Patrick Fitzgerald 
 

Mortgage lender Residential Capital LLC is facing a number of objections from the government's bankruptcy watchdog, its pension insurer and other creditors to the outline of its plan to exit bankruptcy protection

U.S. Trustee Tracy Hope Davis, a Justice Department official who acts as a watchdog overseeing the nation's bankruptcy courts, took aim at "impermissible payments" earmarked for some bondholders' and investors' lawyers and financial advisers, in a court filing Thursday.

The trustee is also concerned about the broad releases from civil lawsuits granted to Ally Financial Inc. and its managers as part of its bankruptcy deal with its mortgage subsidiary.

Ally, which isn't under Chapter 11 protection, has agreed to pay $2.1 billion to its mortgage subsidiary and its creditors in return for protection from litigation over ResCap's mortgage business. The broad scope of those releases has caught the attention of several U.S. government officials.

Ms. Davis said the Ally releases may violate the Bankruptcy Code's prohibition against granting releases to so-called nondebtor third parties.

Bankruptcy courts have often cast a skeptical eye to bankruptcy-exit plans that include such third-party releases, especially when they are going to insiders--top executives and directors--of a company that is not part of the bankruptcy case.

The government's pension insurer, the Pension Benefit Guaranty Corp., also is concerned about the plan, saying the "overly broad" releases don't absolve Ally from its obligation to ResCap's underfunded pension plan. The PBGC, created under the Employee Retirement Income Security Act of 1974, takes over a private-sector pension plan after determining an employer is unable to keep paying benefits. ResCap hasn't taken steps to terminate its pension plan.

The Federal Housing Finance Agency, the conservator of Fannie Mae (FNMA) and Freddie Mac (FMCC), also is concerned about how ResCap is handling its fraud lawsuit against Ally. Freddie Mac bought $6 billion worth of mortgage-backed securities from ResCap between 2005 and 2007 is suing the company over dodgy mortgages backing the securities.

In addition to the red flags raised by the government, a number of other investors also raised concerns about ResCap's plan outline. Judge Martin Glenn has scheduled a hearing on the plan outline, known as a disclosure statement, for next Wednesday. The judge must approve the disclosure, which describes when and how much creditors will recover, before creditors can vote on the plan.

ResCap filed its plan to reorganize--and ultimately liquidate--in early July. The company, 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.

Ally, formerly General Motors' main financing arm and once known as GMAC, is now 74% owned by the U.S. government after receiving a bailout during the financial crisis that topped $17 billion.

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

Write to Patrick Fitzgerald at patrick.fitzgerald@wsj.com

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