September 2008 Archive

Chapter 11 reorganization transfers risk to the willing

September 30th, 2008

Jeffrey Miron opines that instead of accepting a bailout, banks facing failure should opt for bankruptcy filing instead:

Bankruptcy does not mean the company disappears; it is just owned by someone new (as has occurred with several airlines). Bankruptcy punishes those who took excessive risks while preserving those aspects of a businesses that remain profitable.

Further, Chapter 11 passes restructuring risk to willing participants - those motivated and capable of adding new value to the business, whether it be capital, brainpower, or in most cases both. As banks go, I am not sure who understands the credit derivatives transaction chain well enough to take on such contingencies (but I’m am certain they exist), and court-supervised reorganization does allow for due diligence time if the entity can hold out (often assuming debtor-in-possession financing is available too, which could be questionable in this credit environment).

Outside of the banking crisis, Forbes notes it is never a bad idea to be prepared:

If you feel your business may be facing financial distress, meet with a work-out attorney now, before it is too late and your business becomes another statistic.

What Forbes doesn’t tell you is that once in Chapter 11, you’ll be faced with a myriad of financial and operational decisions that can become, to put it mildly, emotionally overwhelming. Add that in a reorganization you will be required to prove the business is worth more alive than dead, meaning get ready for a ton of strategy shifting and number crunching.

Editor’s Note: If you need someone who can stay alert during the trauma, priming objective decision making and spreadsheet mashing during trying times, contact me. I’m not only capable - I actually enjoy the stress. And I have plenty of references, both professional and personal, that can attest to the effectiveness of my candor and elbow grease.

Tuesday Tidbits - September 30, 2008

September 30th, 2008

Despite the resounding successmiserable failure … mixed emotions involving the bank bailout plan, constituents of our fine land are willing and capable of cutting through the bull:

Adieu.

How will the bailout bill failure play out?

September 29th, 2008

In a poll from Glenn Reynolds almost half of respondents chose…

Can’t answer — too busy stockpiling shotgun shells and canned goods.

Based on panel estimates from Quantcast, Instapundit readers are solidly middle class, and over 80% are college or graduate school educated. In other words, I’m not sure they were just joking.

I’m not sure I blame them either.

Bailout Bill Fails in House (UPDATED)

September 29th, 2008

Wall Street Journal:

The House of Representatives delivered a stunning defeat to legislation designed to rescue the nation’s troubled financial system, sweeping aside a call from President Bush to “send a strong signal” of confidence to markets at home and abroad.

The 228-205 vote Monday exposed deep unease among rank-and-file lawmakers in both parties with what would be an unprecedented intervention in the private sector.

The financial markets reacted with disaccord…

S&P 500 - September 29, 2008

Tallies for the day: Dow -777.68 (-6.98%); Nasdaq -199.61 (-9.14%); S&P 500 (above) -106.59 (-8.79%).

Side note: Barron’s added that the Nasdaq was headed for one of it’s top ten worst days. Today’s result wound up ranking #3. Paul Kedrosky says watch out for rolling boulders.

UPDATE: Today’s market result was also the biggest one day point drop for the DJIA.

Midday Monday Bailout Negotiations Briefing

September 29th, 2008

A chronology

  • Thursday, September 25th, 1:10PM - Chris Dodd and Company say an agreement has been reached. Must have been Dodd’s Plan.
  • Thursday, September 25th, 4:32PM - We’re now hearing about ‘wreckage’ and ‘climbing’. Those dramatic terms probably got a lot of web hits.
  • Thursday, September 25th, 6:17PM - Unraveling because John McCain wants private markets involved?
  • Thursday, September 25th, 11:37PM - Deal breaks down and Paulson goes home. Who’s plan was this again?
  • Friday, September 26th, 9:02AM - Republicans to blame. Yep, Dodd’s Plan.
  • Friday, September 26th, 11:54AM - Barack Obama sees progress. I’ll bet Dodd handed over his plan.
  • Friday, September 26th, 11:58AM - It’s all Newt Gingrich’s fault?
  • Friday, September 26th, 12:36PM - Must be Barack’s Plan now - he’s blaming John McCain too.
  • Friday, September 26th, 2:40PM - All sides negotiating.
  • Friday, September 26th, 7:54PM - Barney Franks says “we’ll have a deal by Sunday” (the same Barney Frank that said nothing was wrong with Fannie or Freddie - video 01:18).
  • Saturday, September 27th, 9:05AM - Everyone is hung over; good thing the markets don’t open tomorrow.
  • Saturday, September 27th, 2:31PM - No doubt a bailout is necessary. And no doubt ‘taxpayers will get hosed‘.
  • Sunday, September 28th, 10:15AM - A comparison of Paulson’s Plan to Chris Dodd’sBarack Obama’s … Barney Frank’s Plan.
  • Sunday, September 28th, 11:46AM - The financial system needs more than Botox.
  • Sunday, September 28th, sometime in the afternoon - Tentative deal reached, but will it hold? You’ll have to wait until next Wednesday to find out.
  • Sunday, September 28th, 12:15PM - A summary of the agreement. [Full text here]
  • Sunday, September 28th, 6:15PM - The private sector Barney Frank got us into this mess. His plan will get us out?
  • Monday, September 29th, 7:14AM - Quit targeting asset prices, Messrs. Treasury and Federal Reserve.
  • Monday, September 29th, 12:00PM - The plan is imminent, but markets are tumbling anyway. And that is despite the Fed pumping a third of a trillion dollars into the system.
  • I wonder who will take credit for the plan next.

    Snake River Cutthroat

    September 28th, 2008

    Probably not a big deal, but this is the first Snake River Cutthroat I’ve seen up close and personal (i.e. recently on the end of my fly line).

    Snake River Cutthroat in net
    Didn’t take much time setting up this photo (which is a good thing if you’re a fish)

    Snake River Cutthroat up close
    Up close and personal - note the bright yellow body and distinctive orange fins

    Snake River Cutthroat going home
    Beautiful, and headed home

    No comment on the rest of the weekend’s fishing, which should tell you something.

    Gratuitous fly fishing post for the evening (UPDATED)

    September 25th, 2008

    The Gear BagYou can be gratuitous too

    I’ve had a pretty darn good September so far. For some odd reason more than a few folks have been abnormally kind to me - I hardly deserve it, but I’ve had a chance to do some much needed gear upgradingengage in more frivolous purchases … contribute back what I can to the local fly fishing economy as a result. And in not-so-grand fashion, I’m now getting rid of a few things.

    UPDATE: My excess gear is gone, so I’ve removed the portions of this post dealing with it (particularly since the pictures were such fine examples of my piss poor photography skills). Onward…

    Second to last but still not least, Tom Chandler is cleaning out his closet too. From the sounds of it, he has enough gear to outfit every commenter on his blog for a solid decade, but the George Maurer Bamboo he’s seeking a good home for deserves attention that the average brownliner simply can’t provide.

    And lastly (there is no “least” in fly fishing - the joke’s on you), Jason Puris of The Fin fishing social network nabbed a cap in my little Drift trivia contest. But instead of taking the goods and heading for the hills, Jason decided to return the favor - I received a fine t-shirt in the mail today that reminds all fly fishing folk to…

    KissYourFish
    Thanks Jason!

    Email me (or comment) with any questions - my contact information is here.

    Adieu.

    Senator Clinton: Let’s Keep People In Their Homes

    September 25th, 2008

    Senator Hillary Clinton:

    This is not just a financial crisis; it’s an economic crisis. Therefore, the solutions we pursue cannot simply stabilize the markets. We must also deal with the interconnected economic challenges that set the stage for this crisis — and reverse the failed policies that allowed a potential crisis to become a real one.

    Senator Clinton makes tremendous sense in the WSJ op-ed, but like many misses one crucial point. Saving those that are already underwater assumes there is nobody more creditworthy (and more patient) willing to step in once asset prices normalize. Most would rather have struggling homeowners think they are getting a fresh start, when all the process accomplishes is maintaining a semblance of bubble times and the perception of wealth.

    It exacerbates illiquidity and decreases economic mobility.