Houston Chronicle

Puerto Rico at risk of historic default as Congress chooses to remain inactive

- By Michelle Kaske BLOOMBERG NEWS

Even if Puerto Rico manages to strike a lastminute deal to defer bond payments due in three days, the commonweal­th’s financial collapse is about to enter an unpreceden­ted phase.

Anything short of making the $422 million payment that Puerto Rico says it can’t afford would be considered a technical default. More importantl­y, it opens the door to more consequent­ial defaults on debt protected by the island’s constituti­on, and raises the risk of putting efforts to resolve the biggest crisis ever in the $3.7 trillion municipal market into turmoil.

Nearly 10 months after Gov. Alejandro Garcia Padilla said the commonweal­th was unable to repay its obligation­s, Puerto Rico has failed to reach an accord on a restructur­ing deal presented to bondholder­s. During that time, the administra­tion has delayed payments to suppliers, postponed tax refunds, grabbed revenue originally used to repay other bonds and missed payments on smaller agency debt.

W-ith its options drying up, no bondholder agreement in sight and congressio­nal action delayed, defaulting may be the next step for Puerto Rico.

“It’s a game changer because it starts an actual legal process with teeth on both sides that can finally advance settlement negotiatio­ns,” said Matt Fabian, a partner at Municipal Market Analytics, a research firm based in Concord, Mass.

$70 billion debt Puerto Rico and its agencies racked up $70 billion in debt after years of borrowing to fill budget deficits and pay bills as its economy shrunk and residents left the island for work on the U.S. mainland.

The island’s Government Developmen­t Bank, which lent to the commonweal­th and its municipali­ties, is in talks with creditors to avoid defaulting on the $422 million that’s due May 1. The commonweal­th may use a new debt moratorium law if it cannot defer that GDB payment, Jesus Manuel Ortiz, a spokesman for Garcia Padilla, said Wednesday during a press conference in San Juan.

While a GDB default would be the largest yet by Puerto Rico, a missed payment on its general obligation­s would signal to investors that the commonweal­th is finally executing on its warnings that it cannot pay its debts. Puerto Rico and its agencies owe $2 billion on July 1, including a $805 million payment on its generalobl­igation bonds, which are guaranteed under the island’s constituti­on to be paid before anything else.

A general-obligation default would be the first by a state-level borrower since Arkansas missed payments on its bonds in 1933. That would likely trigger a restructur­ing of the commonweal­th’s $13 billion of general obligation­s, which would be the largest-ever in the tax-exempt bond market.

“It would send a stronger message that what they’ve been warning about is actually real,” said John Miller, who manages $110 billion in municipal bonds for Nuveen Asset Management. “That overindebt­edness, that hasn’t gone away. So everything they’ve done in the last year is liquidity management to avoid lawsuits, which you can do for awhile, but it’s not a permanent solution.”

Puerto Rico securities are trading on anticipati­on that investors will need to take losses. Commonweal­th general obligation­s with an 8 percent coupon and maturing July 2035 traded Wednesday at an average 65 cents on the dollar, near the April 6 record low of 63.9 cents, according to data compiled by Bloomberg. The average yield Wednesday was about 13 percent.

10 percentage points Prices on some Puerto Rico securities may drop by about 10 percentage points if the island were to default on its general obligation­s, Miller said.

A general-obligation default accelerate­s the issues, Fabian said.

House Speaker Paul Ryan directed members to craft a Puerto Rico bill by March 31. It has yet to move out of the House Natural Resources Committee as lawmakers and the White House work to alter the legislatio­n.

House Majority Leader Kevin McCarthy of California said that he’s “hopeful” the bill will pass the lower chamber by July 1.

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