Each business day HedgeCo.Net keeps you informed with the top hedge fund industry news, opinion and insight from around the globe. From the latest hedge fund launches, to the impact of regulation, competition, and investor activism - we track the topics and people that make a difference to you.
ninemsn – Administrators for the main European unit of bankrupt US investment bank Lehman Brothers Holding Inc have revealed plans to return frozen hedge fund assets to creditors.
This could start as early as next year.
PricewaterhouseCoopers, Lehman Brothers International Europe’s administrator has applied to the British High Court to block any creditor claims for assets after the end of this year, PWC said on Wednesday
This could mean the administrator would start returning funds as early as the first quarter of 2010.
CNBC – The Obama administration has sent legislation to Congress that would bring hedge funds and other private pools of capital under government supervision.
The proposal calls for the Securities and Exchange Commission to oversee hedge, private equity and venture capital funds. By registering with the SEC, their books would be open to federal inspection and they would be subject to disclosure requirements to investors and creditors.
Independent – Hedge funds Apollo and Octavian have been quietly building up a position in ProSieben, one of Europe’s biggest commercial broadcasters. The move could lead to a showdown with private equity owners Permira, the Damon Buffini-run giant, and Kohlberg Kravis & Roberts (KKR). Lord Hollick, who was chief executive at former Daily Express owner United Business Media, represents KKR on the ProSieben board.
It is understood that Apollo and Permira have been buying the struggling German broadcaster’s debt on the cheap. Sources suggested that the pair had been paying only around 30cents for every euro of debt, allowing them to become, in effect, major creditors. "Apollo and Octavian have been buying up debt that is trading at distressed levels and I can see them taking on Permira and KKR over the direction of ProSieben," said a source.
Daily Territorial – A third offer to take copper miner Asarco out of Chapter 11 was filed last week in U.S. Bankruptcy Court in Corpus Christi, Texas, by New York City-based hedge-fund manager Harbinger Capital Partners.
The $500 million reorganization is competing for control of Asarco with plans offered by Sterlite Industries, based in Mumbai, India, and Asarco’s parent company, Grupo Mexico.
The plan from Harbinger Capital, one of Asarco’s largest bondholders, is less than half the other offers but the investment firm says its offer is better because the other two either lack sufficient support from creditors or won’t meet bankruptcy court standards.
Reuters – General Growth Properties Inc GGP.N, the second largest U.S. mall owner, on Thursday filed for bankruptcy protection on Thursday, making it one of the biggest real estate bankruptcies in U.S. history.
Ending months of speculation, the Chicago-based mall owner which listed total assets of $29.557 billion and total debts of $27.294 billion, sought Chapter 11 bankruptcy protection from creditors along with 158 of its more than 200 U.S. malls, while it seeks to restructure some of its debt.
CNNMoney.com – General Motors and Chrysler LLC have about a week or less before they find out if they’ll get the additional help they need from taxpayers, creditors and unions to avoid bankruptcy.
What they already know is that any assistance they receive won’t be given happily.
The two companies face a March 31 deadline to win concessions from bondholders and unions in order to prove to the Treasury Department that they can be viable in the long term. Without such a finding, the government can recall the $13.4 billion it has already lent to GM (GM, Fortune 500) and the $4 billion it loaned to Chrysler.
Few expect Treasury to take such a drastic step.Still, it’s clear that the automakers need more than the loans they already have received. Chrysler is on record as saying it needs as much as $5 billion in additional funds by March 31 to avoid being forced into bankruptcy.
Bloomberg – Stanford Group Co.’s court-appointed receiver and securities regulators asked a U.S. judge to deny requests by hundreds of investors to join the regulatory lawsuit at the heart of an $8 billion fraud investigation.
The receiver, Ralph Janvey, and the U.S. Securities and Exchange Commission yesterday filed papers in federal court in Dallas opposing the requests by more than 45 groups of investors and creditors who have asked permission to join the SEC’s suit against R. Allen Stanford.
“Allowing all the investors to intervene in the enforcement action would destroy any hope for an efficient distribution of assets,” Janvey said in a court filing late yesterday. He said he’s working “as quickly as possible to release more accounts through a certification process” designed to free all frozen funds not directly linked to the suspected fraud.
Most of the groups asking to join the SEC’s fraud case are investors whose brokerage accounts were frozen along with Stanford’s personal and corporate assets when regulators sued the Texas financier, two associates and three affiliated companies on Feb. 17. Stanford is suspected of orchestrating the fraud through the sale of high-yield certificates of deposit by Antigua-based Stanford International Bank.
Last week, Janvey won court approval to release $4.6 billion from about 28,000 frozen brokerage accounts. U.S. District Judge David Godbey extended the freeze on more than $1 billion in about 4,000 remaining Stanford accounts, most of which belong to Stanford employees or executives or are linked to investments issued by the Antiguan bank.
Reuters – General Motors Corp on Thursday said its auditors had raised "substantial doubt" about its ability to survive outside bankruptcy if it fails to stem its losses and stop burning cash.
The "going concern" warning from the struggling U.S. automaker had been expected, but underscored the stakes for GM as it seeks up to $30 billion in U.S. government aid to restructure outside a court-supervised bankruptcy process.
GM’s shares dropped 15 percent to $1.87 in premarket trading.
GM said its creditors had agreed to waive a requirement that could have allowed them to force the automaker to repay more than $6 billion in loans because of the warning in order to allow GM to press its case for government aid.
