Jefferson County, Lehman, Syms, Real Mex, Blitz: Bankruptcy
(This report contains items about companies both in bankruptcy and not in bankruptcy. Adds Jefferson County as first item, updates Lehman, and adds MF Global and Beacon Power in Updates, William Lyon Homes in Exchange Offer News and Cemex in Downgrade.)
Nov. 10 (Bloomberg) -- Jefferson County, Alabama, filed a Chapter 9 bankruptcy petition, commencing the country's all-time largest municipal debt adjustment proceeding.
The county has $4.23 billion in long-term debt, including non-recourse debt payable only from specified revenues, according to court papers filed yesterday in U.S. Bankruptcy Court in Birmingham, Alabama.
The county blamed the bankruptcy on the “intransigence” of some creditors, the default on $3.1 billion in non-recourse sewer bonds, and the Alabama Legislature's failure to replace $75 million in annual revenue that was lost when a state court voided an occupation tax.
The default on the sewer bonds was the “principal precipitating cause,” according to a court filing.
The county, home to Birmingham, Alabama's largest city, laid out its three-year economic travail in a 76-page memorandum filed with the Chapter 9 petition. The memorandum explains how, in the county's view, many of its financial ills stem from fraud accompanying the sale of the sewer bonds. An affiliate of JPMorgan Chase & Co. paid $75 million and waived a $647 million swap termination fee in the wake of the controversy, the county said in the papers.
The county said it intends to use Chapter 9 to continue a fraud action in state court against New York-based JPMorgan relating to the sale of the sewer bonds.
The county said it also will use Chapter 9 to value the sewer system, whose revenue is the only source to pay the defaulted sewer bonds. The valuation, according to the county, will determine how much bondholders are entitled to receive through Chapter 9.
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One common yardstick of a bank's health is the so-called "Texas Ratio," which compares non-performing assets with capital and reserves set aside to cover loan losses. Any bank with a Texas Ratio above 100 per cent is considered at risk.
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