those levels following the steep sell-off in the municipal market earlier this month. General obligation bonds with an 8 percent coupon and maturing in 2035 traded yesterday at about 59 cents on the dollar, down from an average 73.8 cents in February, according to data compiled by Bloomberg.

Article Tags