by Les » Tue, 28 Jul 2009 11:52:42 GMT
Why take on more debt, if the money is already in the general fund?
So we can go bankrupt just like the other cities do?
Let's get back in a fiscal emergency. That was fun.
Reuters
ANALYSIS-Fiscal woes to spur US muni defaults, bankruptcy
07.23.09, 3:20 PM ET
United States -
By Karen Pierog
CHICAGO (Reuters) - The economic recession, after severely depleting the budgets of U.S. states, local governments and school districts, may now push more municipal bond issuers down a rarely traveled path to debt default or even bankruptcy court.
"It's going to be probably the most we've ever seen since the Depression," said Richard Ciccarone, managing director and chief research officer at McDonell Investment Management in Oak Brook, Illinois, referring to both municipal bankruptcy, which only some states permit, as well as bond defaults.
The amount of defaults in the $2.7 trillion municipal market has jumped to levels not seen since the Washington Public Power Supply System defaulted on $2.2 billion of debt in 1982, according to Richard Lehmann, editor of Distressed Debt Securities Newsletter.
Defaults in 2008 zoomed up to nearly $7.77 billion in 150 issues from only $349 million in 31 issues in 2007. So far this year, 107 issues totaling $3.15 billion have defaulted, according to the newsletter.
The municipal bond market is usually regarded as a safer investment haven than for example the corporate debt market, where defaults, which topped $159 billion last year, stood at nearly $57 billion at the end of the second quarter of 2009.
"We're rising at a pretty good pace this year," Lehmann said, regarding muni defaults. He added that general obligation bonds, backed by the full faith and credit of the issuer, may be in more jeopardy than revenue bonds as the general funds of municipalities, schools and other issuers run dry due to recession and other factors such as reductions of federal and state aid to municipalities.
Meanwhile, Chapter 9 bankruptcy filings have been relatively infrequent with only 186 filings between 1980 and May 2008, with municipal utilities and special districts involved in most of the cases, according to data from Chapman and Cutler bankruptcy law expert James Spiotto. The biggest was Orange County, California, the sixth largest U.S. county by population, which filed for bankruptcy in 1994.
Chapter 9 is that section of the Bankruptcy Code providing for reorganization of municipalities, including cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts,
Increasing financial problems and a resort to Chapter 9's protection are likely to emerge in California, where a deal to fill a $26.3 billion state budget gap involved taking billions of dollars from local governments and schools, according to Lehmann.
That could lead other muni issuers in the state to join Vallejo, the biggest California city to file for Chapter 9, in bankruptcy court.
The potential for bankruptcy has also emerged in other parts of the U.S., most notably in Jefferson County, Alabama, which has kept a Chapter 9 filing as a viable option as it attempts to deal with $3.2 billion of sewer debt and associated swap costs, The county has been in default on some of its debt but has not been pressed by creditors for full and immediate payment in hopes that a negotiated settlement can be reached. The county currently faces a lack of cash to cover normal county services.
Facing a $259.5 million deficit, the Detroit Public Schools has been actively exploring a bankruptcy filing. Earlier this year, Michigan Governor Jennifer Granholm appointed an emergency financial manager to oversee the school district's finances.
In a recent survey by AlixPartners LLP, a global business advisory firm, 38 percent of bankruptcy and restructuring experts listed municipalities as a group likely to see "a surprising amount of restructuring" in the year ahead.
Spiotto at Chapman and Cutler said he has seen an increase in inquiries about Chapter 9 bankruptcy.
"The last resort is Chapter 9 and default," he said. "Once you default you've got a stigma on you."
Ciccarone said one way to help municipal issuers avoid defaults and potential bankruptcy would be for the U.S. government to loosen up restrictions on the frequency of bond refundings to allow issuers to restructure their debt to delay debt service payments.
(Additional reporting by Michael Connor in Miami) (Editing by Theodore d'Afflisio)