Sovereign Debt

The IMF is Not/Not - NOT- Reviving Its Sovereign Bankruptcy Proposal

05/24/13

For all the hopers, dreamers, and scaredy-cats out there--Relax. The long-awaited IMF overview paper on sovereign debt restructuring is here, the first since 2005.

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Harry's Here! -- Everyone Wants a Piece of NML's Pari Passu Pie

04/24/13

Just two sunny weekend days after NML et al. filed their rejection of Argentina's offer, a new batch of defaulted bond holders have come to ask the court for their piece of Argentina's pari passu distribution.

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Pay Dick, Ditch Harry: More on 'Ratable Payment' and Its Implications

04/22/13

Creditors owed identical amounts under identical defaulted Argentine bonds, including identical pari passu clauses, could get very different recoveries under the plaintiffs' theory of ratable payment--unless all such creditors are corralled into a mandatory class action that divvies up Argentina's surplus among them under equitable supervision of the courts.

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NML et al Decline Argentina's Offer ... and Ratable, Elaborated

04/22/13

Surprise, surprise -- NML and colleagues would just as soon pass on Argentina's offer of 2010 restructuring terms. Plaintiffs' submission (ahead of schedule) is full of the sort of language I love to learn in this case and deploy on disobedient children: "plainly believes rule of law does not apply to it ... predictably and characteristically defiant ... fails completely ... astoundingly ... has the temerity to claim ...

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Italy's Pari Passu Scrubbing

04/17/13

Italy does not do things half-way. Of all the pari passu clauses on the planet, it had the one that most definitely, unambiguously, no-two-ways-about-it promised ratable payment to its bondholders. In English. Just search for "ratably" here. This got Italy some bloggy grief.

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More Pari Passu Judging Puzzles

04/03/13

I find recent court action in NML v. Argentina much more intriguing than Argentina's proposal last Friday to reopen its 2010 debt exchange.

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Me Too

03/21/13

Some thoughts on Cyprus, over at Dealb%k.

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Banks, Governments and Cyprus

03/19/13

A key point is at risk of getting buried in all the din surrounding Cyprus's deposit levy (apparently poised for parliamentary defeat). To me it comes through most clearly in the latest from the tornado-chasing (or front-running?) duo, Lee Buchheit and Mitu Gulati. 

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Cyprus: Is the Precedent Worth $7.25B?

03/18/13

Stepping back from the Cyprus bail-in, I'm wondering if it is penny-wise, pound-foolish. The depositor tax is only supposed to raise about $7.25 billion (5.8 billion Euros).  Given the risks created by a bailout being rejected and the risk of runs created in other countries, does it really make sense to demand the depositor tax?  $7.25 billion seems like a really cheap price for avoiding the problems that the Cyprus depositor tax is making. Indeed, in the big picture, the whole Cyprus bailout package is only around $23 billion.

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Cyprus as Precedent: Will There Be Bank Runs Elsewhere?

03/16/13

Anyone want to take bets on whether there will be runs on Italian, Spanish, and Portugese deposits? That's my bet. I'm not sure that we'll see small retail depositor runs, but I would predict that high dollar deposits in all of those countries will start flowing abroad very fast before any capital controls can catch up with them. And that will push up borrowing costs for those banks if they want to retain high-dollar deposits.

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