Friday, June 28, 2013

Reuters: Bankruptcy News: Stockton taxpayers want bigger role in California city's bankruptcy case

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Stockton taxpayers want bigger role in California city's bankruptcy case
Jun 29th 2013, 01:55

By Jim Christie

SAN FRANCISCO, June 28 | Fri Jun 28, 2013 9:55pm EDT

SAN FRANCISCO, June 28 (Reuters) - A group of California taxpayers went to court on Friday to demand a greater role in how the city of Stockton would raise taxes to exit the bankruptcy it filed a year ago.

The group asked the U.S. Bankruptcy Court in Sacramento for official committee status so its members could see details on Stockton's plan for increasing its sales tax. If granted this status, the group could also participate in talks about the city's plan to adjust its debts.

Stockton officials aim to file their debt-adjustment plan with the bankruptcy court in September following a vote by the city council on a sales tax increase.

Stockton's city manager wants the council to hold a vote next month on putting a ballot measure to voters in November that would ask them to raise the city's sales tax to 9.0 percent from 8.25 percent.

If approved by voters, the increase would go into effect next April and raise revenue to help Stockton exit bankruptcy, put more money into public safety programs and hire more police officers to help tackle crime in a city that ranks among the 10 most dangerous U.S. cities.

According to a draft of the tax plan, the increase would raise about $219 million over 10 years for public safety spending.

Over the same time, about $112 million in proceeds would fund the city's exit from bankruptcy. The effort would get a larger share of revenue initially as police staffing ramps up.

The taxpayers group wants more details on how the revenue would be allocated and it is concerned Stockton's creditors could press for a bigger share, which would set back plans for hiring more police officers.

"Creditors will no doubt seek as large a recovery as possible leaving taxpayers with significantly reduced health, safety and welfare services," according to an exhibit attached to the taxpayers group's court filing.

A city of about 300,000 residents in California's Central Valley, Stockton is the biggest U.S. city to have filed for bankruptcy and is trying to impose steep losses on its bond insurers and bondholders to restructure it finances.

The U.S. municipal debt market is watching to see if the Stockton prevails or its so-called capital markets creditors can convince the bankruptcy court to have the city cut its pension spending as part of a plan to exit bankruptcy.

Stockton has refused to cut pensions, saying it is prohibited by state law, and that its employees have suffered several years of pay and job cuts while its retired workers are losing subsidized medical coverage.

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Reuters: Bankruptcy News: Reader's Digest publisher expects to emerge from bankruptcy by end-July

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Reader's Digest publisher expects to emerge from bankruptcy by end-July
Jun 29th 2013, 00:31

June 28 | Fri Jun 28, 2013 8:31pm EDT

June 28 (Reuters) - The publisher of the Reader's Digest magazine said it expects to emerge from bankruptcy by the end of July after the bankruptcy court for the Southern District of New York approved its reorganization plan.

The Reader's Digest Association Inc and its affiliates filed for Chapter 11 bankruptcy protection for the second time in less than four years in February, citing a greater-than-expected decline in the media industry.

"The court's confirmation of our restructuring plan is an important step for our company and sets the stage for our future as a much more focused company," Chief Executive Robert Guth said in a statement.

The publisher, which had earlier filed for bankruptcy in 2009, will see its debt reduced by more than 80 percent to about $100 million under the restructuring plan, the company said.

It will also convert about $465 million of secured notes to equity.

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Reuters: Bankruptcy News: Suntech strikes yet another deal with bondholders

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Suntech strikes yet another deal with bondholders
Jun 28th 2013, 13:19

June 28 | Fri Jun 28, 2013 9:19am EDT

June 28 (Reuters) - China-based solar panel maker Suntech Power Holdings Co Ltd, whose main unit is in insolvency proceedings, said it had struck a deal with a majority of its bondholders to defer payment on a $541 million loan until Aug. 30, the third time the company has reached such an agreement.

Suntech defaulted on a principal payment on the 3 percent convertible notes on March 15, prompting the company's Chinese lenders to drag its main manufacturing unit into insolvency proceedings.

Lenders holding the senior notes will nominate two additional members to Suntech's board and will help to identify strategic and financial investors to bring in new capital, the company said in a statement on Friday.

Suntech said it was also looking at converting all major debt claims held by the bondholders into equity.

The company reached a deal with 60 percent of the note holders in March to defer payments until May 15, when it announced that it had struck another deal with some lenders to defer obligations until June 28.

At the end of March 2012, Suntech had total debt of $2.2 billion, including loans from China Development Bank, and a $50 million convertible loan from the International Finance Corporation, the private sector arm of the World Bank.

Chinese creditors of the bankrupt unit, Wuxi Suntech, claimed at the start of the debt restructuring process in May that the subsidiary owed them $2.5 billion. The restructuring process is expected to go on for months.

The eastern Chinese city of Wuxi, where Suntech Power is headquartered, is trying to maintain the company's production capacity and save thousands of local jobs.

Suntech has said that its Chinese unit has been experiencing a gradual improvement in business after a court-appointed debt administrator pushed to recover accounts receivable and trimmed inventories.

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Reuters: Bankruptcy News: Italian unions call for output pact to help troubled steelmakers

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Italian unions call for output pact to help troubled steelmakers
Jun 28th 2013, 11:06

Fri Jun 28, 2013 7:06am EDT

* Both companies under administration

* Lucchini could supply slab to ILVA during plant clean-up

* Commissioners have to verify whether tie-up is economical

By Silvia Antonioli

ROME, June 28 (Reuters) - Trade unions asked the Italian government this week to promote a production alliance between Italy's two largest steel producers, ILVA and Lucchini, to help the troubled firms stave off further declines.

The Italian steel sector, the second largest in Europe after Germany, has been hard hit by a drop in demand that has been exacerbated by tough austerity policies. Its output contracted by more than 11 percent in May from a year before.

"Only by pushing forward production integration among the largest Italian steel players can we think of getting out of this tough situation. No plant can save itself on its own," said Gianni Venturi, national coordinator for the steel sector at union CGIL FIOM.

The government has put troubled producers ILVA and Lucchini under "special administration", a procedure designed to save large companies and avoid big job losses.

Earlier this month, it appointed restructuring specialist Enrico Bondi as special commissioner to run ILVA and oversee a two-year cleanup of its plant in the southern Italian city of Taranto at the centre of an environmental scandal.

Lucchini, Italy's second-largest producer, was placed under special administration late last year after being declared insolvent.

Italy's top union bosses suggested in a meeting with industry and government officials this week that Lucchini should boost production in order to supply semi-finished products to ILVA's Taranto plant to fill the gap while the plant cuts production to carry out the clean-up.

Lucchini's plant in Piombino, Tuscany, which is currently producing below its maximum capacity due to lack of funding, could produce steel slab to be re-rolled at the ILVA processing facility, the unions proposed.

"Other European steelmakers are only waiting for the death of the Piombino and Taranto plant to steal their customers, but with this play we could maintain the Italian steel sector alive," Piombino-based FIOM union representative Mirko Lami said.

State Secretary for economic development, Claudio De Vincenti, said the commissioners in charge of the two companies would have to determine whether such cooperation is possible.

ILVA's production has fallen by about 25 percent since prosecutors ordered the partial closure of the plant a year ago following damning environmental reports.

Many of its customers including its largest - steel manufacturer Marcegaglia - had to rely more on foreign suppliers to fill the gap.

"From a technical point of view the unions' proposal could work, as Lucchini has supplied ILVA with slab in the past," Marcegaglia Chief Executive Antonio Marcegaglia said.

"But they have to consider whether it is economically viable and whether the market conditions will require ILVA to push for a high production level," he said.

Antonioli Gozzi, head of Italian steelmakers association Federacciai, echoed Marcegaglia's concerns.

"I think developing production synergies between the Taranto and the Piombino plant is feasible only if it makes economic sense. I believe the two commissioners will talk to verify whether such an idea is plausible," Gozzi said. (editing by Jane Baird)

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Thursday, June 27, 2013

Reuters: Bankruptcy News: PRESS DIGEST - Wall Street Journal - June 28

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PRESS DIGEST - Wall Street Journal - June 28
Jun 28th 2013, 05:01

June 28 | Fri Jun 28, 2013 1:01am EDT

June 28 (Reuters) - The following are the top stories in the Wall Street Journal. Reuters has not verified these stories and does not vouch for their accuracy.

* The Senate voted 68-32 to approve a sweeping plan to rewrite the nation's immigration laws and sent it to the House, where it faces a more difficult path. ()

* The Federal Reserve will vote next week to finalize capital rules for U.S. banks after regulators agreed to resolve a separate issue that had delayed action. ()

* The Supreme Court's most important ideological struggle isn't between left and right, but the narrower divide of Chief Justice John Roberts's conservatism and the libertarian streak of Justice Anthony Kennedy. ()

* Regulators charged former MF Global chief Jon Corzine and former executive Edith O'Brien with the unlawful misuse of nearly $1 billion. ()

* The Obama administration has begun assembling a shortlist of candidates for the Fed chairmanship, in the expectation that Ben Bernanke won't seek reappointment. ()

* China's top leaders are expected to name a senior government official with a deep finance background as head of its sovereign-wealth fund, China Investment Corp. ()

* The SEC is scrutinizing how certain investors might have received potentially market-moving information from the Institute for Supply Management ahead of the public, as the trade group changes its procedures to eliminate a delay in the distribution of the data. ()

* Pfizer Inc's board has authorized the buy back of an additional $10 billion in shares to boost shareholder value. ()

* Bank of America Corp spurned a request from American International Group Inc to renegotiate an $8.5 billion deal over soured mortgage-backed securities after a judge suggested mediation, according to a court filing by AIG. ()

* Textbook publisher Cengage Learning is preparing to file for bankruptcy court protection in the coming days. The company is owned by private equity firm Apax Partners. ()

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Reuters: Bankruptcy News: Bankrupt Alabama county makes another deal ahead of final plan

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Bankrupt Alabama county makes another deal ahead of final plan
Jun 27th 2013, 19:41

By Melinda Dickinson and Verna Gates

BIRMINGHAM, Ala., June 27 | Thu Jun 27, 2013 3:41pm EDT

BIRMINGHAM, Ala., June 27 (Reuters) - Alabama's Jefferson County on Thursday approved another negotiated settlement covering $138 million of creditors' claims as the local government put finishing touches on a plan to wind up America's biggest municipal bankruptcy.

County officials said the so-called plan of adjustment, which includes years of rate hikes for sewer customers and a late 2013 sale by the county of $1.9 billion of refinancing debt, would be filed electronically on Sunday with the U.S. Bankruptcy Court for the Northern District of Alabama.

The court filing will be the latest chapter in a saga of corruption and mismanagement of public finances that brought the most populous county in the southern U.S. state to ask for creditors' protection in November 2011.

The county commissioners on Thursday voted 4 to 1 to approve the deal with Bank of Nova Scotia, State Street Bank & Trust and Bank of New York Mellon, which had been the county's liquidity banks and provided short-term loans.

The agreement will return 80 cents on the dollar to the banks, plus $2.7 million to satisfy claims of more than $20 million for interest costs tied to defaulted sewer debt, the commissioners were told during a commission meeting.

If implemented, the workout and the deals would impose the largest losses on municipal bondholders by a big U.S. local government since the 1930s.

Jefferson County's case may soon be eclipsed as the largest government bankruptcy in U.S. history by Detroit, a faded industrial center whose emergency manager has offered unsecured creditors as little as 10 cents on the dollar.

Home to Birmingham, Alabama's largest city, Jefferson County has already struck agreements with JPMorgan Chase and other creditors covering over 80 percent of the $4.2 billion of sewer-system and other debt that led to its bankruptcy filing.

As part of the agreements, the county will raise sewer rates by 7.41 percent a year over four years.

"This plan puts a financial burden on the rate payer. The bill for this falls on the poor," said County Commissioner George Bowman, who voted against the settlement.

During a court hearing in the case on Thursday, U.S. Bankruptcy Judge Thomas Bennett suspended litigation in several disputes between creditors and the county and set aside the week of November 11 for confirmation hearings on the county's proposed plan.

Bennett's rulings included a refusal to end a stay on a claim brought on behalf of the sewer system's customers.

The claim argued that much of the system's $3.1 billion of defaulted debt was illegitimate and should not be paid off by rate-payers. Those arguments can be made at the November hearings ahead of Bennett's ruling on the county's plan, the judge said.

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Reuters: Bankruptcy News: FCC's Alpine Holding GmbH to file for bankruptcy

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FCC's Alpine Holding GmbH to file for bankruptcy
Jun 27th 2013, 13:54

VIENNA, June 27 | Thu Jun 27, 2013 9:54am EDT

VIENNA, June 27 (Reuters) - Alpine Holding GbmH, the Austrian unit of Spanish construction group FCC, said it would file for bankruptcy on Friday.

"The management of Alpine Holding GmbH informed the supervisory board today that Alpine Holding GmbH will file for bankruptcy at Handelsgericht Wien (the Vienna commercial court) tomorrow, June 28, 2013," the company said in a statement.

Its main operating unit, Alpine Bau, Austria's second-biggest construction company, filed last week for insolvency.

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Reuters: Bankruptcy News: RPT-Bank regulator could be dooming UK mutuals

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RPT-Bank regulator could be dooming UK mutuals
Jun 27th 2013, 07:20

Thu Jun 27, 2013 3:20am EDT

* Nationwide scrambles to come up with credible plan

* UK mutuals panic following Nationwide leverage order

* Lack of investor appetite casts doubt on new PIB product

By Aimee Donnellan

LONDON, June 26 (IFR) - UK bank regulators enforcing tough new rules on capital could be sounding the death knell for mutual societies, a cornerstone of the country's financial network for generations.

New regulations on capital intended to shore up Britain's banks and prevent another financial crisis are in fact leaving many mutuals fearing that the end could be near.

Nationwide, the UK's largest building society, is under pressure to produce a plan by week's end for how it will drum up an additional GBP2bn of reserve capital.

Coming on the heels of a similar hurdle for The Co-operative Bank, the troubles for Nationwide - in business since 1846 - could doom what is widely considered as one of the most ethical forms of banking.

"This really could be the death of the UK mutual," one banker who asked not to be named, because of the sensitivity of the subject, told IFR.

"Nationwide has always been a defender of its model and is considered to be not only the largest but the strongest of its kind."

GETTING STRONGER

The heart of the issue is the so-called leverage ratio - the amount of core capital that all banks have to hold in reserve against the total sum of loans they have made.

Nationwide has to increase its ratio from 2% to 3%, effective in 2019 - but the Prudential Regulation Authority (PRA) is pressing banks to spell out plans now for how to meet the target.

Nationwide has been given until the end of June, or midnight on Sunday, to outline how it will come up with the roughly GBP2bn it needs to comply.

A spokesperson for Nationwide spoke with IFR on Wednesday and said it is continuing to work with the PRA to agree on a mutually agreeable timeframe to meet these requirements.

"We are confident we will meet the 3% leverage ratio for the 2019 deadline," he said.

But despite that sentiment, the PRA has frustrated banks by deciding they must come up with their plans some four-and-a-half years early, imposing an advance deadline that few if any mutuals could hope to meet.

"If Nationwide is having to come up with a plan to sort out its leverage ratio," said one UK debt banker, "then you can bet your bottom dollar that other mutual societies will have to do the same."

There are currently 46 building societies and 50 mutual lenders and deposit-takers servicing customers in the UK, according to the Building Societies Association.

And investment bankers say that many of them have been calling over the past few days, anxiously trying to figure out ways of quickly boosting their leverage ratios.

The Co-operative was the first mutual to come under pressure from the PRA over the ratios and, facing a GBP1.5bn capital shortfall, is planning to de-mutualise and become listed bank.

Mutual societies, which are collectively owned by their depositors, have built a reputation as highly ethical institutions that often have close ties to local communities.

Their demise would be seen as another blow to institutions that return profit to stakeholders that are often customers and can lend at more attractive rates. But the short deadlines being imposed by the PRA seem to give little room for the mutuals to manoeuvre.

As one debt capital banker put it: "The deadline seems unrealistic."

Andrew Bailey, the deputy governor for prudential regulation at the Bank of England, declined to comment Wednesday about the deadlines but said all bank plans needed to be "sensible, consistent and achievable".

NO WAY OUT?

UK mutuals have traditionally sold Permanent Interest Bearing Shares (PIBS) to create core capital.

Nationwide's Pillar 3 disclosure states it has some GBP1.3bn of PIBS outstanding. However, their prices have fallen 20 points to the low 80s in cash terms since the PRA's announcement, which was far harsher than the market expected.

"The PRA is now only counting Core Equity Tier 1 in its numeration calculations, when they had been expected to look at total capital," said Edward Stevenson, head of financial institutions group debt capital markets at BNP Paribas.

"As a result, Nationwide needs to find GBP2bn of common equity to ensure its leverage ratio is where it should be."

To get around this problem, Nationwide could raise core capital deferred shares (CCDS), the new form of PIBS.

But bankers say that raising just a tenth of the GBP2bn would be a challenge due to a lack of investor appetite for the product.

While Nationwide is by no means the only UK financial to fail to meet the targeted leverage level, it has the lowest leverage ratio of all eight lenders analysed thus far by the UK regulator.

"The PRA is applying a very blunt measure to Nationwide, but in response they are coming up with a plan to solve the problem, which will include CCDS and some Additional Tier 1," said a London-based debt banker.

"This should placate the regulator for the time being, but their only option may be a Co-operative-style demutualising."

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Wednesday, June 26, 2013

Reuters: Bankruptcy News: Accounting board seeks 'going concern' self-test for US firms

Reuters: Bankruptcy News
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Accounting board seeks 'going concern' self-test for US firms
Jun 26th 2013, 22:22

Wed Jun 26, 2013 6:22pm EDT

* U.S. companies may have to warn of going concern risks

* Few such warnings issued during global credit crisis

By Dena Aubin

NEW YORK, June 26 (Reuters) - U.S. companies would have to regularly assess their ability to continue as a going concern under a proposal issued on Wednesday by accounting rule-makers, an attempt to ensure investors get timelier warnings when companies get in trouble.

The proposal from the U.S. Financial Accounting Standards Board calls for companies to evaluate each quarter their ability to survive as a going concern, or stay afloat and pay its obligations. Currently, the company's auditors are primarily responsible for making this evaluation.

A company would have to issue its own warnings to investors when it is more likely than not that it would fail to meet its obligations over the next 12 months. Auditors would still be responsible for evaluating the company's going concern assessments.

FASB is seeking comment on the proposal through September 24. It did not give an estimate for an effective date.

Companies already have to disclose risks that they may run short of cash in footnotes to their financial statements, but those disclosures vary from company to company.

Going concern warnings are a highly sensitive issue for corporate managers, because lenders stop extending credit when they find out a company is near collapse.

FASB's proposal "makes it much more difficult for them to deny a difficult situation," said Paul Miller, professor of accounting at the University of Colorado at Colorado Springs.

Auditors also face huge risks in this area, because they can get hit with lawsuits if they fail to warn about a company that collapses, Miller said.

Going concern warnings were proven inadequate in the 2007-2009 global credit crisis when auditors failed to flag risks at banks that collapsed or required government bailouts.

A company's going concern status underpins every financial statement it prepares, with assets priced based on the assumption that the firm will survive to realize the assets' value. When the company is in danger of failing, its assets have to be re-priced based on what they would be worth in a liquidation.

Even before a company is in imminent danger of liquidation, there may be uncertainties about its going concern status, FASB said in a release. Accounting standards now have no guidance for managers on disclosing those uncertainties. (Reporting By Dena Aubin; Editing by Kim Dixon and David Gregorio)

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Reuters: Bankruptcy News: Showdown in Detroit is sign of emergency manager's growing power

Reuters: Bankruptcy News
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Showdown in Detroit is sign of emergency manager's growing power
Jun 26th 2013, 20:45

By Steve Neavling

June 26 | Wed Jun 26, 2013 4:45pm EDT

June 26 (Reuters) - LesliWith Detroit's emergency manager, Kevyn Orr, flexing his political muscle as he scrambles to keep the city out of bankruptcy, the once-heralded Motor City is facing a political vacuum as its ever-fractious officials run smack into the reality of Orr's power.

City Council President Charles Pugh is the latest to reckon with Orr's authority. Pugh, who has missed the last two council meetings and on Tuesday issued a notice he would be on medical leave for three to four weeks, now faces a 5 p.m. deadline imposed by Orr.

Orr ordered Pugh to return to his $77,000-a-year job by the end of the business day Wednesday or else resign. While Orr does not have the power to force a resignation, as the city's emergency financial manager he could withhold payment.

"We expect people to show up for work," Orr's spokesman, Bill Nowling, said.

Pugh has not returned phone calls. He disabled his social media accounts last week.

The standoff with Pugh is the latest in a tangled relationship between Orr and the city government. Already, two city council members have announced plans to leave - with one going to work for Orr's office.

As the most financially troubled of America's large cities in the wake of the recession, how Detroit resolves its situation could serve as an example for other cities facing unsustainable debt and possible bankruptcy. Most of the city's elected officials opposed the appointment of an emergency manager by Michigan Governor Rick Snyder and feared they would be sidelined in the process.

Regardless of how the Pugh saga is resolved, the city council will be down two members after the end of this week, making it difficult for the council to conduct business.

The mayor and the council still run the city day to day, and while Orr's commission is expected to run at least through 2014, their offices will remain intact.

As elected representatives, they continue responding to the public's demands, even as Orr has the power to reach into virtually any aspect of city government-from labor contracts to spending to replacing pension trustees.

Greg Bowens, a political consultant, said Detroit's residents still rely on council members to help them understand the drastic changes taking place under the emergency manager.

"If you have a problem with city government or services, the place to air your grievance is City Council," Bowens said. "You have to give people an opportunity to ask questions of their government."

The question now, however, may be just who can citizens address their grievances to.

Mayor Dave Bing has announced he will not run for re-election.

From the start, Bing and Orr have shadow-boxed. Soon after Orr arrived on the job in early May, Bing sent letters to the city's union leaders, stating that under the emergency manager law the city would no longer bargain with union employees. Orr disavowed the letters, saying through a spokesman that he would meet with unions before making any decisions.

Council President Pro Tem Gary Brown early Wednesday announced he will step down July 1 to take a position working for Orr. Brown, a former deputy police chief, will serve as chief compliance officer for the emergency manager's office.

"Each day that implementation of restructuring is not done, it makes turning around the city that much more difficult," Brown said in a letter to supporters. "Therefore, we must act now."

Brown, a former deputy police chief, was the lone council voice calling for steeper spending cuts and an end to deficit spending as Detroit struggles to right its financial house and avoid what would be the largest ever U.S. municipal bankruptcy.

The Michigan law that created the financial emergency manager position gives Orr virtually unrivaled powers to take action to fix city finance. Financial managers also have taken control of Pontiac, Flint, Benton Harbor and two smaller cities in Michigan under earlier versions of the law.

In Detroit, some politicians are refusing to go along with the new arrangement.

Last Friday, Detroit councilman Kwame Kenyatta resigned, saying he would not work under an emergency manager, a position that he said he considers illegal. "What's the point of the council? There's no more authority," Kenyatta said.

But while Bing has said he will not seek a second term as mayor, Orr's presence has not dissuaded 14 candidates from vying to replace Bing.

Among the candidates are the popular sheriff of Wayne County, Benny Napoleon, as well as three state representatives, a former judge and several community activists.

State Representative Lisa Howze, a mayoral candidate, said the mayor at least can hold Orr accountable. "The mayor will offer another view point," she said. "So people can decide if the emergency manager is doing what's best for Detroit, or if this is just self-aggrandizement."

While most of the mayoral aspirants oppose the emergency manager law, none has made clear what steps could be taken to eliminate a position created by the state legislature.

Even as the politics begin heating up, many questions linger. Orr must decide by Jan. 1 whether he wants to maintain the salaries of the mayor and city council.

And the mayoral contenders must come to grips with the fact that the next mayor will have an extremely limited role in shaping Detroit's financial affairs because Orr has final authority over all budget decisions.

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Reuters: Bankruptcy News: Strabag SE eyes assets of insolvent Alpine Bau

Reuters: Bankruptcy News
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Strabag SE eyes assets of insolvent Alpine Bau
Jun 26th 2013, 18:19

VIENNA, June 26 | Wed Jun 26, 2013 2:19pm EDT

VIENNA, June 26 (Reuters) - Austrian construction group Strabag SE is interested in buying parts of insolvent rival Alpine Bau, Strabag said on Wednesday.

It mentioned in particular Alpine's Hazet, Universale and ARB Holding units, adding in a statement it was not yet in talks with administrators but was prepared to make offers at short notice.

Alpine Bau, the Austrian arm of Spanish construction group FCC, faces being broken up after the failure of talks to save the company in its current form, putting up to 5,000 jobs at risk. (Reporting by Michael Shields; Editing by Greg Mahlich)

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Reuters: Bankruptcy News: Bank regulator could be dooming UK mutuals

Reuters: Bankruptcy News
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Bank regulator could be dooming UK mutuals
Jun 26th 2013, 18:46

Wed Jun 26, 2013 2:46pm EDT

* Nationwide scrambles to come up with credible plan

* UK mutuals panic following Nationwide leverage order

* Lack of investor appetite casts doubt on new PIB product

By Aimee Donnellan

LONDON, June 26 (IFR) - UK bank regulators enforcing tough new rules on capital could be sounding the death knell for mutual societies, a cornerstone of the country's financial network for generations.

New regulations on capital intended to shore up Britain's banks and prevent another financial crisis are in fact leaving many mutuals fearing that the end could be near.

Nationwide, the UK's largest building society, is under pressure to produce a plan by week's end for how it will drum up an additional GBP2bn of reserve capital.

Coming on the heels of a similar hurdle for The Co-operative Bank, the troubles for Nationwide - in business since 1846 - could doom what is widely considered as one of the most ethical forms of banking.

"This really could be the death of the UK mutual," one banker who asked not to be named, because of the sensitivity of the subject, told IFR.

"Nationwide has always been a defender of its model and is considered to be not only the largest but the strongest of its kind."

GETTING STRONGER

The heart of the issue is the so-called leverage ratio - the amount of core capital that all banks have to hold in reserve against the total sum of loans they have made.

Nationwide has to increase its ratio from 2% to 3%, effective in 2019 - but the Prudential Regulation Authority (PRA) is pressing banks to spell out plans now for how to meet the target.

Nationwide has been given until the end of June, or midnight on Sunday, to outline how it will come up with the roughly GBP2bn it needs to comply.

A spokesperson for Nationwide spoke with IFR on Wednesday and said it is continuing to work with the PRA to agree on a mutually agreeable timeframe to meet these requirements.

"We are confident we will meet the 3% leverage ratio for the 2019 deadline," he said.

But despite that sentiment, the PRA has frustrated banks by deciding they must come up with their plans some four-and-a-half years early, imposing an advance deadline that few if any mutuals could hope to meet.

"If Nationwide is having to come up with a plan to sort out its leverage ratio," said one UK debt banker, "then you can bet your bottom dollar that other mutual societies will have to do the same."

There are currently 46 building societies and 50 mutual lenders and deposit-takers servicing customers in the UK, according to the Building Societies Association.

And investment bankers say that many of them have been calling over the past few days, anxiously trying to figure out ways of quickly boosting their leverage ratios.

The Co-operative was the first mutual to come under pressure from the PRA over the ratios and, facing a GBP1.5bn capital shortfall, is planning to de-mutualise and become listed bank.

Mutual societies, which are collectively owned by their depositors, have built a reputation as highly ethical institutions that often have close ties to local communities.

Their demise would be seen as another blow to institutions that return profit to stakeholders that are often customers and can lend at more attractive rates. But the short deadlines being imposed by the PRA seem to give little room for the mutuals to manoeuvre.

As one debt capital banker put it: "The deadline seems unrealistic."

Andrew Bailey, the deputy governor for prudential regulation at the Bank of England, declined to comment Wednesday about the deadlines but said all bank plans needed to be "sensible, consistent and achievable".

NO WAY OUT?

UK mutuals have traditionally sold Permanent Interest Bearing Shares (PIBS) to create core capital.

Nationwide's Pillar 3 disclosure states it has some GBP1.3bn of PIBS outstanding. However, their prices have fallen 20 points to the low 80s in cash terms since the PRA's announcement, which was far harsher than the market expected.

"The PRA is now only counting Core Equity Tier 1 in its numeration calculations, when they had been expected to look at total capital," said Edward Stevenson, head of financial institutions group debt capital markets at BNP Paribas.

"As a result, Nationwide needs to find GBP2bn of common equity to ensure its leverage ratio is where it should be."

To get around this problem, Nationwide could raise core capital deferred shares (CCDS), the new form of PIBS.

But bankers say that raising just a tenth of the GBP2bn would be a challenge due to a lack of investor appetite for the product.

While Nationwide is by no means the only UK financial to fail to meet the targeted leverage level, it has the lowest leverage ratio of all eight lenders analysed thus far by the UK regulator.

"The PRA is applying a very blunt measure to Nationwide, but in response they are coming up with a plan to solve the problem, which will include CCDS and some Additional Tier 1," said a London-based debt banker.

"This should placate the regulator for the time being, but their only option may be a Co-operative-style demutualising."

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Reuters: Bankruptcy News: UPDATE 1-Ally's $2.1 bln payment to ResCap gets court approval

Reuters: Bankruptcy News
Reuters.com is your source for breaking news, business, financial and investing news, including personal finance and stocks. Reuters is the leading global provider of news, financial information and technology solutions to the world's media, financial institutions, businesses and individuals. // via fulltextrssfeed.com
UPDATE 1-Ally's $2.1 bln payment to ResCap gets court approval
Jun 26th 2013, 18:03

Wed Jun 26, 2013 2:03pm EDT

By Nick Brown

NEW YORK, June 26 (Reuters) - A bankruptcy judge on Wednesday approved a settlement in which the U.S. government-owned Ally Financial Inc, formerly the finance arm of General Motors Co., will pay $2.1 billion to its bankrupt unit Residential Capital LLC.

Judge Martin Glenn also said he will unseal a report by a bankruptcy examiner probing Ally's role in ResCap's collapse. The report had been sealed as the parties hashed out a settlement.

The deal is a key step in ResCap's eventual exit from Chapter 11 protection. The settlement also will help Ally focus on its core business of auto lending and on repaying the U.S. government roughly $10 billion outstanding on a $17 billion loan for a bailout during the financial crisis.

The agreement still must be incorporated into a formal plan by ResCap charting its bankruptcy exit strategy, which will also need court approval.

"The standards applicable to this plan support agreement are not the same as the standards applicable to approving" a bankruptcy exit plan, Judge Glenn said during a hearing in U.S. Bankruptcy Court in Manhattan.

SEALED REPORT

Creditors had alleged that Ally had hastened ResCap's collapse by stripping some choice assets. A report by former bankruptcy Judge Arthur Gonzalez, the examiner in ResCap's bankruptcy, probed Ally's role.

That hefty study, which cost ResCap's estate about $80 million, has been kept under seal. Glenn said it will be released now that the sides have settled, although it was unclear exactly when the report would become available to the public.

Glenn said he planned to enter the order to unseal the report on Wednesday. "I hope you all enjoy reading the 2,235 pages," he quipped.

The government still owns about three-quarters of Ally, formerly a GM unit known as General Motors Acceptance Corp. Mortgages made by ResCap led to huge losses for Ally, and it still owes the government $10 billion.

Ally would pay the Rescap estate $1.95 billion in cash and expects $150 million more to come from its insurers. The total proposed contribution is up from the $750 million it initially offered, which creditors lambasted as far too low.

BOON FOR BONDHOLDERS

The settlement could yield a profit for unsecured bondholders like Paulson & Co, which will receive $351 million or so, about 35 cents on the dollar for their roughly $1 billion in claims.

While Paulson has not disclosed what it paid for its stake, it likely acquired it at a discount, as the bonds were trading lower than 30 cents on the dollar last May, when ResCap filed for bankruptcy, according to bond tracking program TRACE.

MBIA and FGIC, which insured residential mortgage-backed securities issued by ResCap, stand to get a larger piece of the settlement pie, about $1 billion total. But they have had to pay billions of dollars in claims stemming from the failed securities and may have to pay more in the future.

Other bond insurers would get about $96 million.

Holders of residential mortgage-backed securities - of which there are more than 40,000 among 392 separate RMBS trusts - stand to recoup about $672 million.

The settlement also resolves litigation including a securities class action led by the New Jersey Carpenters Health Fund, which would receive $100 million. A trust created for the benefit of other private securities claimants would receive $226 million.

The case is In re Residential Capital LLC, U.S. Bankruptcy Court, Southern District of New York, No. 12-12020.

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Reuters: Bankruptcy News: Ally's $2.1 bln payment to ResCap gets court approval

Reuters: Bankruptcy News
Reuters.com is your source for breaking news, business, financial and investing news, including personal finance and stocks. Reuters is the leading global provider of news, financial information and technology solutions to the world's media, financial institutions, businesses and individuals. // via fulltextrssfeed.com
Ally's $2.1 bln payment to ResCap gets court approval
Jun 26th 2013, 17:16

NEW YORK, June 26 | Wed Jun 26, 2013 1:16pm EDT

NEW YORK, June 26 (Reuters) - A bankruptcy judge on Wednesday approved a settlement in which the U.S. government-owned Ally Financial Inc will pay $2.1 billion to its bankrupt Residential Capital LLC unit.

Judge Martin Glenn also said he will unseal a report by a bankruptcy examiner probing Ally's role in ResCap's collapse. The report had been sealed as the parties hashed out a settlement.

The deal is a key step in ResCap's eventual exit from Chapter 11 protection, and will allow Ally to focus on paying back the U.S. government roughly $10 billion outstanding on a $17 billion loan.

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