Puerto Rico

Puerto Rico's options: Default, restructure, bailout or bankruptcy?

How exactly Puerto Rico could restructure its mountain of debt is the $72-billion question that everyone from New York to San Juan is asking, according to a commentary in The Hill. As an unincorporated territory of the U.S., Puerto Rico cannot file for bankruptcy protections under Chapter 9 of the United States Bankruptcy Code. Puerto Rico is caught in a legal Catch-22: it is allowed to pile up bonds as if it were a municipality but it cannot restructure or declare bankruptcy like Detroit, Stockton or any of the other American cities that have defaulted in recent memory.  
 

Federalism Form and Function in the Detroit Bankruptcy

by Melissa B. Jacoby 
University of North Carolina (UNC) at Chapel Hill - School of Law
 
This article tests the premise of limited federal court involvement in municipal bankruptcy cases against the real world of Detroit’s restructuring. The study is based on listening to digital audio recordings of court hearings and status conferences throughout the case in nearly real time, coupled with other primary source materials. Under the right conditions, we learn, a federal court can formally honor the explicit restrictions in the Bankruptcy Code while functionally exercising significant influence throughout a chapter 9 case. Some of the channels of influence operate beyond public view, including confidential mediation overseen by a powerful chief district judge and the court's feasibility team that, according to witness testimony, collaborated quite extensively with city officials. These tools form what I call the Detroit Blueprint – a procedural precedent sure to affect other municipal restructurings more than the (limited) substantive doctrine the case generated.
 

Puerto Rico doesn’t have the money

When Alejandro García Padilla, the governor of Puerto Rico, announced on June 29th that its $72 billion public debt was unsustainable, he warned that the only alternative to a comprehensive restructuring “would be the unilateral and unplanned non-payment of obligations,” according to a commentary in The Economist. It would be a drastic step for the autonomous American territory, which the United States regards as a commonwealth. Mr García Padilla was presumably hoping to intimidate Puerto Rico’s recalcitrant creditors into accepting their inevitable losses, thus averting disaster. Just a month later, the worst-case scenario has started to become a reality. Read the full commentary.

Estimated Puerto Rico Debt Recovery Values

SECURITY

RATING

OUTSTANDING (MLNS)

EXPECTED RECOVERY VALUE

General Obligation

Caa3

$18,566.0

65-80%

Sales-Tax senior

Caa3

$6,244.0

65-80%

Sales-Tax junior

Ca

$9,000.0

35-65%

Industrial Development Company general purpose revenue bonds

Caa3

$176.9

65-80%

Aqueduct & Sewer Authority 

Caa3

$3,852.5

65-80%

Municipal Finance Authority

Ca

$781.2

35-65%

Electric Power Authority

Caa3

$9,054.2

65-80%

University of PR system revenue bonds

Ca

$470.8

35-65%

University of PR educational facilities revenue bonds

Ca

$68.7

35-65%

appropriation-backed debt

  Ca  

$1,165.5

35-65%

Government Development Bank notes

  Ca  

$5,137.3

35-65%

Highway & Transportation Authority senior debt

  Ca  

$4,418.5

35-65%

Highway & Transportation Authority subordinate debt

  Ca  

$298.5

35-65%

Infrastructure Finance Authority

  Ca  

$1,889.3

35-65%

Pension bonds

  Ca  

$2,948.0

35-65%

Convention Center District Authority

  Ca  

$408.5

35-65%

Source: Government Development Bank, Moody's Investors Service

Which Puerto Rico Bond Defaults Next? 46% Yields Provide a Clue

Puerto Rico defaulted for the first time on Aug. 3, when a little-known agency, the Public Finance Corp., paid investors just $628,000 of the $58 million they were owed. The Finance Corp. is only one of the 17 arms of the U.S. territory that have sold tax-exempt bonds, according to the Government Development Bank. Unlike debt typically issued by countries, the securities carry varying degrees of risk because they're backed by different sources of funds and legal safeguards. Puerto Rico's big bond payments aren't until December and January, when $1.4 billion of principal and interest is due, and Governor Alejandro Garcia Padilla may arrive at a plan for retooling the commonwealth's $72 billion of debt before then. Victor Suarez, Garcia Padilla's chief of staff, on Monday said the government expects to have the cash needed to make the interest payment in January on its GO bonds as it plans to borrow money to keep the government afloat. Read more.

Puerto Rico Staring at $400 Million Short-Term Squeeze

Puerto Rico is approaching an inflection point that may prove to be more challenging than the commonwealth's decision this month to skip a bond payment for the first time. After borrowing internally, omitting debt-service payments and slowing tax rebates, the island is at risk of running out of cash to fund day-to-day operations. Puerto Rico must raise $400 million through a bank loan or a sale of short-term securities by November, Victor Suarez, Governor Alejandro Garcia Padilla's chief of staff, said Aug. 10 in San Juan. Garcia Padilla's administration had already alienated creditors before defaulting on $58 million of bonds Aug. 3 by saying they need to restructure a $72 billion debt burden that it can no longer sustain. Puerto Rico appears to be betting that investors will provide access to capital markets again once the commonwealth unveils a debt-restructuring proposal Sept. 1.