Friday, May 31, 2013

Reuters: Bankruptcy News: Two California cities' finances hinge on ballot questions

Reuters: Bankruptcy News
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Two California cities' finances hinge on ballot questions
May 31st 2013, 13:44

By Jim Christie

SAN FRANCISCO | Fri May 31, 2013 9:44am EDT

SAN FRANCISCO May 31 (Reuters) - Fresno and Hercules residents will vote June 4 on ballot measures that indicate how far some of California's ailing municipalities must go to fix their wobbly finances.

In Fresno, a city of 500,000 in the state's Central Valley, Mayor Ashley Swearengin is seeking support for a measure to privatize residential garbage collection. The plan would save money by eliminating about 120 city jobs and raise at least $14 million in fees over several years from a private garbage contractor.

On the same day, Hercules, a city of 24,000 in the San Francisco Bay area, will vote for the second time in two years on a tax increase, this time a rise in utility service charges. If the measure fails, the city says, it may have to shut down the police department and contract with the county sheriff for law enforcement.

The $3.7 trillion municipal debt market was shocked last year when three California municipalities - Stockton, San Bernardino and Mammoth Lakes - filed for bankruptcy in quick succession.

Mammoth Lakes quickly withdrew its bankruptcy filing, and a stronger economy is putting more money in government coffers around the state. But the much larger Stockton and San Bernardino cases may yet impose substantial losses on bondholders, and many other local governments remain close to the fiscal brink.

As times improve, "the struggle isn't quite as bad, but it's still a struggle," said Marilyn Cohen, president of Envision Capital Management in Los Angeles.

Fresno, the largest city in the state's agriculture-rich Central Valley, was hit hard by the housing slump and recession, and its economy remains weak, Moody's Investors Service said in January. Moody's cut the ratings on most of the city's lease revenue bonds to Ba1, one notch below investment grade.

Moody's also downgraded Fresno's convention center and pension and judgment obligation bonds to Ba2, another notch deeper into so-called junk territory, and said its outlook on all of the ratings was negative. The downgrades affect about $318 million in debt. Fresno has no general obligation bonds.

California's recovery is beginning to lift the Central Valley, but not nearly as much as it has helped coastal area cities such as San Francisco and Los Angeles, said Jeff Michael, director of the Business Forecasting Center at the University of the Pacific in Stockton.

TAKING OUT THE GARBAGE

Fresno City Manager Mark Scott said that outsourcing garbage collection, which the city employee unions fiercely oppose, is a key step in restoring solvency. California's fifth-largest city faces a projected $1.2 million deficit in its $243 million general fund budget for the next fiscal year.

Savings on garbage collection and the fees from the company that would take over the service could be used to pay back $20 million borrowed from various city funds, Scott said.

The unions will be pressed to help the city's finances even if voters approve the measure, Scott said. "We're asking all 11 to take cuts as their contracts come up."

In Hercules, near San Francisco, alarm bells rang early last year after its now-defunct redevelopment agency defaulted on a bond payment of about $4 million.

The debt's insurer, Ambac Assurance Corp, sued Hercules, which assumed oversight of the agency's operations. In a settlement, Ambac received two city properties as collateral, staving off a possible bankruptcy filing.

But Hercules' finances remain strained. The city balanced its current budget by tapping reserves and using one-time money, and its leaders are urging voters to approve a measure to increase its utility users tax by 2 percentage points to 8 percent. That would raise about $1 million a year over five years.

Hercules voters last June approved a four-year, half-cent sales tax increase to support the city's general fund. They also voted for a plan to sell the municipal electric company, which the general fund has propped up.

The city police department is already down to 21 officers from 30 two years ago, said City Manager Steve Duran. If the current measure fails, it may let the remaining officers go and instead pay the county to patrol the streets.

"The only place where we have any meat left on the bone, if you will, is the police department," he said.

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Reuters: Bankruptcy News: Judge approves $19.5 mln Dewey mismanagement settlement

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Judge approves $19.5 mln Dewey mismanagement settlement
May 31st 2013, 00:22

By Casey Sullivan

Thu May 30, 2013 8:22pm EDT

May 30 (Reuters) - A New York federal judge on Thursday approved a settlement that requires the insurer and former chairman of defunct law firm Dewey & LeBoeuf to pay $19.5 million to resolve claims with a trustee that leaders mismanaged the firm.

Dewey once employed more than 1,200 lawyers in 26 offices worldwide, but last May it became the largest U.S. law firm to file for bankruptcy. Its demise has been largely attributed to compensation guarantees the firm made to a significant portion of its partners.

The $19.5 million settlement resolves mismanagement claims against leaders of the New York law firm including former chairman Steve Davis. Davis has agreed to pay $511,145 and Dewey's insurer XL Specialty Insurance Company has agreed to pay $19 million to the firm's estate in exchange for a release from future litigation.

The settlement says Davis denies any wrongdoing in his managerial capacity and "maintains that he fulfilled his fiduciary duties and at all times acted in what he reasonably believed was in the best interest of Dewey".

As of April, the Manhattan district attorney's office was investigating alleged financial improprieties by the firm's former leaders, according to at least two sources with knowledge of the matter. The sources declined to comment publicly because they were not authorized to do so.

The settlement marks the latest recovery for Dewey's creditors who claim they are owed hundreds of millions of dollars in the wake of the firm's demise.

The $19.5 million will now go to satisfy Dewey's secured lenders such as JP Morgan Chase & Co. and unsecured creditors such as the Pension Benefit Guarantee Corp. At least 65 percent of the settlement will go to satisfy JP Morgan, the largest secured lender, which has funded Dewey's bankruptcy, according to a lawyer who is involved in the bankruptcy.

The mismanagement settlement marks the second significant recovery for creditors in Dewey's liquidation.

In October, Judge Glenn approved a $71.5 million settlement between some 400 former Dewey partners and the firm's estate. The deal required Dewey partners to pay portions of their compensation, ranging between $5,000 and $3.5 million individually, in exchange for a release from potential lawsuits over the firm's debts.

A spokeswoman for XL Specialty Insurance Company did not respond to a request for comment. Kevin Van Wart, a lawyer for Davis, said on Thursday that Davis was pleased with the settlement.

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Reuters: Bankruptcy News: Poland - Factors to Watch on May 31

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Poland - Factors to Watch on May 31
May 31st 2013, 05:52

Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. Thomson Reuters journalists are subject to an Editorial Handbook which requires fair presentation and disclosure of relevant interests.

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Thursday, May 30, 2013

Reuters: Bankruptcy News: NY healthcare company seeks bankruptcy, blames Medicare cuts

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NY healthcare company seeks bankruptcy, blames Medicare cuts
May 30th 2013, 21:46

By Tom Hals

Thu May 30, 2013 5:46pm EDT

May 30 (Reuters) - Sound Shore Health System Inc of suburban New York City filed for Chapter 11 bankruptcy, blaming government spending cuts, and plans to sell its business to Montefiore Medical Center for $54 million.

The company provides healthcare services through its Sound Shore Medical Center of Westchester, Mount Vernon Hospital Inc and a nursing home and extended care facility.

Sound Shore said it was struggling due to cuts in government spending.

"As is true with many community hospitals serving a working-class constituency, the Medical Centers have been beset by the financial pressures caused by cuts in Medicare and Medicaid funding," the company said in documents filed in Manhattan's U.S. Bankruptcy Court on Wednesday.

The company said it had assets worth $159.6 million at the end of last year and liabilities of approximately $200 million. The company reported 2012 revenue of $241.8 million.

Bankruptcy lawyers and advisers have said they expect a wave of restructuring among healthcare providers as governments look to rein in their medical spending.

Earlier this month KidsPeace Corp of Pennsylvania, which operates a psychiatric hospital, filed for bankruptcy and also blaming cuts in Medicaid.

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Reuters: Bankruptcy News: Muni bonds at risk in two non-profit healthcare bankruptcies

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Muni bonds at risk in two non-profit healthcare bankruptcies
May 30th 2013, 21:59

By Hilary Russ

NEW YORK | Thu May 30, 2013 5:59pm EDT

NEW YORK May 30 (Reuters) - Two non-profit healthcare providers have filed for Chapter 11 bankruptcy since last week, putting in jeopardy more than $50 million of U.S. municipal bonds that were issued on their behalf.

The bond trustee for Pennsylvania-based KidsPeace, which provides children's mental health services in 10 states and the District of Columbia, notified bondholders on Wednesday that KidsPeace had filed Chapter 11 bankruptcy on May 21.

At stake in the case are about $51 million of outstanding revenue bonds issued in 1998 and 1999 by the Lehigh County General Purpose Authority.

"Our hope is that there will be a restructuring through a confirmed plan of reorganization," said Rick Frimmer of Schiff Hardin in Chicago, the lawyer for bond trustee UMB Bank NA.

Also on Wednesday, the Sound Shore Medical Center, a non-profit hospital in New York's Westchester county, filed for Chapter 11 bankruptcy as part of an asset sale to the Montefiore Health System.

A court filing shows just over $3 million in unsecured bonds issued through the Dormitory Authority of the State of New York. An attorney for Sound Shore said the bonds may be compromised.

The cases are another sign of struggle in an industry that is still feeling the pangs of transformation.

Healthcare revenue in general is under intense pressure from reduced reimbursement rates from both government and commercial insurers, according to George Huang, senior analyst at Wells Fargo Securities.

Healthcare providers have also been squeezed by increased costs as they prepare for changes mandated by President Barack Obama's Affordable Care Act. Many hospitals are redesigning the way they deliver care and considering moves away from the traditional fee-for-service model.

Non-profits face additional stress, Huang said, because they must provide healthcare to under-insured and uninsured patients, unlike private hospitals.

Those factors, along with the recession, have already forced many providers to cut costs, leaving some with little additional room to adjust.

"It's getting to the next level of cost reduction that's more difficult to do," Huang said. "They're going through this transformation right now and it's going to be a bit rocky as they navigate through the next few years."

As health systems finance more reform-driven capital expenditures in 2013, Wells Fargo expects to see 10 percent more hospital bond deals and 14 percent more volume for a total of $33.3 billion.

Other recent non-profit healthcare providers in trouble include Pittsburgh-based West Penn Allegheny Health System, which avoided bankruptcy but still restructured its debt in a $604.2 million bondholder buyout.

Health insurer Highmark Inc. bought about 85 percent of West Penn's outstanding 2007 bonds at 87.5 cents on the dollar, as part of a nearly $1.1 billion deal to save the troubled Pennsylvania health system from insolvency.

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Wednesday, May 29, 2013

Reuters: Bankruptcy News: UPDATE 1-Bankrupt Patriot Coal can reject collective bargaining -court

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UPDATE 1-Bankrupt Patriot Coal can reject collective bargaining -court
May 29th 2013, 22:03

Wed May 29, 2013 6:03pm EDT

* Cuts would save $150 million a year

* Pension contributions would cease; healthcare to outside fund

* Union vows appeal

By Nick Brown and Tom Hals

May 29 (Reuters) - Bankrupt Patriot Coal Corp. can reject collective bargaining agreements, cease pension contributions and convert retiree healthcare to an outside fund as part of its plan to save $150 million a year in labor costs, a court ruled on Wednesday.

Judge Kathy Surratt-States of the U.S. Bankruptcy Court in St. Louis said Patriot Coal, which filed for bankruptcy last year, might have been a victim of unwarranted optimism about future prospects, but that unions shared some blame.

"There is likely some responsibility to be absorbed for demanding benefits that the employer cannot realistically fund in perpetuity," she wrote in a 102-page opinion.

The United Mine Workers of America, which represents 1,700 current Patriot workers and 13,000 retirees and their relatives, vowed to appeal the ruling. It has have planned the latest in a string of public rallies for June 4 in Henderson, Ky.

"Despite this ruling, the UMWA's effort to win fairness for these active and retired workers is by no means over," UMWA President Cecil Roberts said in a statement.

Patriot praised the court's decision, calling the cuts "essential changes" that will allow it "to achieve savings that are critical to our reorganization."

Patriot's current proposal would cease pension contributions and convert healthcare to a voluntary employees' beneficiary association, or VEBA, funded by $15 million in up-front cash and $300 million in profit-sharing contributions. The union would receive a 35 percent equity stake in post-bankruptcy Patriot, which it could sell to help fund the VEBA. The company's proposal would also reduce wages and decrease paid time-off.

Patriot's labor dispute is a thorny one. The company has said the cuts are not a matter of stinginess but necessity, insisting that it would be forced to liquidate without them. But the union believes the proposal violates a decades-old principle in the coal industry that workers are entitled to lifetime benefits.

That fundamental belief is rooted in a 1946 strike in which U.S. President Harry Truman seized the nation's coal mines. His administration signed an agreement with the UMWA establishing an industrywide pension and healthcare program, and the union has historically bargained to preserve those benefits in exchange for making other concessions.

But as an ever-shrinking work force is left to shoulder the burden, the promise is becoming harder to keep.

The UMWA has sued Peabody Energy Co., which created Patriot through a 2007 spin-off, in hopes that that company will cover any losses it sustains at the hands of Patriot.

In a case filed in West Virginia federal court, the union has accused Peabody of creating Patriot as a dumping ground for its unprofitable assets, setting it up to fail. The union alleges that Peabody and Arch Coal, which spun off a unit later acquired by Patriot, are still profitable and should remain on the hook for healthcare.

Wednesday's bankruptcy court ruling "makes it more important than ever for the architects of this travesty, Peabody Energy and Arch Coal, to take responsibility for the obligations they made to thousands of retirees who are now at imminent risk," Roberts said in his statement.

A spokesman for Peabody did not respond to a request for comment.

Bankruptcy rules give companies formidable leverage to abandon union labor contracts. They can abrogate the deals if they can show that concessions are crucial to their survival and that they made a good-faith effort to reach them consensually.

In Patriot's case, the matter played out over a week-long hearing earlier this month. Patriot argued that it would be forced to liquidate without major concessions, while the union provided metrics claiming to show that Patriot could survive without imposing drastic cuts.

The case is In Re Patriot Coal Corp, U.S. Bankruptcy Court, Eastern District of Missouri, No. 12-51502.

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Reuters: Bankruptcy News: RPT-UPDATE 1-Italy may name administrator for ILVA steel group-minister

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RPT-UPDATE 1-Italy may name administrator for ILVA steel group-minister
May 29th 2013, 17:32

Wed May 29, 2013 1:32pm EDT

(Repeats to additional Reuters clients) (Adds detail)

BRUSSELS May 29 (Reuters) - Italy is considering appointing a special administrator to manage steel group ILVA, hit by an environmental and corruption scandal at its plant in southern Italy, Industry Minister Flavio Zanonato said on Wednesday.

The future of the plant, which accounts for some 40 percent of Italy's steel output, has been in the balance since magistrates in July ordered its partial closure following a series of reports into emissions of cancer-causing chemicals from the huge site.

The crisis accelerated last week when magistrates seized 8.1 billion euros ($10.5 billion) in assets from the controlling Riva family, triggering the resignation of ILVA's board and raising questions over whether the site can remain operational.

Prime Minister Enrico Letta's government held talks with board members this week and is desperate to preserve the largest plant in Italy's underdeveloped south.

Zanonato said on Wednesday the government was working on potentially naming an administrator to manage ILVA and oversee a two-year clean-up plan for the Taranto plant.

The move would be similar to former prime minister Silvio Berlusconi's appointment of administrators to rescue dairy group Parmalat after it filed for bankruptcy in 2003.

"It's an option we are working on," Zanonato told reporters in Brussels. "One of the options is to make sure those responsible for the clean-up are not the ones who polluted."

The Riva family, which controls ILVA through holding company Riva Fire, is considering the option of selling its holding in the steel producer, a source close to the government's discussions told Reuters.

Magistrates ordered assets to be seized from Riva Fire on suspicion of criminal association to commit environmental offences linked to steel production at ILVA.

They placed the group's chairman Emilio Riva under house arrest last year and opened investigations into alleged corruption and tax evasion by the group's management.

At stake are the jobs of some 12,000 ILVA employees and at least another 8,000 ancillary workers at the plant. (Reporting by Francesco Guarascio and Massimiliano di Giorgio; Writing by Catherine Hornby; Editing by David Holmes)

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Reuters: Bankruptcy News: Bankrupt Patriot Coal can reject collective bargaining - court rules

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Bankrupt Patriot Coal can reject collective bargaining - court rules
May 29th 2013, 20:24

Wed May 29, 2013 4:24pm EDT

May 29 (Reuters) - Bankrupt Patriot Coal Corp. can reject collective bargaining agreements, cease pension contributions and convert retiree healthcare to an outside fund as part of its plan to save $150 million a year in labor costs, a court ruled on Wednesday.

Judge Kathy Surratt-States of the U.S. Bankruptcy Court in St. Louis said Patriot Coal, which filed for bankruptcy last year, might have been a victim of unwarranted optimism about future prospects but that unions shared some blame.

"Unions generally try to bargain for the best deal for their members, however, there is likely some responsibility to be absorbed for demanding benefits that the employer cannot realistically fund in perpetuity, particularly given the availability of sophisticated actuarial analysts and cost trend experts," she wrote in a 102-page opinion.

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Reuters: Bankruptcy News: Struggling Korean builders tell employees to show loyalty: buy apartments

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Struggling Korean builders tell employees to show loyalty: buy apartments
May 29th 2013, 21:00

Wed May 29, 2013 5:00pm EDT

* Construction firms face liquidity crunch due to poor sales

* Workers told to buy unsold apartments to bail out builders

* Some staff can't meet payments, take employer to court

By Ju-min Park

GOYANG, South Korea, May 30 (Reuters) - Five years after the global financial crisis, South Korean construction workers are feeling the pinch more than ever as they shoulder a mountain of debt from a real estate bust that has cast a long shadow on the country's growth prospects.

Facing the spectre of bankruptcy, some construction firms persuaded their staff to take up loans to mop up unsold apartments.

"There was pressure. There's nowhere else in the world where there's a parallel to these practices," said a construction worker, who declined to be identified due to the sensitivity of the matter.

"Loyalty and hierarchy is still strong in South Korea and especially in the construction companies which are run like the armed forces," he said, adding that his employer Poonglim Industrial Co Ltd had asked him to buy two apartments, which meant he had to borrow 800 million won ($712,800).

A public relations official at Poonglim, which completed its court receivership in April, would only say employees had taken loans on behalf of the company and interest payments were being paid by Poonglim. "We are in discussions with debt creditors to resell all of these apartments with discounts to resolve the matter," he said.

Such loans represent just a small part of a big problem in Asia's fourth-largest economy, as outstanding household debt has climbed to almost $1 trillion.

South Korea's household debt has doubled over a decade to levels where debt-to-income ratios are in excess of those in the United States before the sub-prime crash in 2008.

Hit by debt and the prolonged property market slump, January-March private consumption fell for the first time in five quarters as Koreans kept a tight hold on their wallets.

Other data also indicates the economy once dubbed the "Miracle on the Han River" because of its rise from poverty to rich nation status in just one generation may be drying up.

Gross domestic product grew 2 percent in 2012 and the Bank of Korea has forecast expansion of 2.6 percent this year.

President Park Geun-hye, who took office in February, has implemented a household debt relief programme. But the 800 billion won put into the scheme is far less than the 18 trillion won that she promised in her election campaign.

The original proposal for what Park dubbed the "National Happiness Fund" was to provide debt relief for 3.2 million people, but the smaller amount will see just 324,000 qualify.

Park, the daughter of Park Chung-hee, the autocratic ruler who oversaw South Korea's stellar industrialisation in the 1960s and 1970s, pledged an "Era of People's Happiness" in her campaign.

Park Wong-gap, a property specialist at South Korea's Kookmin Bank, described the measures as "morphine" for a sick body, and would not solve fundamental problems of a weak domestic economy.

South Korea's construction industry makes up about 6 percent of the economy and employs more than a million people.

FORCED TO BUY

An office worker at Byucksan Engineering & Construction Co Ltd, Kim Keon-hoon said he was also pushed in 2008 to buy an unsold 800 million won two-bathroom, four-bedroom apartment in the Ilsan suburb outside Seoul as his employer teetered on the edge of bankruptcy.

Mortgages are commonly taken on by workers to provide cash-strapped companies with liquidity, and interest payments are usually shouldered by the firms.

The purchase has saddled the father of two with debts of 500 million won and monthly interest payments of 3 million won that he cannot repay. Kim and other employees say they were coerced to buy and have taken the company to court.

This was the second time Kim had been pushed by his company into buying an unsold apartment, the first was during the 1998 Asian financial crisis, still known as the International Monetary Fund crisis in South Korea.

"During the IMF crisis, many companies raised money by making their employees buy apartments ... so when the company proposed that we do it again, it wasn't the kind of atmosphere where anyone could object," Kim told Reuters in the dusty shell of an apartment in a high-rise block on the edge of Seoul. He took on a mortgage for fear his career would suffer.

When asked about workers' claims that they were forced to buy unsold properties, a Byucksan official said the company was sympathetic to the plight of its staff. "That was a practice in the past and it can now only be resolved by reselling them. There is nothing we can do to manage the problem as the company is still under receivership."

The Korean Federation of Construction Company Unions, an umbrella union grouping, estimated in February that members working for five firms placed in receivership had been told to buy a total of 1,047 unsold apartments from their employers worth a total of 454 billion won.

"We know our workers are in pain and we all hope these houses will be sold again soon so we can get rid of that pain," said the official at Byucksan, who requested anonymity as he is not authorised to speak to the media.

Due to oversupply and lack of affordability, apartment prices in the Seoul metropolitan area have fallen 14.7 percent to end-2012 from July 2008, according to Moody's Investors Service. The slump is killing off builders.

"There is a structural problem and another liquidity crisis could happen any time to construction companies unless the real estate market recovers," said Kookmin Bank's Park.

Kookmin's own data shows that house prices fell by their fastest annual level in four years in April with a 0.76 percent decline. The bank's data is considered an official indicator of South Korea's housing market conditions.

WIDESPREAD MALAISE

The woes of the construction sector aren't just confined to smaller firms.

Combined first-quarter operating losses at the top nine South Korean construction firms, including giants such as Hyundai Engineering & Construction Co Ltd and Samsung C&T Corp, were 480.9 billion won, a compilation by online financial news service FnGuide showed.

Among the top 100 builders in South Korea, 21 firms including Ssangyong Engineering & Construction Co Ltd and Kumho Industrial Co Ltd are under court receivership or debt-restructuring programmes, according to the Construction Association of Korea.

Until the construction sector revives, some parts of the industry are likely to put pressure on employees to buy, banking on the same spirit of self-sacrifice that saw people sell their jewellery to help the government pay back a $57 billion loan from the IMF during the Asian crisis in the 1990s.

The 44-year-old Kim, still with Byucksan and living in a smaller apartment in the same town, is struggling to raise and educate a family under the weight of huge debts that have destroyed his lifetime savings.

"The loans are still outstanding and that is what has hurt our workers the most. I have never wanted to come and live in this apartment."

($1 = 1122.3250 Korean won) (Additional reporting by Choonsik Yoo; Editing by David Chance and Jacqueline Wong)

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Reuters: Bankruptcy News: Lehman, Barclays battle over 2008 sale goes before appeals panel

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Lehman, Barclays battle over 2008 sale goes before appeals panel
May 29th 2013, 21:15

Wed May 29, 2013 5:15pm EDT

* Lehman accuses Barclays of asset grab

* Matter has been appealed twice

* Outcome significant for Lehman brokerage creditors

By Nick Brown

NEW YORK, May 29 (Reuters) - Lehman Brothers' defunct brokerage told an appeals court on Wednesday it was entitled to billions of dollars in cash it says was wrongly included in its 2008 sale to Barclays Plc.

The arguments in federal appeals court in New York renewed a murky, years-old court battle with huge implications for the brokerage's creditors, including Lehman affiliates and hedge funds.

"It was made very clear" in the asset purchase agreement "what was going to Barclays and what was staying behind," said the brokerage's lawyer, William Maguire. "The deal didn't exclude just some cash, it excluded all cash."

The dispute has its roots in the hectic sale of the brokerage's assets to Barclays in the days following the $639 billion bankruptcy of parent company Lehman Brothers Holdings Inc in September of 2008.

The brokerage contends the $250 million deal did not include the brokerage's cash assets. But Barclays says otherwise, relying on a so-called clarification letter signed after the deal was approved.

The disputed assets include margin to support exchange-traded derivatives, which could top $5 billion. They also include roughly $2 billion in so-called "clearance box" assets, which facilitate the clearance of securities trading. And they include $769 million promised to Barclays if Lehman's customers were paid in full.

U.S. Bankruptcy Judge James Peck approved the deal in 2008. Days later, the sides signed a "clarification" letter on the cash assets.

In 2011, Peck ruled that the clearance box assets should go to Barclays and the margin assets should stay with the brokerage. Then in June 2012, Judge Katherine Forrest in federal court in New York partially reversed Peck's ruling, assigning both the margin and the clearance assets to Barclays.

The focus of Wednesday's arguments was on the margin assets, over which the sides presented drastically diverging narratives.

Attorney David Boies, representing Barclays, said the clarification letter merely identified and quantified the assets already agreed to by the parties as a way of validating that the deal would boost Barclays' assets.

It did not change the terms of the deal, Boies argued.

But according to Maguire, Peck's initial approval of the deal specifically excluded cash assets. The clarification letter, far from mere explication, represented a fundamental change to the deal, amounting to an asset grab by Barclays.

Barclays currently holds about $2 billion of the margin assets and $786 million of the clearance box assets, with the Lehman brokerage holding the rest. The appeals court could grant both to one party, or divvy them up. In a less likely scenario, it could unwind the sale altogether.

After the hearing, a spokesman for James Giddens, the trustee winding down the Lehman brokerage, said the trustee's "position from day one has been that no cash was included" in the sale.

"That means billions of dollars in cash rightfully belong to the" brokerage's estate, spokesman Jake Sargent said.

Because customers of the brokerage are slated to get paid in full regardless of the outcome, it is general creditors whose recoveries depend on the appeals process.

They include roughly 12,000 claims from hedge funds, former employees, counterparties such as pension funds, banks and Lehman affiliates. Some of them were present on Wednesday in a packed courtroom on the 17th floor of a federal courthouse in New York. Security staff asked some standing spectators to move to an adjoining room with a video feed.

Judges Peter Hall, Gerard Lynch and Ralph Winter asked pointed questions of both lawyers. Winter suggested that Barclays' aim - to acquire the collateral of the exchange-traded derivatives business it bought - was only natural.

"Why would anyone expect someone to buy an ETD business and not buy the margin assets?" Winter asked Maguire. "You must have been delighted to pull off that economic coup."

Maguire countered that, for Barclays to essentially pay cash to acquire cash would have been a circular transaction and that it should have used its own assets to secure the derivatives business. Including cash, he said, would have handed Lehman's business, as well as billions of dollars in cash, to Barclays for only $250 million.

"That would skew the economics," he said.

Boies said the no-cash provision applied only to retained or unencumbered cash, but clearly excluded margin.

Boies faced his own helping of skepticism from the panel, including from Judge Hall, who suggested that a "no-cash" rule should be taken at face value.

"I would have taken that to the bank," Hall said.

The case is No. 12-2322, U.S. Court of Appeals for the Second Circuit.

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Reuters: Bankruptcy News: Poland - Factors to Watch on May 28

Reuters: Bankruptcy News
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Poland - Factors to Watch on May 28
May 29th 2013, 05:55

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Wed May 29, 2013 1:55am EDT

  Here are news stories, press reports and events to watch which  may affect Poland's financial markets on Wednesday. ALL TIMES  GMT (Poland: GMT + 2 hours):            GDP      The Polish statistics office will publish the gross domestic  product (GDP) for the first quarter with all its components.  Earlier this month the first estimate put the year-on-year  growth in the first three months of the year at surprisingly low  0.4 percent. (0800)           DEBT      The Finance Ministry is expected to publish its debt supply  figures for June.            BOGDANKA       The coal miner plans to pay a dividend of 5.06 zlotys per  share, or a total 172 million zlotys ($53.1 million).            DEFICIT      Poland will remain under the excessive deficit procedure as  the European Commission take Italy, Lithuania, Latvia, Romania  and Hungary off the list on Wednesday, Dziennik Gazeta Prawna  quoted unnamed sources as saying.            LOT       The troubled flag carrier will hold an annual shareholders  meeting on June 11 to decide on its future. Chief Executive  Sebastian Mikosz admitted LOT's 2012 loss would exceed 200  million zlotys, Dziennik Gazeta Prawna reported.            ASSECO POLAND       The Chief Executive at Eastern Europe's No.1 software maker  told Dziennik Gazeta Prawna the company should announce a  Russian acquisition "in a few weeks."            For other related news, double click on:   Polish equities           E.Europe equities        Polish money              Polish debt              Eastern Europe             All emerging markets     Hot stocks                 Stock markets            Market debt news           Forex news                  For real-time index quotes, double click on:   Warsaw WIG20  Budapest BUX  Prague PX  
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Tuesday, May 28, 2013

Reuters: Bankruptcy News: Caja Rural de Navarra tests interest for 5yr covered bond

Reuters: Bankruptcy News
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Caja Rural de Navarra tests interest for 5yr covered bond
May 28th 2013, 13:17

By Aimee Donnellan

Tue May 28, 2013 9:17am EDT

LONDON, May 28 (IFR) - Spain's Caja Rural de Navarra is testing interest for a five-year euro covered bond on Tuesday at 215bp area over mid-swaps, according to a market source.

Lead managers Barclays, Credit Agricole, DZ Bank and Banco Cooperativo Espanol are planning to price the bond during Wednesday's business.

The transaction, to be rated A3 by Moody's, follows a similar deal from Cajamar at the beginning of May. That issue was a EUR500m three-year covered bond that priced at mid-swaps plus 290bp. (Reporting by Aimee Donnellan, editing by Julian Baker)

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Reuters: Bankruptcy News: Singapore Flyer put in receivership, but "business as usual"

Reuters: Bankruptcy News
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Singapore Flyer put in receivership, but "business as usual"
May 28th 2013, 10:47

SINGAPORE | Tue May 28, 2013 6:47am EDT

SINGAPORE May 28 (Reuters) - The Singapore Flyer, a giant observation wheel seen as a major tourist attraction in the city-state, has been put in receivership just five years after it was launched to much fanfare.

Ferrier Hodgson, which specialises in insolvency and corporate turnarounds, was appointed as receivers and managers over the charged assets of Singapore Flyer Pte Ltd, the company which owns the 165-metre-high wheel.

It said in a statement on Tuesday that "it is business as usual at Singapore Flyer" and it is working with business partners and tour operators to ensure smooth operations through the receivership.

Ferrier Hodgson also said it is confident it will be able to identify investors to manage and improve the Singapore Flyer. "We will be calling for expressions of interest shortly to commence the process."

Singapore hopes to attract 14.8 million to 15.5 million visitors this year, up from last year's estimated 14.4 million, the Tourism Board said in March. (Reporting by Eveline Danubrata; Editing by Kim Coghill)

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Monday, May 27, 2013

Reuters: Bankruptcy News: FEATURE-Detroit's foundations spread money through broken city

Reuters: Bankruptcy News
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FEATURE-Detroit's foundations spread money through broken city
May 27th 2013, 11:59

By Nick Carey

DETROIT | Mon May 27, 2013 7:59am EDT

DETROIT May 27 (Reuters) - When Kevin Ward fulfilled his dream by opening a rib joint in one of Detroit's poorest and most blighted areas, he could not afford extra meat. If the ribs ran out, he closed for the day.

"We were doing real well considering, but inventory was a problem," said Ward, 40, who perfected his ribs while at college in Alabama and opened Slabbee's five months ago in Brightmoor.

But with advice from SWOT City, a pilot program run by foundation-backed small-business incubator TechTown Detroit, Ward has received microfinancing to solve his inventory problem. Now he plans to buy a delivery van and hire a second employee.

Ward's rib joint is just one example of new ways in which Detroit's philanthropic foundations are trying to create jobs and boost schools in a city facing potential bankruptcy. In doing so, they are conducting a sort of civic triage, choosing areas, schools and businesses with a good chance of survival.

The foundations' efforts address the breakdown of civic life that Detroit's emergency manager, Kevyn Orr, pointed out earlier this month in his first report on Detroit's financial health.

Detroit's foundations hark back to an era when the city was an economic beacon and the auto industry's birthplace. The Kresge Foundation, for example, was started in 1924 with money from the founder of what eventually became retail giant Kmart.

Some other initiatives in Detroit are paying off. The city's downtown is experiencing a small boom thanks largely to mortgage lender Quicken Loans, whose co-founder and Detroit native Dan Gilbert has moved in 7,000 employees and invested $1 billion in an attempt to attract other businesses.

But most of Detroit's 80 percent black population of around 700,000 live outside downtown, many in blighted areas.

"Downtown is critical, but there are a whole host of problems out in the neighborhoods that need to be dealt with," said Leslie Smith, CEO of TechTown Detroit, whose SWOT City pilot has led to one new small business with six more planned.

These efforts to design strategy and measure results mirror a broader shift in the charitable world, said Michael Moody of the Johnson Center for Philanthropy at Grand Valley State University. In the past, foundations were satisfied giving away food and clothing. "The history of philanthropy, especially in the Depression, has shown that doesn't work," Moody said.

The Detroit-based Skillman Foundation has focused on schools in six neighborhoods and seen graduation rates rise 14 percent from 2007 to 2012 in four of them, compared to a 1 percent rise citywide. The New Economy Initiative, which has committed $100 million to promote entrepreneurs in Detroit, says it has measured the results so far: It has helped 423 small firms and contributed to the creation of more than 7,000 jobs.

Local foundations have been criticized in the past for throwing their weight around, but Moody said they have become more collaborative and responsive as a result.

SAFETY ISSUES UNDERMINE PROGRESS

Detroit native Adriana Alvarez left her post-college job in Hawaii in 2010 to return to work for non-profit Congress of Communities, which focuses on Southwest Detroit, a neighborhood that has attracted many Hispanic immigrants in recent decades.

"If I don't give back, then others won't get a chance to learn what I have," said Alvarez, 24.

Her group has become a conduit for other local non-profits, with projects to help children avoid joining gangs through youth groups and sports, and patrolling streets to prevent crime.

Congress of Communities is one of six neighborhood groups the Skillman Foundation has invested in. Dedicated to helping Detroit's children and founded by the widow of an early executive at 3M Co who settled in the Detroit area, Skillman selected these areas for their high concentrations of children.

Skillman used to give millions of dollars annually to Detroit's ailing public school system, but found the results unsatisfactory. It chose instead to back individual schools. In order to help the communities around these schools, Skillman has funded community groups of local activists.

"The question was how do we reinvent the social contract in Detroit?" said Chris Uhl, a former banker and now vice president of social innovation. Since 2007, Skillman has issued $124 million to its six target areas.

Tonya Allen, due to become Skillman's next president, estimates the grants the foundation has made have leveraged an additional $450 million in grants from other groups since 2007.

Skillman's approach is mirrored by General Motors Co, which like Detroit's other automakers has joined efforts to help the city. GM has committed $27.1 million over five years to a United Way program to raise graduation rates at seven city schools to 80 percent from 50 percent.

The Kresge Foundation has focused on boosting the economy along Woodward Avenue, a major city thoroughfare. It has kicked in $35 million toward a $137 million, 3.5-mile (5.6-km) light rail line along Woodward, along with private companies like Quicken Loans and truck rental firm Penske. These private contributions - as well as the U.S. government's $25 million stake - will count toward further extensions of the line, said Kresge's senior director for community development Laura Trudeau.

"Our influence is limited but we try to leverage it to have a greater impact," said Trudeau.

Kresge also has committed $150 million over the next five years toward Detroit Future City, a citywide planning blueprint.

Foundations here say when they fund projects, others follow suit. New Economy Initiative Executive Director David Egner said the group has committed $7 million since 2010 to entrepreneurial seed fund Invest Detroit and attracting "tens of millions" more.

NEI, a joint effort by 10 foundations, eight of them based in southeast Michigan, now claims it has $110 million in total, a combination of investable funds and tax credits for business expansion. It is planning a second, $60 million round of fundraising to continue supporting Detroit-area entrepreneurs.

Foundation leaders say the biggest hurdle to success today is endemic violence and crime in some areas. Detroit's murder rate in 2012 was 10 times the U.S. average. Seemingly mundane facts of street life - broken street lights and inoperable fire hydrants - compound the city's problems.

"If the lights don't work and the streets aren't safe, people won't come here," said NEI's Egner.

Bill Nowling, spokesman for Kevyn Orr, acknowledges public safety is a "paramount concern."

"The region's philanthropic community is fully committed to Detroit's turnaround, but we cannot let its effort be for naught," Nowling said.

Skillman's Uhl says lack of safety undermines progress. One telling example: True Whitsey was a graduate of Frederick Douglas Academy, a Skillman-funded school, and went on to study at Ferris State University. But when he returned home for Christmas break last year, he was shot and killed while being robbed at gunpoint in the street.

"Our work is meaningless if we can't keep these kids safe," Uhl said. "If they don't fix that it doesn't mean a damn thing." (Additional reporting by Bernie Woodall; Editing by Mary Milliken and Lisa Shumaker)

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Sunday, May 26, 2013

Reuters: Bankruptcy News: UPDATE 3-Electric car venture Better Place files to liquidate

Reuters: Bankruptcy News
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UPDATE 3-Electric car venture Better Place files to liquidate
May 26th 2013, 23:05

Sun May 26, 2013 7:05pm EDT

* Sluggish sales led to company's failure

* Company unsuccessful in final round of fundraising

* Better Place once valued at $2.25 bln

By Ari Rabinovitch

JERUSALEM, May 26 (Reuters) - Electric car company Better Place said on Sunday it had filed a motion in an Israeli court to wind up the company, bringing an end to a venture whose battery charging network had aimed to boost electric car sales.

Better Place partnered with Renault in 2008 to create an electric car system combining charging terminals with battery swap stations to increase the range of electric cars and put an end to drivers' worries about running out of power.

It had raised more than $850 million from top-tier investors and two years ago said it was valued at $2.25 billion.

Last August, Better Place secured a 40 million euro ($50 million) loan from the European Investment Bank (EIB)- the company's first credit facility from a financial institution - to further develop its global electric car network.

But sales never took off, with just over a thousand cars on the road in Israel and Denmark, the first two countries where it began operating.

"The (gasoline-free) vision is still valid and important and we remain hopeful that eventually the vision will be realized for the benefit of a better world," the company's board of directors said in a statement. "However, Better Place will not be able to take part in the realization of this vision."

Carmakers have invested heavily in electric cars, but awareness is growing that hybrid and battery cars may not be enough to win the race to meeting rigid EU carbon dioxide emissions limits.

"This is a difficult day for all of us," said Chief Executive Officer Dan Cohen.

"Unfortunately, after a year's commercial operation, it was clear to us that despite many satisfied customers, the wider public take up would not be sufficient," he said in a statement.

The company management, he said, requested the appointment of a voluntary liquidator who would decide on how to award compensation to customers and staff and maintain the network already in place.

MUCH FANFARE, FEW SALES

Sunday's announcement came as no surprise.

With its partner Renault, Better Place committed to a production run of 100,000 electric cars for Israel and Denmark, counting on large fleets to sign up.

At the same time it developed plans to expand into Australia and then onto markets like China and the United States.

But the large-scale deals never materialized. Only about 900 of its cars are on the road in Israel, and about 400 in Denmark.

Renault could not immediately be reached for comment. In February 2008 it said Renault-Nissan and Better Place had signed an agreement "to provide the necessary conditions for the successful launch of electric vehicles."

A November earnings report published by conglomerate Israel Corp, which owns about 30 percent of Better Place, said the company had an accumulated deficit of $561.5 million with more losses expected.

The company made changes and reduced its workforce. Founder Shai Agassi was removed as CEO in October, and his successor was named four months later.

Alan Gelman, chief financial officer and head of operations in Israel, told Reuters at the time that the company knew why it was floundering and was trying to turn a corner.

"We at times were too focused on turning into a global company and expanded too fast, but we have to focus on local operations and selling cars," he said.

After a failed final round of fundraising, Better Place turned to the Tel Aviv area court.

"Revenues are still insufficient to cover operating costs, and in the light of the continued negative cash flow position, the board has decided that it has no option but to seek to make this application to the courts for an orderly liquidation of the company," it said in a statement.

Israel Corp, the largest shareholder in Better Place, said in a statement to the Tel Aviv Stock Exchange on Sunday it had decided not to inject more cash into the beleaguered company.

Other shareholders include HSBC, GE, Morgan Stanley and Vantage Point Venture Partners. None were immediately available to comment.

Gene Gable, a spokesman for Vantage Point Venture Partners, confirmed that the group was an investor in Better Place and since 2008. However, he said he could not disclose the amount of Vantage Point's investment in the electric car venture.

"We are not making any further comment on Better Place right now," he said. "We may have a statement later in the week."

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