Creditor Corner

The ultimate weekly source for great financial and restructuring news affecting creditor rights specifically curated for you

Weekly News – July 31


Private Credit league tables out, Trinseo double-dip coming to a head, "unwinding" the drop down; the new Reverse LME?, Ergen Mexican standoff, Scott Goodwin on the markets, and much, much more...

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?In this Week's Creditor Corner

Private Credit league tables out, Trinseo double-dip coming to a head, "unwinding" the drop down; the new Reverse LME?, Ergen Mexican standoff, Scott Goodwin on the markets, and much, much more...


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Bruce Richards on the Markets

No Rate Change, Yet Big Changes Ahead

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It's That Time of the Half Again!

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So Much for Peace in the Land...

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The Great Unwind

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Our take:

US Renal Care's 2023 LME stripped collateral from existing lenders. Its 2026 refinancing proposes giving it back. Asset strips are typically one-way doors; this may be one of the first examples of a sponsor choosing détente over continued offense.

With a term loan that traded in the mid-90s now quoted near 98 and an S&P upgrade of two notches to B-, the company can afford to be conciliatory. The more interesting question is whether this marks the beginning of a broader trend—the Great Unwind, a Reverse LME, or something else—or whether it's simply a one-off by a borrower whose improved performance has rendered the LME playbook unnecessary.

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Ergen in Mexican standoff

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Our take:

Ergen proposes to pay the DBS bondholders in full through bankruptcy while leaving Wireless operational creditors like Crown Castle fighting over liquidation value and Hughes creditors still waiting to see where they stand.

Mexcan standoff, anyone?

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No Rest for the Remanded

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What does Judge Lopez's Serta opinion mean for Chapter 11s moving forward?

In this analysis, 9fin's bankruptcy legal analyst Lara Sheikh explores how the litigation arrived before Judge Lopez, the varying definitions of "payment", Del Monte's DIP roll-up as the closest live test, and practical consequences for pending CH11 cases. 

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Scott Goodwin on the markets via X

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No Rate Change, Yet Big Changes Ahead:

The Fed meeting that begins today will likely result in no policy rate change announced tomorrow; however, significant changes are coming to the Federal Reserve.

Fed Chairman Kevin Warsh has assembled five task forces of high-powered thought leaders from former central bankers, top academics, business executives, and investors to examine some of the most important aspects of how the Fed operates: Communications, Balance Sheet Policy, Data, Productivity and Jobs, and Inflation Framework.

Warsh is not looking to make incremental changes; he is challenging some of the fundamental assumptions that have shaped monetary policy since the GFC, and generations prior.

Communications: Warsh has argued that the Fed should provide less forward guidance, which allows maximum flexibility. With fewer words, the dot plot will come to an abrupt end, as this is an experiment that proved to be highly ineffective. The dot plot is the antithesis of what Warsh plans to communicate to markets.

Balance Sheet: Warsh has been a longstanding critic of QE and the Fed's enormous balance sheet. While the task force will likely determine that wholesale reversal will be difficult, we should expect this re-examination to limit its use going forward printing money is inflationary and poor policy, other than the most extreme case.

Productivity and Jobs: Warsh has described AI as "structurally disinflationary," and I agree with the long-term thesis. AI should drive enormous productivity gains and lower the cost of producing goods and services. This task force will prove consequential as it evaluates structural change of employment and inflation. I agree with Chair Walsh's assessment, however in the short-term the AI buildout is inflationary for segments of the economy such as the cost of data centers, electricity generation, gas turbines, transformers, chips, memory and networking equipment; while the long-term impact should be deflationary as productivity accelerates and technology reduces costs. The challenge is that monetary policy operates in the present, while the productivity benefits of AI may take years to fully materialize.

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@bruce_markets

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The State of Distress, Midyear Edition

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Blockers Get Their Due

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The Data Download

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.

We took a deep dive to see what is driving up the daily cost of restructurings and the culprit: Increasing Legal Hourly Rates. We analyzed final fee apps for top debtor law firms from 2018 to 2024 and found average hourly legal fees have increased by over 65% since 2018. Maybe a little bit of sunlight is the right disinfectant to help remedy the problem....

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