Tag Archives: Bankruptcy

Puerto Rico requests bankruptcy protection for public debt

Puerto Rico's Governor Ricardo Rossello addresses the audience during a meeting of the Financial Oversight and Management Board for Puerto Rico at the Convention Center in San Juan, Puerto Rico March 31, 2017. REUTERS/Alvin Baez

By Nick Brown

(Reuters) – Puerto Rico’s financial oversight board on Wednesday filed for a form of bankruptcy protection under last year’s federal rescue law known as PROMESA, touching off the biggest bankruptcy in the history of the U.S. municipal debt market.

The move comes a day after several major creditors sued the U.S. territory and its Governor Ricardo Rossello over defaults on the island’s $70 billion in bonds.

The request came under Title III of the PROMESA law is an in-court debt restructuring process akin to U.S. bankruptcy protection, as Puerto Rico is barred from traditional bankruptcy because it is a U.S. territory. The case was filed in U.S. District Court in Puerto Rico.

The process will give Puerto Rico the legal ability to impose drastic discounts on creditor recoveries, but could also spook investors and prolong the island’s lack of access to debt markets.

“The governor needed to show that his primary allegiance lies with the citizens of Puerto Rico, and that was the justification for the filing,” said David Tawil, whose fund, Maglan Capital, held Puerto Rico GO debt but has since sold it. “I’m not sure whether bondholders are going to get any better treatment or recovery under this course of action.”

The legal proceeding does not mean negotiations toward a consensual restructuring agreement must stop, the governor said in a statement on Wednesday.

“It is my hope that the Government’s Title III proceedings will accelerate the negotiation process,” the governor said in the statement.

Rossello’s fiscal plan for the island, approved by the oversight board in March, forecasts Puerto Rico having only $800 million a year to pay debt, less than a quarter of what it owes. The low figure alienated creditors, and negotiations toward a restructuring deal have foundered.

In addition to its debt, Puerto Rico is facing a 45 percent poverty rate, a shrinking population and unemployment more than twice the U.S. average.

Puerto Rico and its general obligation bondholders, whose $18 billion of debt is backed by the island’s constitution, were negotiating until the last minute.

GO holders offered to accept cuts of 10 cents on the dollar, Elias Sanchez, Rossello’s liaison to the oversight board, told Reuters on Wednesday.

The government responded with an offer to repay 70 percent of claims through new bonds, and another 20 cents through a “growth” bond, payable only if Puerto Rico surpassed fiscal projections.

The sides could not reach a deal, and GO creditors sued the island on Tuesday.

(Writing by Nick Brown; Additional reporting by Jonathan Stempel; editing by Clive McKeef)

U.S. Oil industry bankruptcy wave nears size of telecom bust

Dead sunflowers stand in a field near dormant oil drilling rigs which have been stacked in Dickinson, North Dakota

By Ernest Scheyder and Terry Wade

HOUSTON (Reuters) – The rout in crude prices is snowballing into one of the biggest avalanches in the history of corporate America, with 59 oil and gas companies now bankrupt after this week’s filings for creditor protection by Midstates Petroleum and Ultra Petroleum.

The number of U.S. energy bankruptcies is closing in on the staggering 68 filings seen during the depths of the telecom bust of 2002 and 2003, according to Reuters data, the law firm Haynes & Boone and bankruptcydata.com.

Charles Gibbs, a restructuring partner at Akin Gump in Texas, said the U.S. oil industry is not even halfway through its wave of bankruptcies.

“I think we’ll see more filings in the second quarter than in the first quarter,” he said. Fifteen oil and gas companies filed for bankruptcy in the first quarter.

Some oil producers appear to be holding on, hoping the price of crude stabilizes at a higher level. In February, oil slumped as low as $27 a barrel from peaks above $100 a barrel nearly two years ago. U.S. crude has recovered somewhat, and on Tuesday was trading a little below $44 a barrel. [O/R]

Until recently, banks had been willing to offer leeway to borrowers in the shale sector, but lately some lenders have tightened their purse strings.

A widely predicted wave of mergers in the shale space has yet to materialize as oil price volatility makes valuations difficult, and buyers balk at taking on debt loads until target companies exit bankruptcy.

The telecom and energy boom-and-bust cycles have notable parallels. Pioneering technology brought an influx of investment to each industry, a plethora of new, small companies issued high levels of debt, and a subsequent supply glut sapped pricing just as demand fell sharply.

Neither this crash nor the telecom crack-up in the early 2000s rival the housing and financial bust in 2007-2009 in terms of magnitude and economic impact. But losses for energy investors in the stock and bond markets in the last two years are significant. It remains unclear how long it will take to get through the worst of the declines, and who will be left standing when it is over.

A 60 percent slide in oil prices since mid-2014 erased as much as $1.02 trillion from the valuations of U.S. energy companies, according to the Dow Jones U.S. Oil and Gas Index <.DJUSEN>, which tracks about 80 stocks. This has already surpassed the $882.5 billion peak-to-trough loss in market capitalization from the Dow Jones U.S. Telecommunications Sector Index in the early 2000s.

In the debt market, there are also signs that lots of money could be lost this time around, especially in high-yield bonds.

During its boom, U.S. oil and gas companies issued twice as much in bonds as telecom companies did in the latter part of the 1990s through the early 2000s.

Between 1998 and 2002, about $177.1 billion in new bonds were sold in the U.S. telecommunications sector; less than 10 percent were junk bonds. U.S. oil and gas companies sold about $350.7 billion in debt between 2010 and 2014, the peak years of the oil-and-gas boom, with junk bonds making up more than 50 percent of all issuance, according to Thomson Reuters data.

(Reporting by Ernest Scheyder and Terry Wade; Editing by David Gaffen and David Gregorio)

Family Christian Stores Will Stay Open If Bidder Is Approved

The nation’s largest Christian-focused retailer will likely stay open if a bid at a private auction for their assets is approved in bankruptcy court.

FC Acquisition, controlled by an Atlanta businessman who also controls the non-profit company that owns Family Christian Stores, submitted the highest bid and will pay up to $43.6 million dollars for the company’s assets.

Other bidders had planned to liquidate the company and close the stores.

The second-highest bidder plans to challenge the FC Acquisitions bid, claiming their bid was at least $15 million higher than the FC bid.

Richard Jackson, operator of FC Acquisition, explained to the Christian Post in March why he was taking this step.

“We are gonna lose millions of dollars ourselves, all we did was loan money to the parent and its out,” said Jackson to CP. “It’s gone, and we don’t get interest. So we can either quit, [file a] Chapter 7, which means all stores go out of business immediately, or [do] a reorganization called a 363 sell, which is where Family Christian Ministries forms a new entity to buy assets and it cleans out any other debts and so forth, positioning to be successful going forth.”

Family Christian Stores filed for bankruptcy in February.

Family Christian Stores Cancels Bankruptcy Plans

Family Christian Stores, the largest Christian bookstore in the U.S., announced they are withdrawing their bankruptcy plans and will keep stores open.

The move was done to save the jobs of their 4,000 employees.

“The stewards of the ministry have done this out of love for the mission of Family Christian,” Chuck Bengochea, president and CEO of FCS, said in a press release. “We believe that this will help to satisfy certain objections of the Creditors Committee and the U.S. Trustees. This action will lead more quickly to a successful outcome in which we can continue to serve our customers and glorify God. Day-to-day operations at Family Christian Stores will continue as usual.”

The company had filed for bankruptcy in February because of $97 million owed to banks.

Rick Jackson, owner of FCS, says that it was previous owners who brought in the debt.  Jackson bought the stores in 2012 and turned them into a non-profit.

“The previous owners had so much debt that when the stores went down, they had enough to take care of themselves, but they couldn’t pay for the debt,” Jackson told The Christian Post last month while on the set of Giving Films’ first project, “90 Minutes in Heaven.”

“So we took it on; we were too positive thinking, and tectonic trends — people going online not going to brick and mortar stores — brought sales down 10 to 20 percent, just like Borders,” he added.

Family Christian Stores Files Bankruptcy

The nation’s largest Christian bookstore chain specializing in Bibles, books, music and church supplies has filed for Chapter 11 bankruptcy.

Family Christian Stores, the Grand Rapids, Michigan based non-profit company has 266 stores across 36 states.  FCS employs around 4,000 employees.  Corporate officials say that they don’t anticipate closing stores or laying off employees.

“We strive to serve God in all that we do and trust His guidance in all our decisions, especially this very important one,” stated FCS president and CEO Chuck Bengochea. “We have carefully and prayerfully considered every option. This action allows us to stay in business and continue to serve our customers, our associates, our vendors and charities around the world.”

FCS had bought itself back from private equity owners in 2012 with a pledge to donate 100 percent of profits to “widows and orphans.”

FCS released a statement regarding the restructuring:

Through a newly formed subsidiary, Family Christian Ministries will serve as the lead bidder for the Section 363 sale process, putting forward a plan that acquires the streamlined organization’s assets and maintains operation of the chain’s 267 stores in 36 states, as well as its e-commerce site www.familychristian.com. Family Christian Stores is asking the court for a schedule to complete the sale process in about 60 days.

After the judge approves the sale, we’ll be immediately cash-flow positive and profitable. This process is similar to the one taken by the automobile and airline industries in recent years. We see this as the start of a fresh new day for Family Christian Stores and look forward to delighting our customers for many years to come.

Among our next steps are to make various capital improvements to our stores, as well as invest in an expanded product line and implement a new retail strategy that will enable us to better serve our customers.

Detroit’s Historic Bankruptcy Moves Forward

A federal bankruptcy judge ruled Tuesday that Detroit’s historic bankruptcy will be able to continue and that the city is eligible to shed billions of dollars in debt.

“This once proud and prosperous city can’t pay its debts. It’s insolvent. It’s eligible for bankruptcy,” Federal Judge Steven Rhodes said during this ruling. “At the same time, it also has an opportunity for a fresh start.”

While the bankruptcy plan has not been submitted to the judge, today’s hearing cleared the way for the city to make the submission. The ruling today addressed issues regarding whether or not Detroit was eligible to stay in bankruptcy court.

The decision could have impact nationwide as Judge Rhodes ruled that municipal pensions are like any other contract and can be cut in a federal bankruptcy filing.

Opponents of the bankruptcy plan filed an appeal only minutes after the ruling.

Another California Town Considering Bankruptcy

A major California resort town is threatening to enter bankruptcy due to salary and pension costs.

Desert Hot Springs, California, a city of 26,000 east of Los Angeles, could be the third major city to file for bankruptcy after San Bernardino and Stockton.

The city’s problems came to light last week when a new finance director discovered a $3 million shortfall in the city’s $13.5 million budget during a routine record check. The interim director of finance could not explain the reason for the shortfall but said it was likely due to higher than expected pension and salary costs.

If the city ends up filing, it will be the second time since 2001 that the city has filed for bankruptcy proection.

Amy Aguer, the city’s interim director of finance, said that 70 percent of the budget was consumed by police costs between salaries and pension payments.