Perspectives on Municipal Bond Recovery

Anyone who thinks they understand what is happening in the economy – and what will happen – should think some more. The post-pandemic state of the economy is somewhat of a mystery, but a mystery worth exploring.

ArentFox Schiff is pleased to announce the addition of partner Jena Watson to its Real Estate and Municipal Bond practices in the firm’s San Francisco office.

As odd as it may seem and as odd as it is to say, what the municipal market, medium-sized banks, and the real estate market need is a good old fashioned (but not too severe) recession.

Bondholders of the Puerto Rico Electric Power Authority (PREPA) have a secured claim only up to the amount of certain funds established under their trust indenture, and an unsecured claim for the value of future net revenues of PREPA that would have been payable to them over the remainder of the ter

Ground lease structures have become a common feature of conduit financings in the municipal bond market. They provide tax advantages to projects and can be structured several different ways depending on the tax-exempt status of the parties involved.

Whether CCRC residency agreements are treated as leases or contracts under state law could impact the recovery of CCRC bonds in the event of the insolvency of the CCRC owner. Some states treat CCRC residency agreements as leases and others as contracts.

Private activity bonds may finance projects that rely on novel technology subject to intellectual property protections, such as patents, trade secrets, and know-how.

Although the economy has begun its recovery, it continues to display contradiction and uncertainty. Unemployment continues at a relatively high rate yet businesses complain of not being able to fill job openings. An inordinate number of workers are quitting their jobs.

The municipal market was in a state of disarray in March due to a “rush to safety” but has recovered sharply over the past few months. Money has flowed back to municipal bond funds, rates have decreased to historic lows, and bond issuance has risen.

The 2020 edition of Legal 500 US has rated 43 Arent Fox LLP attorneys as national leaders in their field. In addition, 14 of the firm’s practice areas were ranked among the best in the country.