The nation’s top three finance officers lobbied before the House Financial Services Committee for more stringent regulatory measures over financial markets to prevent any more major bankruptcies like Lehman Brothers. Treasury Secretary Tim Geithner, Federal Reserve chairman Ben Bernanke and Securities and Exchange Commission (SEC) chairwoman Mary Schapiro who have come under sharp criticism lately for their institutions’ failure to prevent Lehman from going bankrupt, appealed for an overhaul of the financial systems.
At the opening of a hearing to discuss policy matters on financial markets, the case of Lehman’s bankruptcy was brought up highlighting the fact that the nation’s financial regulatory bodies did not pick up on Lehman’s exposure to risky derivatives and their highly questionable accounting practices to hide these activities in the years prior to their collapse.
Financial reform has been in the forefront of many people’s minds not least because the SEC last week charged another Wall Street giant, Goldman Sachs with fraud. At the hearing, legislators began their debate on the tough measures needed to be taken for the government to better regulate derivatives and the appropriate capital requirements for Wall Street firms.
One of the matters brought up in the debate was how Lehman surreptitiously used an accounting trick known as ‘Repo 105’ to mask its massive losses and remove some $50 billion of assets from its balance sheet instead of selling them off at a loss.
At the discussions, lawmakers from both sides of the political divide decried Lehman’s gross mismanagement and expressed disappointment at the feeble regulatory system that did not detect their wrongdoing and under-capitalization until it was too late.
This led to a call for the need to enforce the Wall Street Reform bill that was proposed by the Democrats and passed by the Senate Banking Committee last month. But this proposal was quickly shot down by the GOP representatives, branding such a move as trying to reinforce a broken system. The Republicans are generally against giving the Fed Reserve and SEC more regulatory authority.
The committee questioned Shapiro on how the SEC could have overlooked Lehman’s condition and did not take action on the investment bank earlier. In reply, Shapiro stated that the SEC did not have “the staff, the resources or…the mindset” to effectively regulate the operations of the world’s largest financial institutions. At the time of Lehman’s bankruptcy, the SEC had only 24 employees overseeing five of the largest investment banks in the world.
Shapiro was quick to add that the SEC had learned from its mistakes and has adopted more stringent methods of cracking down on the types of transactions that led to Lehman’s downfall. The SEC has sent letters to all major financial institutions requesting detailed descriptions of accounting practices including possible Repo 105 type transactions and will make its findings public after reviewing them.
Filed under Chapter 7 (Tampa) by on Jul 3rd, 2010. Comment.
The nation’s top three finance officers lobbied before the House Financial Services Committee for more stringent regulatory measures over financial markets to prevent any more major bankruptcies like Lehman Brothers. Treasury Secretary Tim Geithner, Federal Reserve chairman Ben Bernanke and Securities and Exchange Commission (SEC) chairwoman Mary Schapiro who have come under sharp criticism lately for their institutions’ failure to prevent Lehman from going bankrupt, appealed for an overhaul of the financial systems.
At the opening of a hearing to discuss policy matters on financial markets, the case of Lehman’s bankruptcy was brought up highlighting the fact that the nation’s financial regulatory bodies did not pick up on Lehman’s exposure to risky derivatives and their highly questionable accounting practices to hide these activities in the years prior to their collapse.
Financial reform has been in the forefront of many people’s minds not least because the SEC last week charged another Wall Street giant, Goldman Sachs with fraud. At the hearing, legislators began their debate on the tough measures needed to be taken for the government to better regulate derivatives and the appropriate capital requirements for Wall Street firms.
One of the matters brought up in the debate was how Lehman surreptitiously used an accounting trick known as ‘Repo 105’ to mask its massive losses and remove some $50 billion of assets from its balance sheet instead of selling them off at a loss.
At the discussions, lawmakers from both sides of the political divide decried Lehman’s gross mismanagement and expressed disappointment at the feeble regulatory system that did not detect their wrongdoing and under-capitalization until it was too late.
This led to a call for the need to enforce the Wall Street Reform bill that was proposed by the Democrats and passed by the Senate Banking Committee last month. But this proposal was quickly shot down by the GOP representatives, branding such a move as trying to reinforce a broken system. The Republicans are generally against giving the Fed Reserve and SEC more regulatory authority.
The committee questioned Shapiro on how the SEC could have overlooked Lehman’s condition and did not take action on the investment bank earlier. In reply, Shapiro stated that the SEC did not have “the staff, the resources or…the mindset” to effectively regulate the operations of the world’s largest financial institutions. At the time of Lehman’s bankruptcy, the SEC had only 24 employees overseeing five of the largest investment banks in the world.
Shapiro was quick to add that the SEC had learned from its mistakes and has adopted more stringent methods of cracking down on the types of transactions that led to Lehman’s downfall. The SEC has sent letters to all major financial institutions requesting detailed descriptions of accounting practices including possible Repo 105 type transactions and will make its findings public after reviewing them.
Filed under Chapter 7 (Tampa) by on Jun 5th, 2010. Comment.
Starwood Capital Group is hoping to ink the deal to buy the Extended Stay Inc. chain of hotels currently under Chapter 11 bankruptcy soon. Starwood has been arranging for its financing with Goldman Sachs Group Inc. and the two sides are close to terms on its $2.2 billion financing. About $1 billion of the money would come from Goldman’s partner, Citigroup Inc. If the deal goes through, it would be the largest mortgage-debt financing on a real estate venture since the height of the credit crisis 2 years ago. It also indicates that big banks like Goldman Sachs are starting to resume business in commercial real estate financing just as the property market struggles to find its feet after its worst recession in decades.
There are presently two competing sides interested in buying the 680 room Extended Stay hotel chain, the other being Centerbridge Partners LP. Centerbridge Partners has joined forces with Paulson & Co. and Blackstone LP and together have also been arranging their own financing to purchase Extended Stay.
The bankruptcy judge presiding over Extended Stay’s Chapter 11 case has set May 17 as the deadline for all prospective buyers to submit their proposals to acquire the hotel chain. A public auction has been scheduled for May 27 when more prospective buyers are expected to enter the fray.
Such acquisitions like Extended Stay’s is now becoming more common as investors dig into their financial reserves to buy up commercial properties whose prices have begun to stabilize after bottoming out at about 40% off its peak in August 2007. Goldman Sach’s financing for Extended Stay is a major indication that other well-capitalized banks will follow suit into financing the loan-sale market or commercial-mortgage backed securities (CMBS).
Extended Stay Inc. filed for bankruptcy protection in June last year with debts of $7.4 billion, largely arising from the $8 billion loan that owner David Lichtenstein used to purchase the hotel chain in 2008. The budget hotel chain has raised the interest of many investors looking for a bargain buy since its bankruptcy. Such interest has been heightened since the US hotel market began to stabilize as the economy recovers.
Both the Starwood and the Centerbridge groups are likely to say that each can provide better value to Extended Stay. Bankruptcy experts say that the bidding war is good for Extended Stay’s creditors, among whom are the Federal Reserve Bank, who inherited $900 million Extended Stay debts through a fund called Maiden Lane, a result of the collapse of Bear Stearns in 2008.
Extended Stay will ultimately choose the winning bidder subject to the approval from the bankruptcy court.
Filed under Chapter 7 (Tampa) by on May 21st, 2010. Comment.

