Thursday, July 18th 2013 - 08:35 UTC

IMF sides with Argentina in dispute with hedge funds holding defaulted bonds

In an unprecedented move, the International Monetary Fund plans to ask the US Supreme Court to review Argentina's case in a decade-old legal battle with holdout creditors, because of the implications it could have on sovereign debt restructurings.

Lagarde sent a letter to plaintiffs anticipating the IMF move before the US Supreme Court

Argentina is seeking to void an October 2012 ruling by the 2nd US Circuit Court of Appeals in New York that found it had violated a clause in its sovereign bond documents, known as pari passu, and requiring it to treat all creditors equally.

In a letter sent to the holdout investors on Tuesday, IMF Managing Director Christine Lagarde informed the plaintiffs of her intention to recommend to the executive board that the fund file the amicus curiae, or friend-of-the-court brief, by the July 26th deadline, advocates for the holdouts said on Wednesday.

“The Managing Director of the IMF will be recommending to the Fund's executive board that the Fund file an amicus curiae brief in support of the petition for a writ of certiorari in the case of Argentina vs. NML Capital,” the letter said, according to the American Task Force Argentina (AFTA).

The IMF has never before filed a brief to the U.S. Supreme Court.

The letter was sent to the plaintiffs, including NML Capital, a unit of billionaire hedge fund manager Paul Singer's Elliott Management, and Aurelius Capital Management. Members of AFTA, which advocates for a better settlement to the default, include holdout investors.

The 2nd Circuit has yet to rule on whether to uphold U.S. District Judge Thomas Griesa's order last November that Argentina pay holdout bondholders 1.33 billion dollars.

The Supreme Court is on its summer break and won't decide whether to hear the case until the fall. Over the last decade, holdout investors and Argentina have sparred in the US courts over the country’s default in 2002, even when the country reached agreements with 93% of bond holders.

Earlier in the week The Washington Post reported that US Justice, Treasure and State Department officials met with lawyers both from Argentina and hedge funds that refused to accept Argentina’s debt swap.

According to the article published on the daily's online edition, the Barack Obama administration could “end up siding with Argentina” in an “unusual move” that will get the White House involved in the legal row before the US Supreme Court “asks it to.”

Forcing sovereign nations to repay their overdue debts is a controversial topic in the developing world and in the halls of US government agencies. Bondholders who buy defaulted debt at a discount are often derisively called “vulture capitalists” for trying to profit from the financial woes of struggling nations.

17 comments Feed

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1 Anbar (#) Jul 18th, 2013 - 10:03 am Report abuse
I wont say “I told you so”, but I did....
2 ChrisR (#) Jul 18th, 2013 - 12:56 pm Report abuse
This is more likely to piss off the SCOTUS than anything The Dark Country can come up with.

The IMF, run by a French woman who has had her own problems with financial probity issuing a writ to the most senior court in America. Way to go, I don’t think.

Not only that, the IMF is wrong as we all know this action will have no effect on the situation with other countries who default in the future.
3 Yuleno (#) Jul 18th, 2013 - 12:56 pm Report abuse
Yankeeboy will say the same but will mean something different.Capt poppy will agree with him.
But it is common sense that singer will lose and he will have to settle for something nearer to what was paid for his holding or less.Law is a tool of capitalism and in this case debt management.
4 yankeeboy (#) Jul 18th, 2013 - 01:29 pm Report abuse
My bet is SCOTUS will not take the case and will announce before the next interest payment is due in mid Sept.
5 Troneas (#) Jul 18th, 2013 - 02:29 pm Report abuse
@2. of course. the root of this horrifying measure that incomprehensibly benefits evil argentina is in this woman's nationality and past record.

the french are evil because they attempted to boycott our effort to legitimize the iraq invasion in search of nonexistent WMDs; and this woman in particular is trying to deviate attention from her private dealings to the argentina vs. vulture funds case..

seriously man do you ever write anything that might at least sound coherent? we all know you hate argentina but do you constantly have to let us know how limited you are too?
6 darragh (#) Jul 18th, 2013 - 02:44 pm Report abuse
The thing about living in a democracy (Argentine readers please look up 'democracy' as you probably won't recognise the word) is that the Judiciary is free of interference from the state and nothing but nothing pisses off an independent judiciary more than to be issued orders by a politician, especially a foreign one masquerading as an economist
7 ChrisR (#) Jul 18th, 2013 - 04:14 pm Report abuse
5 Troneas

Just a small correction to your rant.

I do NOT hate Argentina or Argentines for two reasons:
1) hate is the obverse of the coin to love, therefore to hate someone you must have previously loved them;
2) I DETEST argies, Kirchnerites and Malvanistas: they are all the same and the scum of the earth.

Figure out which you belong to.

I cannot be held responsible for you being unable to understand correctly written English.
8 Conqueror (#) Jul 18th, 2013 - 04:18 pm Report abuse
Economists and politicians. Are these a necessary evil? Or could we decapitate the lot with no ill effects? What is needed here is honesty, integrity and responsibility. Readers of an “argie” persuasion, you should take a break now in order to look up the words “honesty”, “integrity” and “responsibility”. It is recognised that argieland contains few “people” with all three attributes. It may take several weeks for “argies” to get a glimmering, not only of the meanings of those three words, but also how to interrelate the three to form a proper type of conduct. Argie readers should note that these words are a direct antithesis to “viveza criolla”. If you live by “viveza criolla”, you have no chance of understanding “honesty”, integrity“ and ”responsibility“ and their inter-realtionship. Please do not comment as your ”brains” aren't up to it. Those from the UK will recognise an analogy with the Trades Descriptions and Sales of Goods (Implied Terms) Acts of Parliament. To give examples, those who are old enough will recognise that, before the TDA, it was okay to describe something as a “bucket” even if it didn't have a bottom. And before the SOG(IT)A, it would still be “acceptable” even if the “bottom” fell out the next day! And this bonds situation is Were the bonds “as described”? Of course not. Were they “fit for purpose”? Definitely not. The IMF and the US government should think “honesty”, integrity“ and ”responsibility“. If they don't, ordinary people should avoid such ”bonds“ and should make sure that any organisations in which they have invested their money avoid them as well. It will affect future ”restructurings” but only if argieland is not brought to account.
9 Yuleno (#) Jul 18th, 2013 - 04:52 pm Report abuse
8# conk
Thanks for the elaboration of the situation and how it arose.I take it you do not have a solution in this particular case,but merely want to abolish investment and only have saving.
Further,are you not aware that behind the words economist and politicians are people just as behind the word judge,is a person.Didnt think you would be that naive.Are well,one is always learning.
10 Conqueror (#) Jul 18th, 2013 - 06:54 pm Report abuse
@yul Of course I have a solution. I thought that was obvious to even the most imbecilic cretin. Treat argieland like any other corrupt, criminal fraudster.

And what makes you think that something like CFK or tinboy should be treated as a “person”. I reckon that neither qualifies as an “animal”. I doubt they could achieve the status of bacteria.

So why don't you try “learning”? On the subject of the Falkland Islands, CFK lies. Tinboy lies. Every other argie minister that has opened its mouth on the subject lies. When Britain/UK has offered resolution via the ICJ, why has argieland run away? Apart from natural cowardice. “Look, we trespassed on British territory for two weeks with a band of cut-throats and murderers. The territory is ours!”

About time you “learned”. How come British and Islander commentators always say the same things.? While argie “things” change their story.
11 Yuleno (#) Jul 18th, 2013 - 07:32 pm Report abuse
More up and at them british military type thinking and talking.How much did the Brits contribute to the IMF?
You still live in the lost empire days.Thats why no one listens to you.Those days are gone.You're a puppet state of the USA now,and you will do as they think.Like the countries who refused the flight of the Bolivian plane thru their airspace,your politicians will act appropriately without even being told.
Singer will not get what he wants.The common good will prevail.
12 Brit Bob (#) Jul 18th, 2013 - 07:38 pm Report abuse
Bad news.

Give Christina another 4 years to finish the (destruction) job.
13 Conqueror (#) Jul 18th, 2013 - 07:58 pm Report abuse
@11 Since you ask, far more than argieshitland. Strange how Britain does its own thing. Even disagreeing with the US. Not that you'd notice. But let's hope for reality. If reality wins, argieland will die. No need to be concerned, it's a corrupt, criminal, shit place anyway. Why didn't we destroy it in '82 when we had the opportunity. A second chance? Never mind, we can still wipe it out. Strikes from the Falkland Islands with Tornados and Typhoons. Cruise missiles from offshore fleet submarines. Nuclear strikes from British ballistic missile submarines. And THAT is the common good. The total destruction of argieland!
14 Yuleno (#) Jul 18th, 2013 - 08:52 pm Report abuse
You didn't 'wipe us out' because you couldn't.
And anyway you always need the USA.Tie your shoelaces can you?
15 Anbar (#) Jul 18th, 2013 - 10:10 pm Report abuse
The global political reality of the moment is that most nations bow to a very select few others.

My problem isnt that the USA is currently at the top of the pile, its that an awful lot of yanks think they will always be there AND that they deserve to be there.

Oddly enough that is what happens to ever nation or power that attains that spot and they all fall.

Meanwhile China....

- - -

Obama is a chronic fence-sitter with no achievements (other than his skin colour) and is an outright enemy of the UK.

I'd far rather deal with Russia or China than Obama.

Until he is out of office the UK can have no faith or confidence in the USA to do anything helpful to their “ally” other than take them for a walk occasionally and pat them on the head when the UK does something he likes.


And, i told yankee boy that his government would be sticky-beaking into this - he said they wouldnt, I told him there would be back-room deals, he said there wouldnt be, and i was right... because that is all the USA does: two-faced back-room shenanigans between hyper-wealthy funders of whoever is this years Presidential puppet to the bankers and gentrified American aristocracy. ...

You know, the folks who bankrupted the planet and killed the global economy: they're the folks back in charge again.... running under the bale of “the leader of the free world”.

My (_|_)
16 Stevie (#) Jul 18th, 2013 - 10:23 pm Report abuse
Hahahaha Anbar! You bought a bond, didn't you? Hahahahaha
17 Baxter (#) Jul 19th, 2013 - 01:53 am Report abuse
15 Anbar . I like your comment about the UK and Obama . You are right . The UK can not trust that man . He has consistently insulted the UK . And why ,the British treated his grand' dad badly ! Which is a lie since that gentleman belonged to a tribe which was loyal to the Britsh ! A reality which Willam Hague understands .
18 trenchtoast (#) Jul 19th, 2013 - 05:19 am Report abuse
And today I read that though the IMF is considering getting involved the U.S. Government definitely will NOT be following suit.

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