By Joseph Checkler 
 

NEW YORK--A judge on Tuesday said he wouldn't consider disqualifying lawyers for Residential Capital LLC and its creditors from their fight with a group of junior bondholders who say those lawyers have conflicts of interest.

Judge Martin Glenn of U.S. Bankruptcy Court in Manhattan said because the lawyers don't have adverse interests or bias against the ResCap estate, he must reject the bid to order them to remain neutral and, if necessary, disqualify them.

White & Case LLP's J. Christopher Shore, a lawyer for the bondholders, said ResCap and its creditors are conflicted because they're treating certain claims--ones that certain bankrupt ResCap entities have against other bankrupt ResCap entities--as worthless. They're treated that way to avoid the possibility of years of litigation, the company said.

But those claims, if they had value, may be collateral for the junior bonds, which would help the group in its argument that it deserves to be paid for interest accrued since ResCap's May 2012 bankruptcy filing.

Lawyers for ResCap and its creditors argued that Mr. Shore's filings, on behalf of a group that's being treated well under ResCap's creditors payback plan, are just an attempt to derail the case. Judge Glenn agreed.

"Mr. Shore, how many times do I have to tell you that we are not waiting," Judge Glenn said, referring to delaing ResCap's bankruptcy exit proposal to deal with the bondholders' issues. "You have repeatedly tried to derail the process in this case."

Later, when a lawyer mentioned he worked on the Adelphia Communications Corp. bankruptcy case that saw years of litigation over intercompany disputes, the judge interrupted him.

"This is not going to be six or seven years of litigation," Judge Glenn said. "Full stop." The judge did use precedents set in the Adelphia case as reasons for his ruling.

The bondholders, mostly hedge funds, say they are owed a total of $2.2 billion in principal and interest, including post-filing interest they say is accruing at about $250 million a year.

Bankruptcy law gives so-called oversecured creditors the right to such postpetition interest. However, ResCap lawyers say 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. A trial looms, as mediation under the purview of U.S. Bankruptcy Court Judge James Peck continues.

ResCap filed its plan to reorganize--and ultimately liquidate--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.

If the plan is ultimately approved, the junior bondholders would get 100 cents on the dollar for claims related to before the bankruptcy and would receive interest payments for the post-bankruptcy period if they are found to be oversecured.

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@wsj.com

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