By Joseph Checkler 
 

Residential Capital LLC's junior bondholders, one of the only major creditor groups not supporting the mortgage servicer's bankruptcy plan, want additional mediation over their bid to collect interest that has accrued on their bonds since ResCap's May 2012 bankruptcy filing.

In filings made Thursday with U.S. Bankruptcy Court in Manhattan, the bondholders also said they're worried lawyers for both ResCap and its official committee of unsecured creditors won't remain neutral in the mediation, and therefore should be reminded by the bankruptcy judge that not staying neutral could result in being disqualified from participating.

The bondholders' main issue is potential conflicts of interest over intercompany claims held by bankrupt ResCap entities against one another.

Judge Martin Glenn of U.S. Bankruptcy Court in Manhattan will consider the request at a hearing next month. The junior bondholders say they're owed $2.2 billion in principal and interest, including interest from after ResCap's 2012 bankruptcy filing that they say is accruing at about $250 million a year.

Bankruptcy law gives so-called oversecured creditors the right to such post-petition interest. However, ResCap lawyers say that because the value of the collateral securing the bonds in question is only $1.5 billion -- and thus the junior bondholders are undersecured and not entitled to the payments. In May, the mortgage servicer sued over the claims.

Judge James Peck has been praised by all sides as a mediator in the ResCap case, helping broker the deal that has gotten the company to the precipice of exiting Chapter 11. The bondholders--who have been a constant objector throughout the case and have often drawn ire in the courtroom from Judge Glenn--are requesting Judge Peck as the mediator. A spokesman representing ResCap's law firm declined to comment.

ResCap filed its Chapter 11 reorganization plan earlier this month. The proposal is based on a crucial settlement among the company, government-controlled parent Ally Financial Inc. and the creditors committee, that calls for Ally to pay $2.1 billion to settle creditor claims. In return, Ally is off the hook from further liabilities. After the sales of two huge chunks of assets earlier this year, that settlement loomed as one of the largest issues in ResCap's 14-month old bankruptcy.

Creditors will vote on the proposal, which calls for unsecured claims to be paid 36 cents on the dollar, if Judge Glenn approves the plain language version of the plan at an Aug. 21 hearing.

ResCap, once the country's fifth-largest mortgage servicer and 10th-largest mortgage lender, filed for Chapter 11 protection in May 2012 as litigation over soured mortgage securities mounted and bond payments loomed. The move was intended to help Ally, which isn't part of the bankruptcy, to sever itself from those issues so it can focus on repaying the bailout it received during the financial crisis.

During its bankruptcy, ResCap struck deals to sell mortgage-servicing platforms and loan portfolios as a part of bankruptcy auctions that generated $4.5 billion in proceeds.

(Dow Jones Daily Bankruptcy Review covers news about distressed companies and those under bankruptcy protection. Go to http://dbr.dowjones.com)

Write to Joseph Checkler at joseph.checkler@dowjones.com

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