By Joseph Checkler 
 

J.P. Morgan Chase & Co. (JPM) says a group of hedge funds is trying to use a "pocket veto" to derail the bank's bid to recover $928 million it lent to MF Global Holdings Ltd. just before the firm's 2011 collapse.

In a Tuesday filing with U.S. Bankruptcy Court in Manhattan, J.P. Morgan said the hedge funds, which filed a payback plan that MF Global (MFGLQ) creditors are currently voting on, are attempting to deny creditors of the financing subsidiary information about what their claims should be worth.

"By denying information to voters about the result of a "no" vote, the Creditor Co-Proponents are trying to unfairly influence the voting on the plan," J.P. Morgan said in its filing. A spokesman representing some of the hedge funds didn't immediately have a comment.

Essentially, J.P. Morgan is saying that if it's granted standing to pursue those claims, other creditors would be better informed as to their chances of getting back more money and possibly vote "no." If the bank isn't granted standing, creditors may assume the claims will never be pursued and just vote "yes," J.P. Morgan said.

The hedge-fund managers, Silver Point Capital, Cyrus Capital Partners LP and Knighthead Capital Management LLC, filed their creditor payback proposal with the court in January. Those creditors own about 65% of MF Global's $2.2 billion in unsecured debt.

The hedge-fund managers are fighting J.P. Morgan's request to go after $928 million in claims related to a loan the bank and others made to MF Global in the days before it filed for bankruptcy in October 2011. After receiving a $931 million loan from J.P. Morgan and others, MF Global transferred $928 million of it to subsidiary MF Global Finance USA Inc.

J.P. Morgan says that transfer created $928 million in claims for the finance subsidiary against its parent, even though the entire intercompany transaction could have been avoided; the finance subsidiary could have borrowed directly from J.P. Morgan and the other lenders.

Now, the hedge-fund managers' payback plan has been filed. It says that while J.P. Morgan and its co-lenders can go after the $928 million, so can creditors of the finance subsidiary, thanks to a series of intercompany settlements. J.P. Morgan says the double claim could potentially dilute recovery for itself, Aurelius Capital Management and others holding claims on the original loan. Meanwhile, J.P. Morgan says, the plan could increase recoveries for the finance subsidiary creditors by more than 25%.

J.P. Morgan says the hedge-fund managers trying to stop it from going after the claims are conflicted, because they would benefit from the "double" counting of the claim. Judge Martin Glenn will decide next week whether to slow down J.P. Morgan's bid to launch a lawsuit to go after the claims.

The hedge-fund managers say Judge Glenn should at least temporarily stop the suit from going forward, because it would slow down the timetable for approval of their payback proposal. The matter, they say, can be pushed back until after a confirmation hearing on the plan, which is tentatively set for April 5.

The $928 million "double" claim is part of a larger proposal that would pay back creditors of MF Global's general estate within a year and could restore the accounts of brokerage customers to 100% within months.

Unlike customers of MF Global's brokerage, however, the holding company's creditors aren't expected to recover every cent of their money.

Louis Freeh, a former director of the Federal Bureau of Investigation who is overseeing the holding company's Chapter 11 case, has joined the hedge funds in calling for approval of the liquidation plan.

The holding company's bankruptcy is being administered separately from the liquidation of MF Global's main broker-dealer business. That estate is being wound down by James W. Giddens under the Securities Investor Protection Act, which governs the liquidation of failed brokerage firms.

Late last year, Mr. Freeh, Mr. Giddens and a third official liquidating MF Global's U.K. arm struck a wide-ranging deal designed to get customers their money back more quickly and settle disputes among themselves.

Individual customers of MF Global's broker-dealer have received most of their money back through a series of bulk transfers initiated by Mr. Giddens and approved by the court.

MF Global, led by former New Jersey governor and Goldman Sachs Group Inc. (GS) Chairman and Chief Executive Jon S. Corzine, collapsed in October 2011 when customers panicked over the New York firm's large bets on European debt. The firm's collapse into bankruptcy initially exposed a $1.6 billion shortfall in U.S. customer accounts.

(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. Follow him on Twitter at @JoeCheckler

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