Financial life in a big town

The euro fell to a four-month low as Spain

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A growing number of U.S. cities are choosing to fund essential services like public safety and garbage collection over making payments on their outstanding debt, as rising costs and falling revenue deplete their budgets.

So far, the bond defaults are not roiling the $3.7 trillion municipal market because insurance companies are stepping in to make payments to bond holders in some cases. But defaults on insured bonds are putting pressure on these insurers, which never fully recovered from the last decade’s financial crisis.

The California cities of Stockton and Hercules, as well as Pennsylvania’s capital, Harrisburg, have opted to default on some of their insured debt in recent months.

“Municipalities are saying this is what bond insurance is for - bond holders get paid,” said Richard Lehmann, publisher of Distressed Debt Securities Newsletter.

So far in 2012, there have been 21 muni defaults totaling $978 million, versus 28 defaults totaling $522 million for the same period in 2011, said Lehmann, who sees the number rising. A breakdown of defaults on insured munis was not available.

Although issuers contend they are not singling out insured munis for defaults, some believe that municipalities are strategically protecting bond buyers by relying on insurers to pay the debt service.

“Such a default may signal changing attitudes by distressed municipalities to contemplate a strategic default or bankruptcy on insured debt, knowing that bond holders will not suffer losses,” Moody’s Investors Service said in a report this week.

The credit rating agency added that municipal issuers “may be willing to damage their relationship” with insurers, which in turn could potentially be exposed to large losses.

CITY SERVICES TRUMP BOND-HOLDERS

Harrisburg’s state-appointed receiver said earlier this month that $5.3 million of payments due on general obligation bonds insured by Ambac Assurance Corp will be skipped.

“I was aware they were insured bonds when we made the decision,” David Unkovic, the receiver, told Reuters, adding that the city’s financial condition was more important than bond-holders.

“My first concern as receiver is to maintain vital and necessary service in the city,” he said. “In order to do that I need sufficient cash flows.”

The city of Stockton, nestled among the farms of California’s Central Valley, is defaulting on about $2 million in bond payments for debt sold in 2004, 2007 and 2009. Wells Fargo & Co is the trustee on each of the debt issues and has filed a lawsuit against Stockton for missing its February 28 payment on its $32.8 million of 2004 parking facilities debt, said bank spokeswoman Elise Wilkinson.

Hercules, which had considered bankruptcy, reached a settlement this month with Ambac after defaulting on a $2.4 million bond payment due in February.

Some of the companies are starting to feel the pressure. Syncora Guarantee Inc last month told a federal judge in Alabama that the prospect of it having to make good on millions of dollars a month in debt payments owed by bankrupt Jefferson County might sink the company.

In addition, the once-widespread use of insurance on new issuance has shrunk to a sliver of the muni market. After the financial crisis, so-called monoline insurers left the business, and the largest remaining insurer, Assured Guaranty, is scaling back, depending on states’ bankruptcy laws.

Insured bonds, which accounted for 57.3 percent of muni issuance in 2005, sank to only 5.5 percent of issuance in 2011, according to Thomson Reuters data cash advance today.

Insurers do not appear to perceive an immediate risk. “We don’t feel picked on,” said a senior executive at a bond insurer. “I’m not sure it’s correct to say issuers are deciding to default on insured bonds over uninsured ones. The market does not care whether a bond’s insured or not. The fact they defaulted is what the market remembers.” The executive, who spoke on condition of anonymity, said struggling issuers get no tangible benefit from skipping payments on an insured obligation over an uninsured one since any money must eventually be repaid to the insurer.

“It’s not a get-out-of-jail card,” the executive said.

THE FINANCIAL CRISIS LEGACY

There was a time when bond insurers confined themselves to the dull but steady business of underwriting municipal debt, effectively lending their superior credit ratings to cities and towns for a fee. The insurers branched out into structured financial products, which resulted in huge payouts when the credit crisis hit. One-time market leader MBIA chose to restructure, and its municipal National Public Finance business is no longer writing new policies, pending the outcome of a lawsuit filed by a number of banks challenging the restructuring. Ambac, once the second-largest U.S. bond insurer, went bankrupt in 2010, as did the parent of bond insurer FGIC. Syncora went through a major restructuring in 2009 and stopped writing new business as well. The carnage left one bond insurer standing, Assured Guaranty. On Tuesday Moody’s placed its ratings, including the A3 senior unsecured rating of Assured Guaranty US Holding and Assured Guaranty Municipal Holdings, on review for possible downgrade.

“Assured Guaranty’s business and financial profiles may have meaningfully deteriorated due to the firm’s narrower business opportunities and substantial exposure to sectors adversely affected by the financial crisis and current economic stress,” commented Moody’s Associate Managing Director Stanislas Rouyer in a statement.

The company has argued it can still effectively underwrite smaller municipalities with lower-tier ratings. Even so, it is threatening to pull out of some states without tight bankruptcy controls.

“This is weighing more heavily in our underwriting as we examine the legal framework for bankruptcy in every state that we insure municipal securities,” Assured said in a written reply to Reuters. “While some defaults have occurred on insured transactions, most have been on uninsured transactions.”

Assured Guaranty said it believes defaults will remain infrequent, saying its municipal portfolio has experienced “only modest loss development on a few isolated transactions.” As of the end of 2011, Assured Guaranty enhanced $15.2 billion of munis - a drop of 45.1 percent from 2010, when it was also the market’s sole active guarantor. Assured listed exposure to $3.9 billion of debt sold by non-investment grade issuers on its 2011 financial statements. It includes notorious names like Alabama’s Jefferson County sewer system, Harrisburg, Detroit, and Detroit Public Schools. Radian Group, which wrote bond insurance until 2008, said last September it was considering starting a new unit with dormant bond insurance assets it purchased from Macquarie Group. The Financial Times reported this week that Goldman, Sachs & Co has also been hiring for a bond insurance specialist.

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With little more than three months until the interest rates on federally subsidized student loans double, students are pushing lawmakers to help them out.

On July 1, the interest rate on federal subsidized loans will double to 6.8%. That means students taking out loans for the next school year will eventually dig deeper in their pockets to pay them off.

Quiz: What the rich really pay in taxes

Nearly 8 million students have subsidized student loans, which means the federal government subsidizes the interest rate for lower- and middle-income families based on financial need.

Without congressional help, students borrowing the maximum $23,000 in subsidized loans are poised to pay an extra $5,000 over a 10-year repayment period.

That’s why the consumer advocacy group U.S. Public Interest Research Group delivered 130,000 student petitions to lawmakers on Capitol Hill on Tuesday, asking Congress to stop the rates from doubling.

College degree = $650,000 more in earnings

"We’ve got 110 days to fix this problem," said Rep. Joe Courtney, a Connecticut Democrat, who is sponsoring a bill to extend current interest rates. "Middle class families, every single day, are struggling in terms of making sure their kids have a chance to succeed in life."

Subsidized student loan interest rates used to be 6.8%. But when Democrats took over the House in 2007, they passed phased-in cheaper rates for subsidized student loans. The rates fell to a current low of 3.4% for subsidized Stafford loans this past school year. The rates are scheduled to revert back to 6.8% for the 2012-2013 school year.

Student loans are a big deal. The Federal Reserve of New York last week reported that the $870 billion in student loan debt tops $693 billion in credit card debt and $730 billion car loan debt.

And with unemployment just below 24% for teenagers and 14% for those ages 20 to 24, more young people are going back to school or staying in school, according to new data by Equifax. Last year, new student loans grew by 4%, the firm reported Tuesday in its National Consumer Credit Trends Report.

Additionally more students struggle to pay back those loans. Student loan delinquencies involving payments more than three months late rose 14.6% in 2011 from the year before, according to Equifax.

President Obama urged lawmakers in his State of the Union address to stop this student loan rate hike from going into effect. But the deficit-conscious Congress has yet to act, especially since extending the 3.4% rate would cost $5.6 billion a year, according to FinAid.org.

While the president has focused on expanding access to college for low- and middle-income children, lawmakers have taken several steps to whittle away at student aid.

Congress has eliminated subsidized loans for graduate students, as well as most discounts. They also cut $8 billion out of the Pell Grant program for low-income students and reduced the income threshold for eligibility for a full Pell Grant.

The impending higher interest rates on subsidized Stafford loans worries Samantha Durdock, a sophomore at the University of Maryland in College Park, who currently has $8,000 in subsidized Stafford loans and expects to borrow another $15,000.

"Even though graduation is several years away, I am worried about the amount of debt I will have," Durdock said at the Capitol Hill event. "If interest rates double, the extra debt might also impact my ability to pay basic expenses like rent." 

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Chinese Internet giant Alibaba, which has been in the headlines lately for its tussles with stakeholder Yahoo, wants to take its publicly traded Web portal private.

Alibaba Group said Tuesday that it made an offer to Alibaba.com’s board of directors.

Alibaba Group owns about 73.5% of e-commerce leader Alibaba.com, which is the company’s only publicly traded subsidiary. Under the terms of the deal, Alibaba Group would buy the other 26.5% of the company for 13.50 Hong Kong dollars ($1.74 U.S.) per share in cash.

That’s a 55.3% premium above Alibaba.com’s average closing price over the last 10 days — but it’s the exact same price the company fetched in its initial public offering in November 2007.

Taking the web portal private "will allow our company to make long-term decisions that are in the best interest of our customers and that are also free from the pressures that come from having a publicly listed company," Alibaba Group CEO Jack Ma said in a prepared statement.

Alibaba has been in the news frequently over the past year for its contentious relationship with Yahoo (, Fortune 500).

Yahoo owns about a 40% stake in Alibaba, which is considered one of its most valuable assets. But Ma and former Yahoo CEO Carol Bartz had a public dispute over ownership of Alipay, an online payment unit similar to eBay (, Fortune 500)-owned PayPal.

The companies reached an agreement in July 2011, but tensions continued. Ma said at a conference in late September that Alibaba would be "interested" in buying all of Yahoo — a purchase that would essentially allow Ma to buy back control of that 40% Alibaba stake.

According to media reports, Yahoo had been in advanced talks with Alibaba and Japan-based Softbank to discuss selling its stakes in Alibaba and Yahoo Japan. But those talks reportedly collapsed earlier this month. 

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China is allowing the nation

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The ousted chief of Olympus, the Japanese camera-maker under investigation for hiding investment losses for years, is confident about making a comeback _ a return he vows will clean up the company’s scandal-tainted management for good.

Michael Woodford, the former President and Chief Executive at Olympus Corp., said Thursday he was lining up investor support and talking to other “influential people in the Japanese establishment” for his return to the company.

Woodford, in town this week for such meetings, declined to give specifics, saying the discussions were “delicate.” But he was clearly upbeat about the prospects, noting he had enough support to call a general shareholders’ meeting _ a key move for managerial change.

“I wouldn’t be doing this. I wouldn’t be putting myself through this enormous physical and emotional effort if I didn’t think it could be successful,” he told The Associated Press, weary but flushed from the bustle of reading email from Olympus employees cheering him on.

“This is uncharted territory. You have the world looking at this story,” he said at a Tokyo hotel.

The deception at Olympus, dating back to the 1990s, to hide 117.7 billion yen ($1.5 billion) in investment losses became known only when Woodford blew the whistle. He questioned exorbitant fees for advice on the acquisition of British medical equipment maker Gyrus Group and other expensive acquisitions in 2008.

Woodford recalled that he thought the Gyrus purchase was unwise and unneeded at the time, but said he never dreamed it involved anything illegal.

Woodford, a 51-year-old Briton and a rare foreigner to lead a major Japanese company, was fired in October after confronting Olympus directors.

Woodford is demanding the resignation of the entire board, including President Shuichi Takayama, who replaced him and initially declared all the spending as legitimate in a news conference.

“It’s offensive to common sense,” said Woodford.

The battle over who will lead the camera and medical equipment maker and its 40,000 employees could come to a head at the next shareholders’ meeting. Takayama said Thursday that might be held in March or April.

Olympus met its deadline to avoid being removed from the Tokyo Stock Exchange by filing corrected earnings for the April-September first half and for the past five fiscal years on Wednesday.

But it is still under a criminal investigation, and could be delisted later on.

Olympus appointed three outsiders to a new reform committee Thursday to beef up governance and present a plan to shareholders. The committee is in addition to an earlier panel announced by Takayama, which is investigating the scandal.

The Olympus fiasco has prompted soul-searching in Japan Inc. on living up to global standards. Ruling and opposition legislators met with Woodford earlier this week to hear his ideas about governance.

The company’s loss of 32.3 billion yen ($414 million) for the first half of the fiscal year, through September, a reversal from a 3.8 billion yen profit the same period a year earlier, was mainly from the economic downturn and losses from Thai flooding, Takayama said.

“Capital adequacy ratio is a big problem, and we are considering how we can overcome it,” Takayama told reporters. “We are considering various options, including a capital tie-up and operational or sales tie-ups.”

Woodford said he was opposed to alliances, which he said would likely compromise Olympus’ independence, and he had better ways to get capital to shore up its hobbled balance sheet.

“Because of the strong cash flows and profitability of the medical business, we could raise funding from additional sources without losing our sovereignty,” he said.

Olympus should focus on core businesses _ medicine, microscopes, industrial products and cameras and other consumer products _ and stop acquiring unrelated companies, such as pet food, plastic plates and cosmetics, he said.

He promised a more transparent Olympus, with more outside board members. He said he was preparing the candidates already.

Olympus stock, which plunged after the scandal hit, has recouped some of the losses but dropped 21 percent to close at 1,041 yen Thursday.

A third-party panel set up by Olympus, including a former Japanese Supreme Court judge, released the findings of an investigation earlier this month, which said top executives who were “rotten to the core” had orchestrated the accounting cover-up spanning three decades.

The fees for financial advice and overvalued acquisitions were part of an elaborate deception utilizing overseas banks and several funds to keep the massive losses off the company’s books, according to Olympus. Japanese magazine Facta was first to report the dubious money.

It is still unclear if Woodford will manage a comeback.

Some people, such as former board member Koji Miyata, see him as a hero and have begun an online campaign to bring back Woodford.

Miyata says Woodford, a 30-year employee at Olympus, was groomed from the start to lead the company.

“There are a lot of senior managers who might be good for the No. 2 post, but someone who is destined to be No. 1 is totally different,” he said in a recent interview with The AP.

“He has principle. He is uncompromising,” he said of Woodford, whom he has known for 25 years. “He isn’t swayed. He doesn’t avoid confrontation. He sticks to his guns that what is wrong is simply wrong.”

Woodford, who sees himself as a “salaryman,” denied it was his nationality that might make him Olympus’ savior.

“I’m sure there are some Japanese people who could do similarly to me,” he said. “I know the company. I’ve worked there. It doesn’t matter if I’m English or Japanese, in that sense.”

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Plastics maker Spartech Corp. cut its loss for the fourth quarter in half.

Clayton-based Spartech reported a loss of $27.7 million in the fourth quarter that ended Oct. 29, or 90 cents a share, compared to a loss of $55.7 million, or $1.81 a share a year ago.

Spartech produces plastic sheet, compounds and packaging products. Sales of higher margin products for transportation and construction customers helped Spartech’s sales increase 13 percent in the quarter, to $293.2 million, compared with $259.6 million a year ago.

For its 2011 fiscal year, Spartech posted a loss of $21.1 million, compared with a loss of $50.4 million in fiscal 2010.   

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Working almost to exhaustion and persuading countries one by one, European leaders agreed Friday to redefine their continent _ hoping that by joining their fiscal fortunes they might stop a crippling debt crisis, save the euro currency and prevent worldwide economic chaos.

Only one country said no: Britain. It will risk isolation while the rest of the continent plots its future.

The coalition came together in a marathon negotiating session among the 27 European Union heads of government _ hard bargaining that began with dinner Thursday evening and ended after 4 a.m., when red-eyed officials appeared before weary journalists to explain their proposed treaty.

It was a major step forward in the long, postwar march toward European integration. It was two decades ago, on Dec. 9 and 10, 1991, that European negotiators drafted a treaty in Maastricht, Netherlands, to unite their politics, create a central bank and, one day, invent a common currency.

The agreement _ with 23 countries in favor and three more saying they are open to the idea _ would force countries to submit their budgets for central review and limit the deficits they can run.

A crisis over sovereign debt that consumed Greece and spread to Ireland, Italy, Portugal and Spain threatened to explode into a worldwide financial crisis capable for forcing the global economy into recession.

“This is the breakthrough to the stability union,” German Chancellor Angela Merkel said. “We are using the crisis as an opportunity for a renewal.”

To prevent excessive deficits, countries in the treaty will have to submit their national budgets to the European Commission, the executive body of the EU, which will have the power to send them back for revision.

They must also bring their budgets close to balance. Except in special circumstances, the budget deficit of a country must not exceed 0.5 percent of gross domestic product, the amount of goods and services produced by its economy. An unspecified “automatic correction mechanism” would punish the rule-breakers.

Germany and France insist that fiscal union is the best way to regain market trust, badly shaken by the escalating financial crisis. Most economists think it will not be enough.

They say the euro countries need to have enough money on hand to guarantee everyone can pay their debts. Euro leaders put off until March a decision on whether to provide money on top of a euro500 billion, or $668 billion, bailout fund for euro countries.

European leaders did agree to add euro200 billion to the International Monetary Fund to help ailing countries.

Only 17 of the 27 European Union countries use the euro currency, and its stability has been threatened by the massive national debts of some of those 17. All but two of the non-euro countries _ Britain and Denmark _ are committed to adopting it eventually.

The countries that use the euro found they had friends among those that do not. At least six and as many as nine non-euro countries are willing to bind themselves to the euro countries in a pact aimed at having their economies converge.

Britain said no for two reasons: Prime Minister David Cameron’s Conservative Party includes a strong anti-EU element, and Cameron, despite trying deep into the night, failed to win an exemption from regulation for the British financial industry.

The other leaders would have none of it: Bankers and lack of regulation are viewed on the continent as a prime cause of the financial crisis.

“What was on offer is not in Britain’s interest, so I didn’t agree to it,” Cameron said. “We’re not in the euro, and I’m glad we’re not in the euro. We’re never going to join the euro, and we’re never going to give up this kind of sovereignty that these countries are having to give up.”

Britain, which prides itself on its fierce independence, joined the then-European Economic Community in 1973 _ only after French President Charles de Gaulle, who had vetoed the U.K.’s membership along with Germany’s leader, fell from power.

Since then, it has retained a frosty skepticism toward the ambitions of France and Germany to forge ever closer political and fiscal ties. It eschewed both the euro single currency and the Schengen open borders policy, fearful of losing power to determine its own fate.

French President Nicolas Sarkozy blamed the British leader for scuttling what could have been an EU-wide treaty. He said Cameron’s exemptions for British finance “seemed to us unacceptable.”

Some countries may face parliamentary opposition to the pact, which would allow for unprecedented oversight of national budgets.

Stocks and the euro climbed on the news of the treaty, even though it offers only a long-term solution and leaves many details to be worked out. Stocks rose 3.4 percent in Italy, 2.5 percent in France and almost 2 percent in Germany. In New York, the Dow Jones industrial average rose 1.5 percent and vaulted back over 12,000.

Borrowing costs for European countries fell, but only slightly, a sign of cautious confidence from the bond market. The yield on the benchmark Italian government bond fell to 6.33 percent, down about 0.05 percentage point. A yield above 7 percent is considered unsustainable.

One by one through the long night, the leaders of the 17 euro nations persuaded the non-euro nations to come along.

Hungary, the Czech Republic and Sweden said they would need to consult their parliaments. The six other EU countries that use currencies other than the euro _ Denmark, Poland, Bulgaria, Romania, Latvia, Lithuania _ agreed right away. The leaders want the treaty written by March.

The countries hope to help European nations tame their long-term debt. Such an agreement is considered necessary before the European Central Bank and other institutions commit more money to lower the borrowing costs of heavily indebted countries like Italy and Spain.

How exactly that will happen remains unclear. Financial markets around the world had hoped the ECB would buy massive amounts of national bonds, flooding the market with money and lowering borrowing costs. But ECB President Mario Draghi dashed those hopes Thursday and said there was no plan to buy more bonds.

On Friday, Draghi called the treaty agreement “a very good outcome for the euro area, very good.

“It is going to be the basis for much more disciplined economic policy for euro-area members,” he said. “And certainly it is going to be helpful in the present situation.”

A breakup of the euro would have disastrous consequences. It would almost certainly trigger a financial crisis while banks figured out who owned what and while countries leaving the union awkwardly transitioned back to their own sovereign currencies.

Such a disorderly exit could cause banks to become fearful and stop lending money to each other. In 2008, a credit crisis followed the bankruptcy of Lehman Brothers investment house and triggered a meltdown in the stock market.

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Peabody Energy Corp. on Wednesday announced that it has increased its stake in Australia’s Macarthur Coal Ltd. beyond 90 percent — the threshold beyond which it can force remaining shareholders to sell their interests.

The announcement means St. Louis-based Peabody now has full control over the mining company, ending an 18-month quest. It also means Peabody will pay out an extra $100 million, bringing the total value of the acquisition to almost $5 billion.

Peabody last month promised to sweeten the offer slightly, to $16.40 a share from $16.14, to help increase its stake beyond 90 percent, giving it fuller control of the company.

Acquiring 100-percent of Macarthur “brings clear strategic and financial benefits,” Gregory H. Boyce, Peabody’s chief executive, said in a statement. He said the company “looks forward to completing operational improvements, accelerating the realization of synergies and advancing Macarthur’s growth pipeline.”

Queensland-based Macarthur controls 270 million tons of coal reserves and operates mines that produced about 4 million metric tons last year in the face of severe flooding that restricted output.

The additional sales volume is small for Peabody, which sold almost 250 million tons of coal worldwide last year. But Macarthur is the world’s largest exporter of pulverized injection coal — a commodity that’s in high demand from steelmakers. The bulk of Peabody’s sales volume is lower-priced coal that’s burned for electricity generation.

The acquisition also continues Peabody’s rapid expansion in Australia, a coal-rich country nearer to energy hungry China.

Peabody failed in an effort to gain a controlling stake in Macarthur last spring, offering as much as $3.8 billion. In July, the company made another bid with a minority partner, steelmaker ArcelorMittal, which was already a 16-percent shareholder.

Luxembourg-based ArcelorMittal dropped out and agreed to sell its interest to Peabody after China’s Citic Resources, Macarthur’s largest shareholder, agreed to accept the cash takeover offer, giving the suitors a majority stake.

Peabody recently sold $3.1 billion of notes to help finance the acquisition.

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