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The distress in China’s property sector has affected other industry players and spread to other parts of the economy. Photo: Reuters

Chinese property agent E-House files for US Chapter 15 protection to implement debt workout after bond defaults

  • E-House is undergoing a debt restructuring in the Cayman Islands, where it is incorporated
  • The company had defaulted on a US$300 million note due in April 2022, triggering a cross-default on a US$300 million bond due in June 2023
E-House (China) Enterprise Holdings, a property brokerage and consultancy, has filed for protection in a US bankruptcy court to implement its offshore debt restructuring, after defaulting on two dollar-denominated bonds amid a slump in mainland China’s real estate market.

The Shanghai-based firm, through its foreign representative Alexander Lawson, filed for protection under Chapter 15 of the US bankruptcy code in the Southern District of New York Court on Monday, according to a Hong Kong stock exchange filing.

A Chapter 15 filing prevents creditors from seizing the company’s assets while it undergoes a debt restructuring in the Cayman Islands, where E-House is incorporated. A creditors’ meeting to vote on the company’s repayment plan is scheduled for October 12.

E-House defaulted on a US$300 million 7.625 per cent notes due in April 2022, and a US$300 million 7.6 per cent notes due in June 2023, according to a filing in April. It has proposed to repay bondholders US$60 in cash and US$940 in new 2025 bonds for every US$1,000 owed, plus accrued interest.

E-House chairman Zhou Xin pictured in July 2018. Photo: Winson Wong

“The company continues to explore ways to secure the requisite funds to repay the 2022 notes on the maturity date,” chairman Zhou Xin said in the April filing.

Consenting creditors face an October 5 deadline to deliver their decision to earn the 1 per cent incentive fee of 1 per cent of bond value. The restructuring scheme will be put to vote on October 12 and the deal is targeted to be binding on October 31, according to its restructuring timetable.

E-house swung to a loss of 9.4 billion yuan (US$1.3 billion) in 2021 from a profit of 349 million yuan in 2020.

China’s 18.2 trillion yuan housing industry’s woes have spread to the rest of the economy, with banks, bad-debt managers and upstream and downstream suppliers of property developers among those affected.

Home builders have been squeezed by falling sales and a debt crisis compounded by Beijing’s “three red lines” policy. This has constricted borrowings by developers and forced China Evergrande Group and peers such as Sunac China Holdings to default on their loans.

Along with the fallout from Beijing’s strict zero-Covid policies, the property sector is a major factor in banks such as Nomura, Morgan Stanley and UBS trimming the country’s growth forecasts. They see the economy growing by less than 3 per cent in 2022 – far below the official target of 5.5 per cent.

Policymakers have sought to support the economy with a variety of measures ahead of the 20th party congress this month.

The People’s Bank of China announced last Thursday that cities where new home prices fell from June through August can reduce mortgage rates for first-time buyers.

A day later, the central bank announced that it would lower the interest rate for housing provident fund loans by 0.15 percentage points for first-time homebuyers from October 1, while the Finance Ministry said residents who buy new homes within one year of selling old homes will be refunded personal income tax on the sale.

Last Thursday, Premier Li Keqiang pushed forward policies to stabilise the economy in the fourth quarter, vowing that “it is necessary to enhance confidence, seize this window of opportunity, stabilise market expectations, and promote the full implementation of policy measures and their full effect to ensure economic operation, within a reasonable range”.
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