Detroit

PRELIMINARY HEARING ON DETROIT'S CHAPTER 9 ELIGIBILITY MOVES CASE TO CRITICAL PHASE

In an exchange with an attorney representing Detroit's two pension funds, Bankruptcy Judge Steven Rhodes discussed whether protections for the city's pension funds could violate federal bankruptcy law. The exchange occurred during the closing session yesterday of a three-day preliminary hearing on Detroit's chapter 9 eligibility. Robert Gordon, the pension funds' attorney, argued that the city should not be eligible for bankruptcy protection because Michigan's constitution protects pensions from impairment, and because the retiree unions believe that the city will pursue pension cuts. While a Reuters story yesterday suggested that a decision was made on the pension issue, Judge Rhodes did not issue an opinion on the matter during the exchange, but he did pose tough questions to attorneys representing Detroit's unions, retirees and pension funds as they disputed the legal arguments the city's attorneys made last week. Even if Judge Rhodes believes that the Constitution prevents impairment, that is not an issue to be decided during the eligibility trial. The trial on Detroit's chapter 9 eligibility is scheduled to begin tomorrow. Read more.

CORDRAY DOESN'T EXPECT WAVE OF LITIGATION OVER CFPB'S QM RULE

U.S. Consumer Financial Protection Bureau Director Richard Cordray said that he doesn't anticipate an outburst of litigation after his agency's qualified mortgage rule takes effect next year, Bloomberg News reported yesterday. Regulators understand that banks will need time for implementation of the rule, which will require that lenders take certain steps to confirm a borrower's ability to repay, Cordray said yesterday. "Let me also assure you that our oversight of the new mortgage rules in the early months will be sensitive to the progress made by institutions that have been squarely focused on making good-faith efforts to come into substantial compliance on time -- a point that we have also been discussing with our fellow regulators," he said. The consumer bureau will have no data initially and will need to wait a few months after the rule takes effect in January to judge its impact, Cordray said. Read more.

For more on the CFPB's new mortgage servicing rules, be sure to attend the inaugural abiWorkshop program, "Risky Times for Secured Lenders and Servicers," on Nov. 6. One of the program sessions is devoted to the CFPB's new mortgage servicing rules scheduled to take effect next year. To register to attend in person or via live webstream, please click here.

DOJ SEES $13 BILLION JPMORGAN DEAL AS A TEMPLATE FOR FUTURE BANK SETTLEMENTS

The Justice Department plans to use its tentative $13 billion settlement with JPMorgan Chase as a blueprint for reaching similar deals with other banks in probes related to bad mortgages and the 2008 financial crisis, the Washington Post reported today. Justice Department officials plan to expand the use of a 1980s law that carries a relatively low burden of proof and gives prosecutors 10 years to pursue such cases, twice as long as under standard securities law. Under this model, the department would also require that some of the settlement money be directed to consumers; in JPMorgan's case, $4 billion would be set aside for struggling homeowners. The department would also refuse to allow banks to avoid criminal prosecution by paying higher civil penalties. The strategy will give the Justice Department several more years to extract multibillion-dollar fines from banks eager to rid themselves of crushing legal burdens. The strategy also includes requiring that any future deals include help for homeowners devastated by the housing market's collapse. Justice Department officials want JPMorgan to agree to aggressive forms of mortgage relief, including lowering the balances of borrowers who owe significantly more than their homes are worth. The agency wants that help directed to the areas most affected by the troubled housing market, including Detroit. Read more.

BIG U.S. BANKS SAY PROPOSAL TO LIMIT LEVERAGE ARBITRARY, HARMFUL

Some of the largest U.S. banks said a proposed rule to increase the capital they hold against potential losses is arbitrary and would put them at a disadvantage against non-U.S. banks facing easier requirements, Bloomberg News reported yesterday. The so-called leverage ratio -- proposed by banking regulators at 5 percent for holding companies and 6 percent for their banking units -- targeted banks with the most assets. In comment letters yesterday, New York-based Citigroup Inc., the third-biggest U.S. bank, said the idea could worsen an uneven global playing field for U.S. banks, and State Street Corp. said that the regulators showed "no evidence" they based the numbers on an impact study. The Federal Reserve, Office of the Comptroller of the Currency and Federal Deposit Insurance Corp. proposed a tougher limit on U.S. firms than those agreed to in Basel III international accords. The leverage cap -- also affecting JPMorgan Chase & Co., Goldman Sachs Group Inc., Morgan Stanley, Bank of America Corp., Wells Fargo & Co. and Bank of New York Mellon Corp. -- is meant to limit vulnerabilities in the financial system that were seen in the lead-up to the 2008 credit crisis. Read more.

ANALYSIS: PRIVATE-EQUITY FIRMS TARGETING RENTAL MARKET IN HOUSING'S HARDEST-HIT AREAS

Private-equity firms and hedge funds have bought as many as 200,000 homes across the U.S., typically in areas hardest hit by the housing crash, to profit from soaring demand for rentals, Bloomberg News reported yesterday. Demand for rental accommodations in the U.S. has grown as almost 8 million homes have been repossessed through foreclosure or sold for a loss since 2007, according to RealtyTrac. The homeownership rate dropped to 65 percent in the first half of this year, its lowest level since 1998, Census data show, and may keep falling as more owners lose their homes and slow income growth and tight credit limit people's ability to buy. Last year, U.S. home prices dropped to a low of 35 percent below their 2006 peak, triggering a wave of acquisitions from investors trying to turn a business that's been dominated by mom and pop landlords into an institutional asset class resembling the apartment industry. Blackstone Group LP has led the stampede, spending more than $7.5 billion on almost 40,000 properties, followed by American Homes 4 Rent with more than 20,000. Investors have largely targeted Phoenix, Atlanta, Dallas, Charlotte, N.C. and Tampa, Fla., where growth in jobs and population is expected to drive up rents and home values. Read more.

RENEW YOUR ABI MEMBERSHIP BY DEC. 31 AND SAVE!

Beginning in January 2014, ABI will institute its first dues increase to the regular dues rate in six years. The $20 increase will ensure that ABI can continue to provide you with the latest and most effective tools available in insolvency information and education. You can lock in 2013 rates, and additional discounts, for up to three years by using a multi-year renewal option (save $75!). You can also save 10 percent on future dues by opting into the automated dues program. To renew your membership and save, please go to renew.abi.org.

NEW "BANKRUPTCY IN DEPTH" VIDEO PREVIEWS UPCOMING SUPREME COURT BANKRUPTCY CASES

ABI's next "Bankruptcy In Depth" video features ABI Resident Scholar Kara Bruce talking with Eric Brunstad of Dechert LLP (Hartford, Conn.) to preview the bankruptcy cases that the Supreme Court will consider during its 2013 term. Brunstad, who has argued many cases before the Court and is an expert in bankruptcy appellate practice, discusses in depth Law v. Siegel, which questions whether the court may use its general equitable authority under §105 of the Bankruptcy Code to surcharge a debtor's exempt assets, and Executive Benefits Insurance Agency v. Arkison (In re Bellingham), which will address the bankruptcy court's authority to adjudicate Article III matters. He also provides a candid view of what it is like to argue a case before the Court and an in-depth analysis of the issues involved with the upcoming cases. Click here to watch a preview of the forthcoming ABI "Bankruptcy In Depth" video.

ABI LAUNCHES SIXTH ANNUAL WRITING COMPETITION FOR LAW STUDENTS

Law school students are invited to submit a paper between now and March 4, 2014 for ABI's Sixth Annual Bankruptcy Law Student Writing Competition. ABI will extend a complimentary one-year membership to all students who participate in this year's competition. Eligible submissions should focus on current issues regarding bankruptcy jurisdiction, bankruptcy litigation, or evidence issues in bankruptcy cases or proceedings. The first-place winner, sponsored by Invotex Group, Inc., will receive a cash prize of $2,000 and publication of his or her paper in the ABI Journal. The second-place winner, sponsored by Jenner & Block LLP, will receive a cash prize of $1,250 and publication of his or her paper in an ABI committee newsletter. The third-place winner, sponsored by Thompson & Knight LLP, will receive a cash prize of $750 plus publication of his or her paper in an ABI committee newsletter. For competition participation and submission guidelines, please visit http://papers.abi.org.

RISKY TIMES FOR SECURED LENDERS AND SERVICERS TO BE FOCUS OF FIRST ABI WORKSHOP PROGRAM- ATTEND IN PERSON OR VIA LIVE WEBSTREAM!

You will not want to miss the abiWorkshops series' inaugural program, "Risky Times for Secured Lenders and Servicers." The program is cosponsored by TMA (Chesapeake), IWIRC (D.C./Greater Maryland) and RMA (Potomac), and will be held on Nov. 6 from 9 a.m. to 3 p.m. ET in the ABI Headquarters Conference Center in Alexandria, Va. The abiWorkshops series provides attendees two great ways of participating: You can register to attend in person at the ABI Conference Center, or you can participate via a live webstream! Topics that will be covered on the Nov. 6 program include:

- Living with the New CFPB Mortgage Servicing Rules
- Business Lending: Navigating What Lies Ahead
- Business Lending: Recent Legal Developments

For more information or to register for the "Risky Times for Secured Lenders and Servicers" abiWorkshop on Nov. 6, please click here.

EXPERTS TO EXAMINE STUDENT LENDING AND BANKRUPTCY AT ABI WORKSHOP PROGRAM ON NOV. 15

Experts will tackle the hot topic of student lending issues in bankruptcy on the abiWorkshops series' new program, "You Can't Discharge Student Loans in Bankruptcy - Or Can You?" The program will be held on Nov. 15 from 9 a.m. to 3 p.m. ET in the ABI Headquarters Conference Center in Alexandria, Va. The abiWorkshops series provides attendees two great ways of participating: You can register to attend in person at the ABI Conference Center, or you can participate via a live webstream! Topics that will be covered on the Nov. 15 program include:

- Student Lending Today: Who Borrows, How Much, Delinquency & Default Trends
- Repayment Options: Income Based Repayment and New Lender/Servicer Programs
- Litigation under Sect. 523(a)(8): What Proofs Are Needed? Evidence Demonstration

For more information or to register for the "You Can't Discharge Student Loans in Bankruptcy - Or Can You?" abiWorkshop on Nov. 15, please click here.

ABI GOLF TOUR UNDERWAY; LAST STOP FOR 2013 IS WINTER LEADERSHIP CONFERENCE IN DECEMBER

The 7th and final stop for the 2013 ABI Golf Tour is on Dec. 5 at the Trump National Golf Club, held in conjunction with ABI’s Winter Leadership Conference. Final scoring to win the Great American Cup — sponsored by Great American Group — is based on your top three scores from the seven ABI events. See the Tour page for details and course descriptions. The ABI Golf Tour combines networking with fun competition, as golfers "play their own ball." Including your handicap means everyone has an equal chance to compete for the glory of being crowned ABI's top golfer of 2013! A 22-handicapper won the tour event at July’s Southeast Bankruptcy Workshop. There's no charge to register or participate in the Tour.

ABI IN-DEPTH

NEW CASE SUMMARY ON VOLO: PENNINGTON-THURMAN V. BANK OF AMERICA N.A. (IN RE PENNINGTON-THURMAN; 8TH CIR.)

Summarized by Michael Tamburini of the Commercial Law Group P.A.

The BAP affirmed the bankruptcy court's conclusion that the debtor's allegations against her mortgage lender were without merit and, therefore, it did not abuse its discretion in denying the debtor's motion to reopen her case to bring an adversary proceeding.

There are more than 1,000 appellate opinions summarized on Volo, and summaries typically appear within 24 hours of the ruling. Click here regularly to view the latest case summaries on ABI’s Volo website.

NEW ON ABI’S BANKRUPTCY BLOG EXCHANGE: HOW MORTGAGE MARKETS CAN PRICE RISK EFFICIENTLY

The Bankruptcy Blog Exchange is a free ABI service that tracks more than 80 bankruptcy-related blogs. A recent blog post suggested that higher capital requirements for federal mortgage lenders, more stringent qualified mortgage and qualified residential mortgage requirements for borrowers and a heightened reliance on private markets will help keep taxpayers from paying for future bailouts.

The abiWorkshops series' inaugural program, "Risky Times for Secured Lenders and Servicers," on Nov. 6 will cover potential legal issues associated with the CFPB's new qualified mortgage lending rules set to take effect in 2014. Attend in person or via live webstream.

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

ABI Quick Poll

Does the bankruptcy court's Section 105 power enable it to surcharge the debtor's exempt property?

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

INSOL INTERNATIONAL

INSOL International is a worldwide federation of national associations for accountants and lawyers who specialize in turnaround and insolvency. There are currently 43 member associations worldwide with more than 9,000 professionals participating as members of INSOL International. As a member association of INSOL, ABI's members receive a discounted subscription rate. See ABI's enrollment page for details.

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2013

October
- International Insolvency & Restructuring Symposium
    Oct. 25, 2013 | Berlin, Germany

November
- abiWorkshop: "Risky Times for Secured Lenders and Servicers"
   Nov. 6, 2013 | Alexandria, Va.
- Complex Financial Restructuring Program
   Nov. 7, 2013 | Philadelphia, Pa.
- Corporate Restructuring Competition
   Nov. 7-8, 2013 | Philadelphia, Pa.
- Detroit Consumer Bankruptcy Conference
   Nov. 11, 2013 | Detroit, Mich.
-abiWorkshop: "You Can't Discharge Student Loans in Bankruptcy - Or Can You?"
   Nov. 15, 2013 | Alexandria, Va.

- Delaware Views from the Bench
   Nov. 25, 2013 | Wilmington, Del.

December
- Winter Leadership Conference
    Dec. 5-7, 2013 | Rancho Palos Verdes, Calif.
January
- Western Consumer Bankruptcy Conference
    Jan. 20, 2014 | Las Vegas, Nev.
- Rocky Mountain Bankruptcy Conference
    Jan. 23-24, 2014 | Denver, Colo.

FEDERAL RESERVE PROPOSES RULE TO SCALE BACK EMERGENCY LENDING POWERS

The U.S. Federal Reserve Board of Governors unveiled a proposal yesterday that would limit the scope of its authority to bail out a large financial company on the brink of collapse through its emergency-lending programs, Reuters reported yesterday. The Fed's proposal would implement a key provision in the 2010 Dodd-Frank Wall Street Reform law that sought to prevent future big bailouts after the Fed extended more than $1 trillion in emergency credit during the height of the financial crisis. Prior to the Dodd-Frank law, the Fed had broader powers to extend emergency loans to "any individual, partnership or corporation" that met certain conditions. Dodd-Frank limits this authority to ensure that the Fed's emergency lending program cannot be used to aid a failing financial company by helping it avert bankruptcy. Under the proposed rule, the emergency lending system should only be used to help bolster liquidity to the financial system. Yesterday's proposal also requires the U.S. Treasury secretary to sign off before extending emergency loans. Previously, an institution only needed an affirmative vote of five Federal Reserve Board members in order to tap into an emergency lending program. The Fed's plan will be open for public comment until March 7. Read more.

Click here for further information on the Fed's proposal.

COMMENTARY: "SAFE HARBOR" IN BANKRUPTCY IS UPENDED IN DETROIT CASE

As Detroit struggles to come up with money to improve services for its residents, two large banks are poised to receive hundreds of millions of dollars to cancel a deal that helped push the city into bankruptcy in the first place, according to a commentary in the New York Times DealBook blog yesterday. The two banks, UBS and Bank of America, were the only creditors that managed to reach a settlement with Detroit before the city declared bankruptcy last July. They agreed to let Detroit out of financial contracts called interest-rate swaps for 75 percent of what the city owed, or about $230 million. They also agreed to give up some casino tax proceeds that Detroit had pledged to them as collateral for the swaps. The 75 cents on the dollar is a far better deal than the city's other creditors will probably get, and because of the "safe harbor" provision of the Bankruptcy Code, these two banks actually have a legal right to 100 cents on the dollar. "These safe harbors make no logical sense in this context," said Steven L. Schwarcz, a professor at Duke University School of Law who has written on the special treatment of derivatives in corporate bankruptcies. Detroit was in bankruptcy court last week seeking approval for its deal with Bank of America and UBS, but on Friday, Bankruptcy Judge Steven W. Rhodes sent the city and the banks back to confidential mediation to improve the terms for the city. The mediation was expected to continue through Christmas Eve. The swaps deal is only one part of the equation: Detroit is seeking to borrow $350 million from another bank, Barclays Capital, to finance its operations in bankruptcy, and it needs to resolve the swaps deal before it can secure the loan. Without the loan, lawyers for the city say, it soon might not be able to meet its payroll. Read more.

For further commentary, analysis and court documents from Detroit's chapter 9 filing, be sure to visit ABI's "Detroit in Distress" page at http://news.abi.org/Detroit.

ABA THREATENS TO SUE REGULATORS OVER VOLCKER RULE

The American Bankers Association (ABA) plans to challenge the Volcker Rule in court unless regulators immediately suspend portions of the controversial regulation that restrict certain collateralized debt obligations (CDOs) of trust-preferred securities, American Banker reported yesterday. In a letter to regulators, the trade group said that the financial harm from the provision is "real, imminent and irreparable." "If the rule is not suspended, we will shortly file a lawsuit challenging the rule ... and seeking emergency relief," said Frank Keating, ABA president and chief executive. At issue are whether banks are required to shed CDOs that are made up of trust-preferred holdings and how quickly. Under the final Volcker Rule issued two weeks ago, regulators said that certain CDOs that relied on a particular legal exemption from investment registration might be restricted. As a result, at least three banks said that they would have to write down or sell such assets immediately, potentially at a substantial loss, despite the fact that the Volcker Rule does not go into effect until July 2015. Zions Bancorp. in Salt Lake City said that it may take a $387 million charge on its portfolio of CDOs. Read more. (Subscription required.)

REPORT: FINANCIAL SCAMMERS INCREASINGLY TARGET ELDERLY AMERICANS

Americans who are 60 years of age and older made up 26 percent of all fraud complaints tracked by the Federal Trade Commission in 2012, the highest of any age group, the Wall Street Journal reported today. In 2008, the level was just 10 percent, the lowest of any adult age group. One in every five Americans age 65 or older has been abused financially, according to a 2010 survey by the Investor Protection Trust, a financial-education organization. Financial abuse has cost older Americans at least $2.9 billion in 2010, up 12 percent in two years, according to Metropolitan Life Insurance Co. The ability to recognize the signs of fraud can fade with aging, even among people without dementia, research shows. As the number of seniors increases, they also are becoming more-enticing targets. Cheap Internet phoning, emailing and rapid fund-transfer technology make it easy to contact -- and swindle -- potential targets. Only 10 percent of such frauds are reported, investigators estimate. Read more. (Subscription required.)

ANALYSIS: JUNK LOANS TOP '08 RECORD AS SAFEGUARDS ARE STRIPPED

The amount of loans to the riskiest U.S. companies ballooned to a record high this year, propelled by unprecedented demand for floating-rate debt that offers protection from rising interest rates, Bloomberg News reported yesterday. The market for junk-rated loans increased to $683 billion, exceeding the 2008 peak of $596 billion, according to Standard & Poor's Capital IQ Leveraged Commentary and Data. The $130 billion surge was fueled by borrowings that don't include typical lender protections, such as limits on leverage. Loans, which suffered the biggest losses in the fixed-income market during the financial crisis, staged a comeback as investors funneled a record $64.4 billion into funds that buy the debt in anticipation that the Federal Reserve would start unwinding its bond buying that has suppressed borrowing costs. The demand has enabled companies to take on more debt for shareholder rewards, prompting regulators to warn that the excesses which contributed to the credit crisis might be creeping back. Read more.

NEW ABILIVE WEBINAR SERIES LOOKS AT THE BASICS OF FINANCIAL STATEMENTS, DOCUMENTS AS EVIDENCE AND HEDGE FUNDS

Send your associates to ABI's "Back To Basics" webinar series, hosted by the Young and New Members Committee, next month. The series will cover the fundamentals of financial statements and operating reports (Jan. 14), using financial documents as evidence (Jan. 21), and hedge funds (Jan. 28). Let a trusted CLE provider help get your associates up to speed. Register for the complete series and get the third webinar free!

RENEW YOUR ABI MEMBERSHIP BY DEC. 31 AND SAVE!

Beginning in January 2014, ABI will institute its first dues increase to the regular dues rate in six years. The $20 increase will ensure that ABI can continue to provide you with the latest and most effective tools available in insolvency information and education. You can lock in 2013 rates, and additional discounts, for up to three years by using a multi-year renewal option (save $75!). You can also save 10 percent on future dues by opting into the automated dues program. To renew your membership and save, please go to renew.abi.org.

ABI LAUNCHES SIXTH ANNUAL WRITING COMPETITION FOR LAW STUDENTS

Law school students are invited to submit a paper between now and March 4, 2014 for ABI's Sixth Annual Bankruptcy Law Student Writing Competition. ABI will extend a complimentary one-year membership to all students who participate in this year's competition. Eligible submissions should focus on current issues regarding bankruptcy jurisdiction, bankruptcy litigation, or evidence issues in bankruptcy cases or proceedings. The first-place winner, sponsored by Invotex Group, Inc., will receive a cash prize of $2,000 and publication of his or her paper in the ABI Journal. The second-place winner, sponsored by Jenner & Block LLP, will receive a cash prize of $1,250 and publication of his or her paper in an ABI committee newsletter. The third-place winner, sponsored by Thompson & Knight LLP, will receive a cash prize of $750 plus publication of his or her paper in an ABI committee newsletter. For competition participation and submission guidelines, please visit http://papers.abi.org.

ABI IN-DEPTH

NEW CASE SUMMARY ON VOLO: DZAKULA V. MCHUGH (IN RE DZAKULA; 9TH CIR.)

Summarized by Lovee Sarenas of the U.S. Bankruptcy Court for the Central District of California

The Ninth Circuit Court of Appeals affirmed the U.S. District Court for the Northern District of California's ruling, applying the ruling in New Hampshire v. Maine Standards, that failure to disclose potential litigation on schedules was neither inadvertent nor a mistake; therefore, judicial estoppel barred Dzakula from filing the action.

There are more than 1,000 appellate opinions summarized on Volo, and summaries typically appear within 24 hours of the ruling. Click here regularly to view the latest case summaries on ABI’s Volo website.

NEW ON ABI’S BANKRUPTCY BLOG EXCHANGE: FINANCIAL SYSTEM'S RISK NAVIGATOR STILL HAS BLIND SPOTS

The Bankruptcy Blog Exchange is a free ABI service that tracks more than 80 bankruptcy-related blogs. A recent blog post examines how the Treasury Department's Office of Financial Research has made a number of improvements in its measurement of systemic risk, but falls short of providing a forward-looking assessment of emerging dangers.

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

ABI Quick Poll

A debtor may strip liens in a "chapter 20" case.

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

INSOL INTERNATIONAL

INSOL International is a worldwide federation of national associations for accountants and lawyers who specialize in turnaround and insolvency. There are currently 43 member associations worldwide with more than 9,000 professionals participating as members of INSOL International. As a member association of INSOL, ABI's members receive a discounted subscription rate. See ABI's enrollment page for details.

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2014

January
- abiLIVE "Back To Basics" Webinar- Financial Statements and Operating Reports
    Jan. 14, 2014
- Western Consumer Bankruptcy Conference
    Jan. 20, 2014 | Las Vegas, Nev.
- abiLIVE "Back To Basics" Webinar- Financial Documents as Evidence
    Jan. 21, 2014
- Rocky Mountain Bankruptcy Conference
    Jan. 23-24, 2014 | Denver, Colo.
- abiLIVE "Back To Basics" Webinar- Hedge Funds
    Jan. 21, 2014

February
- Caribbean Insolvency Symposium
    Feb. 6-8, 2014 | San Juan, P.R.
- VALCON14
    Feb. 26-28, 2014 | Las Vegas, Nev.

March
- Bankruptcy Battleground West
    March 11, 2014 | Los Angeles, Calif.
- Alexander L. Paskay Memorial
Bankruptcy Seminar
    March 13-15, 2014 | Tampa, Fla.

April
- Annual Spring Meeting
    April 24-27, 2014 | Washington, D.C.

ANALYSIS: CRITICS OF DETROIT'S BANKRUPTCY HAVEN'T OFFERED UP ALTERNATIVES

Objections to Detroit’s historic chapter 9 bankruptcy have been coming from the usual suspects. But none of them offers to change the fundamental reality facing America’s poorest major city, according to an analysis in The Detroit News on Tuesday. They can’t. Detroit’s government is insolvent and managerially spent, facts unaltered by complaints that Emergency Manager Kevyn Orr and his team failed to bargain in good faith. One month into the largest municipal bankruptcy in American history, it is clear that this won’t be a quick-rinse job akin to the General Motors Corp. or Chrysler LLC bankruptcies — but it is moving along nonetheless. The precedent-setting legal fight’s outcome could have a profound impact on unions, pension funds and the municipal finance market. The stakes are enormous, and financial creditors, unions, pension funds, retirees and ordinary citizens are objecting to Detroit’s bankruptcy filing because there are few opportunities otherwise to do so. Should U.S. Bankruptcy Judge Steven Rhodes accept the objections following an eligibility trial scheduled to begin Oct. 23, Orr, the city and their sponsors in Lansing would be back at square one with no Plan B. But experts say that Detroit’s case is progressing relatively rapidly. "For a case of this size — think about how complex it is — it’s moving quickly," says Douglas Bernstein, managing partner of Plunkett Cooney’s banking, bankruptcy and creditors’ rights practice group in Bloomfield Hills, Mich. Judge Rhodes is "way quicker than any of the others" in Alabama, California and Rhode Island, "and he’s got the biggest case of them all," Bernstein said. Click here to read the full analysis.

INVESTORS ARE SELLING MUNICIPAL BONDS AGAIN

Municipal bonds usually don’t get much attention unless something’s wrong, but they’re getting attention now, the Associated Press reported today. Investors have been running away from bonds issued by state and local governments for several months, even though they offer tax-free income. The worries began when interest rates started to rise in the spring and heightened after Detroit became the biggest city in the country ever to file for bankruptcy. The selloff is reminiscent of one that smacked municipal bonds in late 2010 and early 2011, following a prediction that a wave of defaults would hit the market. But now, like then, managers of municipal-bond mutual funds say that the worries have created a buying opportunity. Investors who bought in late 2010 did well: The average intermediate-term municipal bond fund returned 9 percent in 2011. Managers say such big gains aren’t likely this year, but long-term municipal bonds can offer tax-free yields of 5 percent and have the potential to increase in price if interest rates don’t take off, says John Miller, co-head of global fixed income for Nuveen Investments. Nearly every municipal bond mutual fund has lost money over the last three months. For a rebound in the municipal bond market to happen, it needs to snap out of the self-feeding selling cycle that has overtaken it. Click here to read the full article.

BANKRUPTCY, EVEN FOR DETROIT, COMES WITH A COST

As if Detroit doesn’t have enough money problems, now the cash-strapped city faces a huge bill from its bankruptcy lawyers — which, according to a Marketplace.org report today, begs the question: Is bankruptcy worth it? For example, Lehman Brothers’s bankruptcy fees topped $2 billion. "It can get very expensive," says Prof. David Skeel of the University of Pennsylvania. He says plenty of bankruptcies cost millions of dollars these days. One reason is that no one wants to speak up. "Nobody that’s in the case wants to rat on somebody else and say, ‘Your fees are way too high,’" he says. Over the past 10 years, Skeel says more companies have decided to fold rather than deal with bankruptcy costs. But there’s also more oversight now, especially since the Department of Justice updated its fee guidelines to make bankruptcy fees more transparent. "I’ll call up the professional and say, ‘Tell me why you made this choice,’" says Prof. Nancy Rapoport of the University of Nevada, Las Vegas, who has been a fee examiner. "Sometimes it’s a great choice. Sometimes we talk about a reduction in fees." Oversight, she says, is essential. "If reasonable fees aren’t being charged, then something is wrong with the system," she says. Click here to read the full article.

In related news, ABI held a webinar on Tuesday about the new U.S. Trustee Fee Guidelines, which will affect all attorneys and firms who work on larger chapter 11 cases filed on or after Nov. 1. Presented by ABI’s Ethics & Professional Compensation Committee, a panel of experts, including Clifford J. White, the director of the U.S. Trustee Program, discussed some of the ways that the new guidelines could change day-to-day operations in firms, issues relating to the new market rate benchmarks, and how these changes might alter insolvency practice. Click here to download a recording of the webinar.

CREDIT CARD DEBT IS FALLING, BUT STILL VERY HIGH

Consumer credit card debt in the U.S. has been edging down in recent years after peaking in July 2008 at $1 trillion (about the size of Mexico's annual GDP), IB Times reported yesterday. According to data from the Federal Reserve, as of July 2013 the average indebted household in the U.S. carries average credit card debt of $15,325, although that figure is somewhat skewed by a small number of extraordinarily debt-stricken families and couples. But that average credit card balance pales in comparison with average mortgage debt ($147,924) and average student loan debt ($32,041). On the whole, American consumers currently owe an aggregate of $856.5 billion in credit card debt. This figure has been falling since the height of the global financial crisis — not just because some debtors are paying off their balances, but also due to rising defaults as credit card companies and banks simply wrote off seriously delinquent debts, a phenomenon that coincided with soaring unemployment and personal bankruptcies. Thus, credit card balances are falling for both good and bad reasons. "Overall, consumers have been much more cautious about spending on credit since the recession; they discovered what overleveraging can do when the economy is struggling," said Leslie Levesque, U.S. economist at IHS Global Insight. Click here to read the full article.

BILL ON BANKRUPTCY VIDEO: AFSCME SAYS BANKRUPTCY LAW UNCONSTITUTIONAL

The AFSCME labor union is opposing the Detroit bankruptcy by contending that the entire municipal bankruptcy scheme violates the U.S. Constitution, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss in their new video. Again this week, Rochelle and Pacchia cover the American Airlines bankruptcy, this time focusing on whether parent AMR Corp. can persuade the bankruptcy judge to approve the reorganization plan before there's resolution to the government's antitrust suit. Rochelle also mentions the newest statistics showing no increase in business for bankruptcy professionals. The video ends with discussion of an important new decision from the U.S. Eleventh Circuit Court of Appeals in Atlanta adopting a new theory for taking assets outside of a bankrupt estate. Click here to watch the video.

ABI GOLF TOUR UNDERWAY; LAST STOP FOR 2013 IS WINTER LEADERSHIP CONFERENCE IN DECEMBER

The 7th and final stop for the 2013 ABI Golf Tour is on Dec. 5 at the Trump National Golf Club, held in conjunction with ABI’s Winter Leadership Conference. Final scoring to win the Great American Cup — sponsored by Great American Group — is based on your top three scores from the seven ABI events. See the Tour page for details and course descriptions. The ABI Golf Tour combines networking with fun competition, as golfers "play their own ball." Including your handicap means everyone has an equal chance to compete for the glory of being crowned ABI's top golfer of 2013! A 22-handicapper won the tour event at July’s Southeast Bankruptcy Workshop. There's no charge to register or participate in the Tour.

ABI IN-DEPTH

ABI’S VOLO PROJECT POSTS 1,000TH CIRCUIT COURT OPINION: PATRIOT COAL CORP. V. PEABODY HOLDING CO. (IN RE PATRIOT COAL CORP.; 8TH CIR.)

ABI now hosts more than 1,000 circuit court opinion summaries on its circuit court first-responder site, volo.abi.org. Appellate opinions are summarized within 24 hours of being issued and are then posted by a team of editors, led by Scott F. Gautier (Peitzman Weg LLP; Los Angeles). Opinion summaries also include links to the full text of each opinion.

Reversing the decision of the bankruptcy court, in Patriot Coal Corp. v. Peabody Holding Co. (In re Patriot Coal Corp.), Case No. 13-6031 (B.A.P. 8th Cir. Aug. 21, 2013), the Eighth Circuit Bankruptcy Appellate Panel held that Peabody Holding must continue to pay health care benefits for certain retired miners and dependents who worked for Heritage Coal Co., a Peabody subsidiary that was transferred to Patriot Coal in 2007.

Click here regularly to view the latest case summaries on ABI’s Volo website.

NEW ON ABI’S BANKRUPTCY BLOG EXCHANGE: TAX REFORM PROPOSAL BACKS CREDIT UNIONS INTO A CORNER

The Bankruptcy Blog Exchange is a free ABI service that tracks 35 bankruptcy-related blogs. A recent blog post explains how credit unions’ advocating to keep their tax-exempt status alive merely pass tax increases along to American businesses.

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

ABI Quick Poll

A class of claims should not be considered impaired for purposes of § 1129(a)(10) if the impairment results from the plan proponents' exercise of discretion (i.e., artificial impairment) and not driven by economic need. (In re Village at Camp Bowie I LP).

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

INSOL INTERNATIONAL

INSOL International is a worldwide federation of national associations for accountants and lawyers who specialize in turnaround and insolvency. There are currently 43 member associations worldwide with more than 9,000 professionals participating as members of INSOL International. As a member association of INSOL, ABI's members receive a discounted subscription rate. See ABI's enrollment page for details.

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2013

August
- Southwest Bankruptcy Conference
    August 22-24, 2013 | Incline Village, Nev.

September
- ABI Endowment Golf & Tennis Outing
    Sept. 10, 2013 | Maplewood, N.J.
- ABI Endowment Baseball Game
    Sept. 12, 2013 | Baltimore, Md.
- Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization
    Sept. 18-19, 2013 | New York
- abiLIVE Webinar: Complex Requirements and Ethical Duties of Representing Consumer Debtors
     Sept. 24, 2013
- Bankruptcy 2013: Views from the Bench
    Sept. 27, 2013 | Washington, D.C.

October
- Midwestern Bankruptcy Institute Program and Midwestern Consumer Forum
    Oct. 4, 2013 | Kansas City, Mo.
- Professional Development Program
    Oct. 11, 2013 | New York, N.Y.

- Chicago Consumer Bankruptcy Conference
    Oct. 14, 2013 | Chicago, Ill.
- International Insolvency & Restructuring Symposium
    Oct. 25, 2013 | Berlin, Germany

November
- Complex Financial Restructuring Program
   Nov. 7, 2013 | Philadelphia, Pa.
- Corporate Restructuring Competition
   Nov. 7-8, 2013 | Philadelphia, Pa.
- Austin Advanced Consumer Bankruptcy Practice Institute
   Nov. 10-12, 2013 | Austin, Texas
- Detroit Consumer Bankruptcy Conference
   Nov. 11, 2013 | Detroit, Mich.
- Delaware Views from the Bench
   Nov. 25, 2013 | Wilmington, Del.

December
- Winter Leadership Conference
    Dec. 5-7, 2013 | Rancho Palos Verdes, Calif.
- ABI/St. John’s Bankruptcy Mediation Training
    Dec. 8-12, 2013 | New York