Weekly News – April 24

Expensive lawyers & cheap hallucinations, Rankings Out, Spirit take-over? Medallia PC lenders take the keys, and much, much more

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?In this Week’s Creditor Corner

Expensive lawyers & cheap hallucinations, Rankings Out, Spirit take-over? Medallia PC lenders take the keys, and much, much more

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In the news

expensive lawyers, cheap hallucinations

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Read the Letter Here

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Read all about it! Rankings Out!

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Scary time to be a DIP lender

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Our Take:

Will a bailout of Spirit Airlines change how markets price government support for distressed companies? Does this kind of backdrop encourage borrowers to keep swinging for the fences at creditors’ expense, hoping for a safety net to appear???

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Kirkland getting hired to nationalize Spirit

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the beginning of the end…

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Our Take:

14-point bid-ask spread on marks aside, the BSL market should take note of lenders willing to actually take the keys to own a distressed borrower. We have become too accustomed to kicking the can down the road to the inevitable bankruptcy leaving a drained out carcass of a company on life support. Maybe BSL lenders should learn to take the keys earlier rather than fight over the scraps later. 

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The Buzzword Industrial Complex at Work

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The Fine Print Always Wins

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Our Take:

?Xerox didn’t spill the ink — this was always written in plain sight. No matter how tight you think your docs are, it seems there’s always a way to game them. 


That said, we look forward to a wave of “Xerox blockers” clearing the market — more theater than fix, a tidy patch on a structural problem…as whack-a-mole continues…

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LMT Risk Hits the Foundation

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NANS = No Assets, No Security


NANS is the inverse of HALO (Hard Assets, Low Obsolescence). 


NANS has become the fastest growing component inside ABF portfolios.


NANS describes unsecured consumer lending programs such as Buy Now Pay Later, Student Loans, Personal Loans, and Credit Card receivables.


Private credit managers now hold over $200 billion of consumer unsecured exposure, representing more than a 100% jump in 5 years. No hard assets back these consumer loans, no lien against property, and no right for repossession. When a consumer loans defaults, loss severity is typically 75% to 95% of principal.


The TAM for consumer credit is large, the going-in yield is high, and access to this credit is not typically provided by banks since banks target high FICO score borrowers. The lower end of the market is therefore easy pickings for private credit managers running ABF programs.


Consumer data tells a mixed message where consumers with the strongest credit history are performing well, while those with weaker credit profiles are deteriorating. Credit card delinquency rates for non-bank, non-prime borrowers are ~15%, well above its historical average, on record balance for credit cards of $1.3 trillion. 41% of BNPL users report at least one late payment. Student loan DQ rates for non-prime graduates have soared to a record level of ~15% now that the payment holiday is over, and reporting has resumed. Consumer loans show an equally troubling pattern for non-bank, non-prime borrowers. 


ABF is able to capture this adverse selection process that do not pass the lending standards established by banks. Banks keep the top of the credit stack, prime borrowers with 700+ FICO scores, where underwriting standards are tight and credit worthiness is the main determent for securing financing. Private credit is increasingly funding the loans banks declined, subprime and near prime consumers under 680 FICO, at the exact moment household are feeling increased strain.


As you know, I strongly recommend ABL, not ABF;  Investment managers should ask these three key questions: 


1) What happens to loss rates under a downside macro scenario? 


? 2) Is the “extra yield” real return, or is it just early payment for credit losses that have not yet shown up? 


3) What is the better risk-reward, NANS or HALO?


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@bruce_markets

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The Data Download

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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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