Justice Department Files to Lift Argentine Defaulted Debt Injunction

Summary: Filing of a Justice Department brief seeks to lift the Argentine defaulted debt injunction that keeps all creditors unpaid and Argentina strapped for cash.

Amicus brief of the United States in support of Argentina filed March 23, 2016, in Aurelius Capital Master, Ltd., et. al., v. Republic of Argentina (U.S. Court of Appeals for the Second Circuit docket no. 16-628(L)): DealBook @dealbook via Twitter March 24, 2016

A United States Justice Department brief filed March 23, 2016, and a ruling issued Feb. 19, 2016, are asking the United States Court of Appeals to lift the Argentine defaulted debt injunction.

The United States Justice Department bases filing of the Amicus Curiae (Friend of the Court) brief upon lifting of the injunction being “in the public interest.” Impacts upon the nation can be considered since “The United States has significant foreign policy interests in support of a swift resolution of this long-running litigation.” The United States Justice Department deems vital the inauguration of 53rd President Macri since “Argentina has taken significant steps to normalize its relations with its creditors.”

Big hedge fund groups, exchange bondholders, individual bondholders and small funds in the United States emerge among creditors whom debt defaults in twenty-first-century Argentina left unpaid.

Filing against the Argentine defaulted debt injunction furnishes friendly beginnings to 44th U.S. President Barack Obama’s state visit to South America’s second-largest country after Brazil. It gives respectful reminders of Argentina’s early 20th-century reputation as the A team member, alongside Brazil and Chile, in South America’s success stories, the ABC powers. It has solid support to offer Argentina as the Republic struggles to access international financial institutions and international money markets after more than a decade-long hiatus.

The decade-long exclusion from international financial institutions and money markets inheres in debt defaults of $132 billion Dec. 23, 2001 and $20 billion July 30, 2014.

Decisions in 2001 to create “an Argentina without unemployment, without misery” over paying debt schedules joined inability in 2014 to make $539 million interest payments.

Two debt defaults in 12 1/2 years kept Argentina busy making payments on some bills, and missing them to others, through heavy reliance upon central bank reserves. Exchanges in January 2005 and during May and June 2010 left almost 93 percent of creditors with cheaper, newer bonds but exchange and holdout bondholders unpaid.

A clause in Argentine bonds issued before 2001 makes possible legal action by big hedge fund holdouts, described as such for rejecting the two restructuring offers. The clause pari passu (equal step) necessitates paying exchanges and holdouts, according to lawyers for Elliott Management Corporation, whose NML Capital, Limited, invests in sovereign debt.

The Argentine defaulted debt injunction offered among its results money market exclusions, non-payment of both holdout and restructured bondholders and poor Standard & Poor’s credit ratings.

February 2016's offers promise $100 million to Capital Market Financial; $1.35 billion to 50,000 Italian investors; $6.5 billion to EM Ltd. and Montreux Partners LP. An offer of $4.65 billion accepted by Aurelius, Bracebridge Capital, Davidson Kempner and NML Capital qualifies as the last of the big hedge fund holdouts.

Anticipated Argentine Senate approval March 30, 2016, of debt payment-related legislation and bond sales removes the last pre-conditions to lifting the Argentine defaulted debt injunction. Judges of the United States Court of Appeals for the Southern District of New York (Manhattan) currently stay (temporarily stop) lifting or not dropping the injunction.

Removing creditor-unfriendly legislation in the Republic of Argentina turns out to be far easier than ending legal suits and reversing legal processes in the United States.

44th U.S. President Barack Obama speaks at Argentine state dinner honoring first visit by POTUS since 1997 visit by 42nd U.S. President William "Bill" Clinton; President Obama says, "Al gran pueblo argentino, salud (Greeting to the great Argentine people];" 53rd Argentinian President Mauricio Macri says, "Es en el momento perfecto (It's perfect timing).": Mauricio Macri @mauriciomacri via Twitter March 23, 2016

Acknowledgment

My special thanks to talented artists and photographers/concerned organizations who make their fine images available on the internet.

Image credits:

Amicus brief of the United States in support of Argentina filed March 23, 2016, in Aurelius Capital Master, Ltd., et. al., v. Republic of Argentina (U.S. Court of Appeals for the Second Circuit docket no. 16-628(L)): DealBook @dealbook via Twitter March 24, 2016, @ https://twitter.com/dealbook/status/713061347945111552

Argentine state dinner for 44th U.S. President Barack Obama, First Lady Michelle Obama and their two daughters, Malia and Sasha: "'Al gran pueblo argentino, salud' @BarackObama.":  Mauricio Macri @mauriciomacri via Twitter March 23, 2016, @ https://twitter.com/mauriciomacri/status/712797273437126659

For further information:

DealBook @dealbook. 24 March 2016. "Hedge Funds Dealt Setback as U.S. Sides with Argentina." Twitter.
Available @ https://twitter.com/dealbook/status/713061347945111552

Krauss, Clifford. 24 December 2001. “Argentine Leader Declares Default on Billions in Debt.” The New York Times > Americas.
Available @ http://www.nytimes.com/2001/12/24/world/argentine-leader-declares-default-on-billions-in-debt.html

Marriner, Derdriu. 11 December 2015. "Argentine President Mauricio Macri Wins Presidential Office and Palace." Earth and Space News. Friday.
Available @ https://earth-and-space-news.blogspot.com/2015/12/argentine-president-mauricio-macri-wins.html

Marriner, Derdriu. 29 February 2016. "Holdouts Accept Argentine Defaulted Debt Settlements by Feb. 29, 2016." Earth and Space News. Monday.
Available @ https://earth-and-space-news.blogspot.com/2016/02/holdouts-accept-argentine-defaulted.html

Marriner, Derdriu. 24 March 2016. "President Barack Obama Visiting Bariloche Has Presidential Precedents." Earth and Space News. Thursday.
Available @ https://earth-and-space-news.blogspot.com/2016/03/president-barack-obama-visiting.html

Marriner, Derdriu. 19 February 2016. "Three Conditions to Lifting Argentine Defaulted Debt Injunction." Earth and Space News. Friday.
Available @ https://earth-and-space-news.blogspot.com/2016/02/three-conditions-to-lifting-argentine.html

Marriner, Derdriu. 1 March 2016. "Will All, None, Some Argentine Defaulted Debt Bondholders Get Paid?" Earth and Space News. Tuesday.
Available @ https://earth-and-space-news.blogspot.com/2016/03/will-all-none-some-argentine-defaulted.html

Mauricio Macri @mauriciomacri. 23 March 2016. "'Al gran pueblo argentino, salud' @BarackObama." Twitter.
Available @ https://twitter.com/mauriciomacri/status/712797273437126659

Stevenson, Alexandra. 24 March 2016. “Hedge Funds Dealt Setback as U.S. Sides with Argentina on Defaulted Bonds.” The New York Times > Business > DealBook.
Available @ http://www.nytimes.com/2016/03/25/business/dealbook/hedge-funds-dealt-setback-as-us-sides-with-argentina.html

Wigglesworth, Robin. 22 May 2013. “Wins by Hedge Funds Prompt Debate on Sovereign Restructuring.” Financial Times > World > Companies > Markets > Global Economy.
Available @ http://www.ft.com/intl/cms/s/0395b9a4-c302-11e2-bbbd-00144feab7de,Authorised=false.html