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Bankruptcy, not bailout

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    Bankruptcy, not bailout

    By Jeffrey A. Miron
    Special to CNN

    Editor's note: Jeffrey A. Miron is senior lecturer in economics at Harvard University. A Libertarian, he was one of 166 academic economists who signed a letter to congressional leaders last week opposing the government bailout plan.
    Economist Jeffrey Miron says the bailout plan presented to Congress was the wrong solution to the crisis

    CAMBRIDGE, Massachusetts (CNN) -- Congress has balked at the Bush administration's proposed $700 billion bailout of Wall Street. Under this plan, the Treasury would have bought the "troubled assets" of financial institutions in an attempt to avoid economic meltdown.

    This bailout was a terrible idea. Here's why.

    The current mess would never have occurred in the absence of ill-conceived federal policies. The federal government chartered Fannie Mae in 1938 and Freddie Mac in 1970; these two mortgage lending institutions are at the center of the crisis. The government implicitly promised these institutions that it would make good on their debts, so Fannie and Freddie took on huge amounts of excessive risk.

    Worse, beginning in 1977 and even more in the 1990s and the early part of this century, Congress pushed mortgage lenders and Fannie/Freddie to expand subprime lending. The industry was happy to oblige, given the implicit promise of federal backing, and subprime lending soared.

    This subprime lending was more than a minor relaxation of existing credit guidelines. This lending was a wholesale abandonment of reasonable lending practices in which borrowers with poor credit characteristics got mortgages they were ill-equipped to handle.

    Once housing prices declined and economic conditions worsened, defaults and delinquencies soared, leaving the industry holding large amounts of severely depreciated mortgage assets.

    The fact that government bears such a huge responsibility for the current mess means any response should eliminate the conditions that created this situation in the first place, not attempt to fix bad government with more government.

    The obvious alternative to a bailout is letting troubled financial institutions declare bankruptcy. Bankruptcy means that shareholders typically get wiped out and the creditors own the company.

    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.

    In contrast, a bailout transfers enormous wealth from taxpayers to those who knowingly engaged in risky subprime lending. Thus, the bailout encourages companies to take large, imprudent risks and count on getting bailed out by government. This "moral hazard" generates enormous distortions in an economy's allocation of its financial resources.

    Thoughtful advocates of the bailout might concede this perspective, but they argue that a bailout is necessary to prevent economic collapse. According to this view, lenders are not making loans, even for worthy projects, because they cannot get capital. This view has a grain of truth; if the bailout does not occur, more bankruptcies are possible and credit conditions may worsen for a time.

    Talk of Armageddon, however, is ridiculous scare-mongering. If financial institutions cannot make productive loans, a profit opportunity exists for someone else. This might not happen instantly, but it will happen.

    Further, the current credit freeze is likely due to Wall Street's hope of a bailout; bankers will not sell their lousy assets for 20 cents on the dollar if the government might pay 30, 50, or 80 cents.

    The costs of the bailout, moreover, are almost certainly being understated. The administration's claim is that many mortgage assets are merely illiquid, not truly worthless, implying taxpayers will recoup much of their $700 billion.

    If these assets are worth something, however, private parties should want to buy them, and they would do so if the owners would accept fair market value. Far more likely is that current owners have brushed under the rug how little their assets are worth.

    The bailout has more problems. The final legislation will probably include numerous side conditions and special dealings that reward Washington lobbyists and their clients.

    Anticipation of the bailout will engender strategic behavior by Wall Street institutions as they shuffle their assets and position their balance sheets to maximize their take. The bailout will open the door to further federal meddling in financial markets.

    So what should the government do? Eliminate those policies that generated the current mess. This means, at a general level, abandoning the goal of home ownership independent of ability to pay. This means, in particular, getting rid of Fannie Mae and Freddie Mac, along with policies like the Community Reinvestment Act that pressure banks into subprime lending.

    The right view of the financial mess is that an enormous fraction of subprime lending should never have occurred in the first place. Someone has to pay for that. That someone should not be, and does not need to be, the U.S. taxpayer.

    The opinions expressed in this commentary are solely those of the writer.
    Chapter 7 Filed - 11/27/07
    Discharged - 2/29/08
    Unsecured Debt Discharged - $162k +/- (small business, personally guaranteed)
    Finally Closed - 3/1/09

    #2
    I agree. I'm already paying for too many welfare families now. That is why there are few "traditional" families (meaning stay at home mother). It takes two, one to pay taxes the other to support the overpriced house. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

    Comment


      #3
      Yep I agree

      In fact in one of my letters to my congresswoman and Senators I pointed out the BK reform of 2005 and that these companies could file bk papers without further action by congress which would in time get things moving again ( I think in a shorter time than the bailout )
      May 31st, 2007: Petition Filed by my lawyer
      July 2nd, 2007: 341 Meeting Held
      September 4th, 2007: Discharged and Closed.

      Comment


        #4
        If a Chapter 13 works for us, why wouldn't it work for them????
        I too think its not the responsibility of the tax payer to bail out large companies that over extend themselves...... especially when their CEO's walk away with $$$$$$$ (millions) in severance payments.

        If the "little business" has to file bankruptcy, then it should apply to the "big companies" also, and if they are govt funded....... why isn't the govt. keeping an eye on whats going on????

        The ole right hand doesn't know what the left hand is doing routine.........
        Minny

        "It's amazing the paths that our feet sometimes follow in life".

        My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

        Comment


          #5
          If the "little business" has to file bankruptcy, then it should apply to the "big companies" also, and if they are govt funded....... why isn't the govt. keeping an eye on whats going on????
          They know. The politicians are friends with the big companies and what really sucks is it does not matter what country the money ends up in thru wall street, as long as the politicians scratch the backs of the wealthy and the wealthy donate money for them to campaign & stay in power. They are above the laws and when you have enough money you can make & break any law you wish to break.

          This is a little different than the bottom slowly falling out on the floor- This is the pressure cooker finally exploding all over the ceiling and walls...kind of hard to hide it and was a long time boiling.

          These are the areas where I have always disagreed with Reaganomics. We need to borrow money to give the richest people in the world more tax breaks? LOL! Like anything, there will be pros and cons no matter what direction it goes.

          Comment


            #6
            Big fish eats small fish world.

            Comment

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