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JPMorgan Trading Loss May Reach 9 Billion

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Losses on JPMorgan Chase's bungled trade could total as much as $9 billion, far exceeding earlier public estimates, the New York Times' DealBook blog reported today. When Jamie Dimon, the bank's chief executive, announced in May that the bank had lost $2 billion in a bet on credit derivatives, he estimated that losses could double within the next few quarters. The losses, however, have been mounting in recent weeks as the bank has been unwinding its positions. The bank's exit from its money-losing trade is happening faster than many expected. JPMorgan previously said it hoped to clear its position by early next year; now it is already out of more than half of the trade and may be completely free this year. As JPMorgan has moved rapidly to unwind the position -- its most volatile assets in particular -- internal models at the bank have recently projected losses of as much as $9 billion. In April, the bank generated an internal report that showed that the losses, assuming worst-case conditions, could reach $8 billion to $9 billion.

Barclays to Settle Regulatory Claims Over Manipulation of Key Rate

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Barclays has agreed to pay hundreds of millions of dollars to resolve accusations that it attempted to manipulate a crucial interest rate, the first settlement in a sprawling global investigation targeting many of the world's biggest banks, the New York Times' DealBook blog reported today. The British bank struck a deal with regulators in Washington, D.C., and London, and the full terms of the deal will be announced later today. The U.S. Commodity Futures Trading Commission is expected to levy a $200 million penalty, the largest in the agency's history. The Financial Services Authority in London is also involved in the action. The investigation centers on the way Barclays and other big banks set a key benchmark for borrowing known as the London Interbank Offered Rate (LIBOR). Regulators have questioned whether the banks attempted to improperly set the rate at a level that was favorable to their own institutions.

Living Wills Are Due for Some Banks on July 1 but FDICs Hoenig Sees No Cure-All

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ABI Bankruptcy Brief | June 26, 2012


 


  

June 26, 2012

 

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  NEWS AND ANALYSIS   

LIVING WILLS ARE DUE FOR SOME BANKS ON JULY 1, BUT FDIC'S HOENIG SEES NO CURE-ALL



Some of the biggest banks are being asked to submit by July 1 road maps for how they can be quickly and cleanly liquidated, but a top regulator said that he does not back using the so-called living-will process to break them up, the Wall Street Journal reported today. Thomas Hoenig, vice chairman of the Federal Deposit Insurance Corp., also does not think that the new regulatory process will end "too big to fail"-- the expectation that the government will bail out faltering financial firms rather than risk the damage their failure would inflict on the system. "I want it to have good results, but it will not be the cure-all," Hoenig said in an interview. While the living wills will force bank management to better understand their own institutions, the largest firms will remain excessively big and complex, with too much of an impact on the economy, he said. The living-will process was established in 2010 by the Dodd-Frank Act. Read more. (Subscription required.).

REPORT: HOMEOWNERS SHOW INCREASED INTEREST IN EXPANDED HARP



A recent government report showed that more underwater homeowners have been taking advantage of an expanded Home Affordable Refinance Program (HARP) to refinance their loans and obtain lower interest rates, the New York Times reported on Friday. According to the June report by the Federal Housing Finance Agency, which oversees Fannie Mae and Freddie Mac, in the first quarter 180,000 mortgages were refinanced through what is known as HARP 2, almost double the 93,000 in the fourth quarter of 2011 and the highest quarterly number since the HARP program started in 2009. The program was expanded last fall with several modifications, including the removal of certain fees and a second appraisal, and an extension of the deadline to Dec. 31, 2013. In addition, the cap was removed on the loan-to-value ratio. When the program began, there had been a ceiling of 125 percent, meaning loans could not be underwater by more than 25 percent. Read more.

BIGGEST U.S. BANKS CURB LOANS AS REGIONAL FIRMS FILL GAP



The biggest U.S. banks are extending less credit amid a faltering economic recovery as regional lenders step in to fill the gap, Bloomberg News reported today. Total loans at the four largest U.S. banks -- JPMorgan Chase & Co., Bank of America Corp., Citigroup Inc. and Wells Fargo & Co. -- fell 4.9 percent to $3.04 trillion in the first quarter from the same period in 2010, according to data compiled by Bloomberg. Lending by the 17 smallest of the 24 firms in the KBW Bank Index increased 9.8 percent to $1.27 trillion. Citigroup, the third-largest U.S. lender by assets, and Charlotte, N.C.-based Bank of America reported the biggest drops. Total loans at New York-based Citigroup fell 10 percent to $648 billion in the two-year period, while those at Bank of America declined 7.6 percent to $902.3 billion. Read more.

U.S. DEFENSE DEPARTMENT PLANS TOUGHER RULES ON SMALL LOANS



The U.S. Department of Defense plans to strengthen rules designed to curb abusive lending to servicemembers as Congress considers changes to a 2006 law that regulates small loans, according to a senior military officer, Bloomberg News reported today. The Senate Armed Services Committee approved amendments to the Military Lending Act on June 6 as part of its annual review of defense policy, including one that would tighten the definition of "payday loan" to cover other high-interest products. Congress passed the law in response to complaints from the Pentagon that so-called payday loans were often harmful for servicemembers and that they affected troop readiness. The law effectively banned payday lending to members of the military by limiting the loans to an interest rate of 36 percent. The proposed changes would also require the Pentagon to study and regulate installment loans aimed at members of the military. "The legislation has been extremely effective in stamping out abuses involving these types of credit," Colonel Paul Kantwill, director of legal policy in the Department of Defense's Office of the Undersecretary for Personnel and Readiness, said in testimony to the Senate Banking Committee today. Kantwill said in his testimony that the department may publish advance notices of proposed rulemaking once it is clear what changes may be included in the final legislation. Read more.

Click here to read the prepared witness testimony from today's hearing.

ANALYSIS: BIRMINGHAM LIKELY TO PAY A PRICE FOR JEFFERSON COUNTY'S BANKRUPTCY



While officials from Birmingham, Ala., say that they have a lot to offer municipal-bond investors, the city is the county seat for Jefferson County, which last year filed the biggest municipal bankruptcy in U.S history, the Wall Street Journal reported today. As Birmingham weighs a return to the bond market, its leaders will soon find out if the city will pay a price for the county's chapter 9 filing. Though Birmingham offers a jobless rate below the national average, a credit rating on par with New York City's and lots of cash in reserve, it is likely the city will pay higher interest rates than similarly credit-worthy cities and towns. The city and county keep their finances separate, and the contrast between them is stark. Jefferson County recently cut back services at its hospital for the poor and skipped a debt payment to preserve cash. County officials expect to run out of reserves by October. Read more. (Subscription required.)

ABI IN-DEPTH

LATEST CASE SUMMARY ON VOLO: SAMSON V. WESTERN CAPITAL PARTNERS, LLC (IN RE BLIXSETH; 9TH CIR.)



Summarized by Elie Ian Herman of Pace Law School

The Ninth Circuit ruled that termination of the automatic stay under Section 362(h) applies to all the debtor's personal property securing a creditor's claim, rather than just the personal property scheduled as securing that claim.

More than 500 appellate opinions are summarized on Volo typically within 24 hours of the ruling. Click here regularly to view the latest case summaries on ABI’s Volo website.

NEW ON ABI’S BANKRUPTCY BLOG EXCHANGE: SUPREME COURT DECLINES TO HEAR NET EQUITY ISSUE



The Bankruptcy Blog Exchange is a free ABI service that tracks 35 bankruptcy-related blogs. A recent post looked at the U.S. Supreme Court’s decision to pass on the opportunity to decide how the claims of investors in Bernard L. Madoff Investment Securities LLC should be calculated.

Be sure to check the site several times each day; any time a contributing blog posts a new story, a link to the story will appear on the top. If you have a blog that deals with bankruptcy, or know of a good blog that should be part of the Bankruptcy Exchange, please contact the ABI Web team.

ABI Quick Poll

The full-payment rule in section 1325's "hanging paragraph" for new car PMSIs should be repealed to level the playing field between car lenders and other partially and fully unsecured creditors.

Click here to vote on this week's Quick Poll. Click here to view the results of previous Quick Polls.

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INSOL International is a worldwide federation of national associations for accountants and lawyers who specialize in turnaround and insolvency. There are currently 37 member associations worldwide with more than 9,000 professionals participating as members of INSOL International. As a member association of INSOL, ABI's members receive a discounted subscription rate. See ABI's enrollment page for details.

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MF Global Trustee Freeh May Participate in U.K. Court Cases

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MF Global Holdings Ltd. chapter 11 trustee Louis Freeh was given the right by a London judge to participate in all U.K. court proceedings involving the failed brokerage, Bloomberg News reported today. Freeh has filed a London lawsuit against the administrators of the company’s U.K. unit seeking about $400 million from internal repurchase agreements used to move money around the company. Legal disputes between multiple trustees winding up MF Global's British and American entities have tied up about $1.1 billion of clients' and creditors' money, which cannot be returned until courts decide who controls the assets. MF Global filed the eighth-largest U.S. bankruptcy on Oct. 31 after getting margin calls for its bets on European debt. A separate $700 million case between U.K. administrators KPMG LLP and the trustee of the MF Global U.S. brokerage unit over disputed assets is set to go ahead in London in April.

JPMorgan Unit Shifts Operations

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JPMorgan Chase & Co. will improve risk management of the unit that racked up more than $2 billion of trading losses, while avoiding big bets on derivative and private-equity investments, the Wall Street Journal reported today. The shifts are being prompted by an internal review by senior bankers of what went wrong and how to prevent another trading blowup. The review is not complete, but early conclusions focus on improving JPMorgan's Chief Investment Office (CIO) risk-management processes rather than curtailing investment options or broadly reining in risk. The botched bets at the CIO have cost the bank $17 billion of market value.

Stock Markets Fall as Evidence of Economic Slowdown Sinks in

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Stocks fell more than 2 percent on Thursday, as mounting evidence of a global economic slowdown seemed to sink in for investors, The Washington Post reported yesterday. The Dow Jones industrial average dipped nearly 2 percent, shedding 251 points to close at 12,573.57. Adding to the grim mood, Moody’s downgraded 15 major banks, citing concerns about the global economy. Among the institutions downgraded were JPMorgan Chase, Goldman Sachs and Bank of America. The move could damage the profits of these banks in the short term and raise their borrowing costs. Perhaps more significantly, the decision by Moody’s raises uncertainty about the long-term health of the banking system.

Dimon Takes Heat in House Hearing

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JPMorgan Chase & Co. Chief Executive James Dimon sparred with lawmakers of both parties as an appearance in the U.S. House of Representatives proved more contentious than his Senate hearing last week, the Wall Street Journal reported today. Dimon faced pointed questions about the bank's lobbying on derivatives rules, risk models and on whether the bank is so large and complex that it would have to be rescued by the government if it were to fail. Several lawmakers accused Dimon of being more focused on trading activities than on lending to consumers. Rep. Maxine Waters (D-Calif.) pressed Dimon about the bank's opposition to a proposal that all trades made by U.S. banks, even those booked offshore, be included under new rules. Dimon said that proposal would harm the bank's ability to compete overseas. The bank's customers "will go elsewhere if we can't give them the best possible deal," he said. Earlier in the day, bank regulators said a lack of disclosure by JPMorgan regarding risks it was taking hampered efforts to prevent the trading losses of more than $2 billion the bank disclosed last month. Comptroller of the Currency Thomas Curry testified that the regulator is probing the level of reporting provided by JPMorgan's Chief Investment Office, the unit responsible for the losses.

CFTC Moves to Brake High-Speed Traders

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A Commodity Futures Trading Commission (CFTC) subcommittee today is expected to propose a roughly 60-word definition of high-frequency trading that would define it broadly, the Wall Street Journal reported today. The announcement follows three months of meetings by an industry group that was formed by the CFTC to help the agency wrestle with the impact of rapid-fire trading on financial markets. Such trades now generate more than half of all U.S. stock- and futures-trading volume, and critics claim that the surge in high-frequency trading has left Wall Street more vulnerable to computer-driven failures that sap investor confidence. According to a draft version, the CFTC subcommittee working group is proposing to define high-frequency trading as a form of trading that uses sophisticated computer programs to make automated decisions in the markets, with no human decision-making involved in individual transactions. The draft also defines such trading as using technology to amplify the speeds at which firms send orders to exchanges and other trading venues, and generating large volumes of messages, orders and cancellations compared with other, slower types of trading.

Lehman Creditors Drop Legal Action Against Geithner

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Lehman Brothers Holdings Inc.'s creditors dropped a legal action against U.S. Treasury Secretary Timothy Geithner after he agreed to answer questions in writing about the defunct investment bank's failure, Bloomberg News reported yesterday. Lehman's creditors' committee asked a judge in February to force Geithner to give a deposition in Lehman's lawsuit against JPMorgan Chase & Co., which alleged that the bank siphoned $8.6 billion out of Lehman during the 2008 credit crisis, helping to cause its collapse. A U.S. district judge closed the case yesterday after creditors agreed to end their action, according to a federal court filing. Geithner was president of the Federal Reserve Bank of New York when Lehman collapsed. He held discussions in the week before the bankruptcy filing with Richard Fuld and James Dimon, Lehman's and JPMorgan's chief executive officers, on the collateral that JPMorgan was demanding for its loans, according to creditors' court filings. He also met with Dimon and Henry Paulson, then treasury secretary, to discuss "concerns" that Dimon was using the crisis to strengthen JPMorgan at Lehman’s expense, creditors said.

Dimons Testimony Before the House Financial Services Committee Sticks to Previous Script

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JPMorgan Chase CEO Jamie Dimon, who will testify today before the House Financial Services Committee, plans to stick to the script from his first appearance last week on Capitol Hill, the New York Times DealBook blog reported yesterday. Dimon's prepared remarks for the House panel, released yesterday, tracks nearly word for word with his remarks prepared for last week's Senate Banking Committee hearing. There are, however, a few trivial changes scattered in the four-page testimony. In highlighting the bank's "fortress balance sheet," Dimon clarifies that the bank has "well over $30 billion in reserves," sans an earlier specification that the money was "loan loss" reserves. It is unclear why the bank abandoned the earlier wording. In the House committee version, Dimon also tempered an earlier boast that, as "one of the largest small business lenders," the bank’s lending to small businesses jumped 70 percent. It turns out, the actual jump was 52 percent. The tweaked House testimony clarifies the earlier proclamation. Click here for more information on the House Financial Services Committee hearing.