medium · Asset-Backed Securities

A sponsor transfers 100 million of consumer loans to a bankruptcy-remote SPE and receives 95 million cash plus a $5 million subordinated note. The sponsor can unilaterally require return of any specific performing loan at par at any time, and the stem stipulates that this right provides a more-than-trivial benefit because the selected loans can have fair value above par. Assuming the other ASC 860 sale conditions are met, how is the transfer accounted for?

  1. Sale treatment solely because the SPE is bankruptcy-remote
  2. A secured financing
  3. Sale treatment with a retained subordinated interest
  4. Sale treatment with an immediate $5 million gain

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