Weekly News – July 26

AMC, AMC, AMC! Legal fees killin’ BK (still), SDNY is its own worse enemy, more retail restructuring, Congress takes on the Texas Two-Step, and much, much more… ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­  

Creditor Corner

for the week ended July 26, 2024

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BREAKING NEWS

AMC, AMC, AMC! Legal fees killin’ BK (still), SDNY is its own worse enemy, more retail restructuring, Congress takes on the Texas Two-Step, and much, much more…


FEATURED CONTENT

Bruce Richards on the Markets:

28:1 = substantial write downs for CMBS


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Tweet of the Week

AMC goes from MEME to LME…

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AMC uses kinder, gentler LME structure

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What we’re reading

Petition’s deep dive into AMC

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Legal fees be killin’ bankruptcy

Steve Zelin on legal fees

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who be killin’ the SDNY?

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Our take:

Will this make the SDNY an even more undesirable destination for management/ insiders unwilling to take the risk?? 

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A sign of a new trend in retailing??

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nope…

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a first: threatening an LME against hung bank-syndicate

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Our take:

Maybe exposing syndicate desks to the risks of negotiating loose docs “on behalf of” unwitting investors will have some positive long-term consequence?

Featured Content

28:1 = substantial write downs for CMBS


28 to 1 is the ratio of downgrades to upgrades last week in the CMBS market, a staggering number by any measure. 5 tranches within 1 CMBS deal was upgraded, while 28 deals comprised of 139 tranches were downgraded by credit rating agencies. The saying location, location, location has less relevance today than it had in the past as financial conditions for real estate has been squeezed given higher cap rates and lower prices.


500 5th Avenue, a 727K sq. ft. Manhattan office building is >80% occupancy rate, strong tenant roster, robust debt coverage of 2.86x DSCR, according to Trepp. The $200M loan backing this building has just been assigned to special servicer; the owner recently decided not to make its interest payment despite having the ability as the sponsor is a foreign owner that decided their unable to roll the loan that is held in a CMBS deal, according to a recent report.


SASB deals (single asset-single borrower) in/near default represent 8.7% of the market, a 3x increase since the Fed began raising rates. According to a bank broker-dealer there are 10 SASB AAA bonds that may take a principal loss. Banks hold the largest percentage of CRE loans – over 50% and regulators are concerned, who are now pushing banks to lend more conservatively in the future, which is causing a credit crunch. Maturing loans will often require the owner to write an equity check that reflects the lower property value and the simple fact that the bank lender will want to lend at a more conservative LTV. Private capital will help fill this valuation/LTV gap and that is a healthy development for property owners.


Marathon Asset Management is “open for business.” While I believe valuations have bottomed for the overall marketplace, each asset is unique with its own characteristics, and despite the valuation lows having been established, there remains a mind-blowing number of properties that will require amendments, extensions, workout, and new money solutions in the coming years. Marathon is actively lending to strong sponsors on attractive assets.


There is value in the CMBS market, but one should be vigilant given uncertainty and sheer number of loans that will move to special servicer as the year progresses impairing value for CMBS investors.


CrediQ analysis of properties considered stressed/distressed that were re-appraised in 2023 is shown below in this bar chart. This bar chart captures loans defined as delinquent/with special servicer and shows that the average property in this cohort declined in value by -43%. Rates were artificially low = CRE valuations were artificially high = borrowers took on too much debt. Lending standards have been re-set, so this is a healthy correction, representing a great time to be a lender, earning an attractive risk-adjusted return; despite the pain many CRE owner-operators are experiencing. It was too easy for CRE owners during ZIRP, that was the unfortunate trap.


To follow Bruce’s thoughts on the markets, investing and more, follow

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In the News

Texas Two Step under fire…

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the next shoe to drop: to allow debtors the flexibiltiy of an opt-out provision or require an opt-in provision to protect creditors’ due process rights


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Our take:

Court rules that creditors are required to opt-into a third party release post-Purdue (at least in the creditor-friendly Middle District of Florida…). Let’s see what SDNY, Del & SDTX have to say on the issue…

Data Download

goldilocks??

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Data Download

yet consumers feelign a lot of strain….

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Upcoming Events

INSOL: Private Credit (Singapore)

August 26, 2024

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INSOL: Singapore Meeting

August 27, 2024

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NCBJ: Annual Meeting

September 18-20, 2024

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Save the Date: 

The Creditor Rigths Coalition 

together with Cooley and Kobre Kim bring you an indepth discussion of:

Incora & its Implications

Emerging Retention and Independent Director Issues

The “Day After”: Third Party Releases after Purdue


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September 10, 2024

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IMN: Distressed CRE Forum

September 19, 2024

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September 24, 2024

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GRR: Restructuring in the Americas

October 15, 2024

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The views of our Contributors should not be attributed to their respective firms or the Creditor Rights Coalition. In addition, the Coalition may take positions as part of its Advocacy efforts that do not necessarily reflect the view of Contributors and should not be attributed to any Contributor.

Announcing New Data Initiative to Analyze Bankruptcy Costs

Bringing Transparency to the Bankruptcy Process

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Our Take:

The Daily Cost of BK Legal fees Are Increasing.

Are we shocked? No.

Our proprietary analysis supports anecdotal evidence that bankruptcy has gotten more expensive. We will be providing additional analysis in the future to show how other factors affects fees. We hope our database will help make bankruptcy a more efficient forum for all stakeholders.

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Implications of the Purdue Pharma case

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Recent disqualification decisions and conflicts in BK

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Where we are in the credit cycle

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