Showing posts with label Bailouts. Show all posts
Showing posts with label Bailouts. Show all posts

Monday, June 1, 2020

Bailouts, bankruptcies and the Middle Class


Our pre-pandemic stop in the Atlanta suburbs to visit my brother and his wife began a months-long dialog about the state of the nation.  On that occasion, we shared wine and political views --  simultaneously.  That can be a deadly combination but we somehow, we managed our way through it without resorting to violence.  Kidding aside, we had no major differences of opinion largely because we are members of the American, suburban middle-class. 

Our political views are affected by our shared values.  What the suburban middle class has always had in common is our desire to provide a secure home for our families, to support our children’s aspirations and to be financially secure in our retirement. Yes, we have that in common with others who are not in like socioeconomic circumstances.  But the middle class have shared experiences that bind us.  We have endured the ups and downs of the economy, job losses, mortgage crises without an expectation that a government bailout will carry us through.  My brother and I both have been small business owners.  We have gone through years of reduced or no income and still managed to pay the mortgage and save for our kids’ college education.  

I have always assumed we were in good company – that our neighbors shared our values and habits.  But, as I wrote last year (Borrowing Our Way to the American Dream), middle-class families are carrying more debt than they should to maintain their lifestyle.  Middle class living became more luxurious as two income families became prevalent.  Two jobs mean you need two reliable cars (we had one when I was a kid). All that hard work deserves a bigger house and bigger houses mean the kids no longer have to share bedrooms (as we did).  After school activities require big expenditures for travel and sports equipment (it was free, or we didn’t do it).  

In a recent email from my brother, he expressed his astonishment (okay, he ranted a bit) over a news report “showing long lines at food banks.”  The report was a public service call for contributions to keep the food bank stocked. Unemployed middle-class people were understandably concerned their children might go hungry.  His reaction matched my own although he was more eloquent: “You’re driving a frickin’ new SUV and you don’t have enough cash to buy food?”  

It’s hard for me to imagine that the combination of weekly unemployment checks and a $600 kicker from the federal government will cover all their expenses.  So, yeah, they’re suffering, at least in the short term.  But, as my brother ranted, “I made personal sacrifices to save money and plan for contingencies.  Now, these people are asking for my money to feed their kids.   These are the same people that claim they can’t afford health insurance and college is too expensive.   Their priorities are clear.  They want that brand-new SUV, but they want someone else to be their safety net.  I [have] the same anger when I hear politicians talk about ‘college for all.’  Wait a minute, I [sacrificed] to save in a 529 account.  Why can’t they do that?”

We now live in Bailout Nation.  Our government overextends itself in good times and, therefore, lacks the capacity to respond to crises.  And, the same can be said for families and businesses.  Our last firewall against total disaster is – as it was during the 2008/09 financial crisis – the Federal Reserve.  During this pandemic, those in government have the same rational fear as a decade ago.  The crisis may be more than our economy can endure.  So, we flood it with newly minted cash.  

But this time is different. In the weekly newsletter of the American Institute for Economic Research, Scott Burns describes how the Fed has used its emergency powers in this crisis.  The last crisis affected the financial system.  This one is in the “real economy.”  That has cast the Fed in the role of commercial bankers lending to businesses by purchasing corporate bonds and extending credit directly to companies a banker wouldn’t touch.  Something the Fed has never been good at.

Much like my brother, the companies that have managed their balance sheets well don’t need and won’t get relief.  Those that have been profligate get a bailout under favorable terms.  Our economic future would be made more secure if those companies were to go through Chapter 11 reorganization under the bankruptcy code.  The shareholders would lose everything; the bankers would take a haircut.  But the companies’ operations would continue under new ownership, ownership that would be more careful to avoid that same fate.  And, a hard lesson would be learned by the next generation of corporate leadership. 


Of course, crisis conditions place us at risk were we to allow this to happen.  Were too many companies to fail all at once, it could cause a supply shock to the economy accompanied by massive unemployment.  The depth of economic harm could cause another Great Depression.  

So, how did we get here and how should we move forward?

Burns refers to the work of George Selgin on this matter.  It’s difficult to summarize his 322-page whitepaper in a few sentences.  But I’ll give it a try.  Just STOP!  The Fed should outline its operating framework in such a way that those who run banks and industrial companies know what facilities might be available to them under crisis conditions – PERIOD.  

Oh, and there’s one more thing.  One should ask why so many corporations have placed themselves in jeopardy.  The answer is they are doing what the federal tax code incentivizes them to do.  Capital gains are taxed at a lower rate than personal or corporate income.  So, companies engage in extensive borrowing at the aforementioned zero interest rate and use the cash – not to invest it in building a better company – but rather to buy back their own stock, raising the price and lining the pockets of officers, directors and shareholders.  

Raise interest rates to a more normal range, eliminate the disparity in the tax code and watch what happens.  By the time of the next crisis, we might be better prepared.  

WHO WILL LEAD? 

Sunday, February 26, 2012

Bailouts and Bankruptcies: What’s the Right Thing to Do?

I’ve started to wonder if this blog is still about LEADERSHIP – its original mission – or if it’s about cars. My last entry (Clint vs. Karl: Yeah, But What About the Cars?) focused on the validity of Chrysler’s claim in their "Halftime in America" ad on the Super Bowl. My assertion – that cars manufactured by the Big 3 are every bit as good as the foreign competition -- has since been borne out J.D. Power & Associates. Their most recent survey of the reliability of three year old cars ranked four American brands in the top 10 (Ford, Lincoln, Buick and Cadillac) and clearly observed that there are no more poor quality cars sold in America. Even those at the bottom of the survey’s list report very few problems and their reliability was not significantly different (statistically speaking) from those at the top of the list.


Most respondents to the posting told stories of cars they have owned for a long time, ranging from an ancient Land Rover Defender to a classic 68 Olds to a late model Chrysler 300C. Others lamented the fate of GM, a once great American manufacturing company.

One response, from my old friend Bob Cannan, stood out because it addressed the GM and Chrysler bankruptcies. While Bob conceded that the Chrysler ad was just that (an ad to sell cars), he continues to be disturbed by the government’s bailout of 2 of the Big 3.

“I think what I and others worry about is the idea that the American people, who understandably would mourn the loss of the American auto industry, will now come to believe that the ends have justified the means. The government, in other words, saved Chrysler and GM.” Said Bob. Going further, he protests:

“But this could have been done, and should have been done, by conventional bankruptcy.

“In conventional bankruptcy, a judge could have called all contracts into view, including the union’s. I’m sure that a restructured GM, emerging from the court of a skilled bankruptcy judge would have been much stronger than the one we see today. And the process would have been legal.

“Instead, the rights of bondholders and existing stockholders were violated. It’s grand larceny in my opinion. Repugnant. Reprehensible. The stock was distributed to the unions. Directly.”

For the most part, I agree with Bob. Indeed, I would take it a step further. The seeds for the current public expectation, that government will step in, were sown by the original Chrysler bailout in 1980. If Chrysler had been allowed to fail then, how much stronger might the rest of the industry have been in 2008? That bailout was the first step on the proverbial slippery slope.

That said, I think that the period of time between the Lehman bankruptcy and the GM bankruptcy -- a period of about 9 months -- was one of the most extraordinary of our lifetime. I believe it was George W. Bush who said, "I’ve abandoned free market principles to save the free market system." It's now easy to analyze the mistakes of the 9 month period in question. However, when we were in the middle of the storm, the fear of collapse dominated everyone's mentality.

What about the assertion that it was not legal?

We often hear that our nation is governed by the “rule of law”. The founders ensured that the elected legislature made the rules and not a sovereign. In the minds of many, “rule of law” conjures images of criminals going to jail. However, its most common application is the execution of contracts. In the case of GM and Chrysler, those contracts were loans, corporate bonds, supplier purchase orders and union agreements.

A Bankruptcy Court is not a court of law; it is a court of equity. In simple terms, the judge gets to decide what’s fair and equitable. It doesn’t matter what the contracts say. In a sense, they break the law by setting aside existing contracts.

In the GM bankruptcy, there was no commercial lender – bank, private equity fund, non-bank lender – who could or would step in to finance the company’s continuing operations. So, rather than let GM fail, presumably taking down much of the supply chain with it and putting hundreds of thousands of people out of work, the government stepped in as the Debtor in Possession (DIP). Were it not for their loan during the GM bankruptcy proceeding, GM would have ceased to operate. For most companies, that would have meant liquidation.

Would a willing buyer have stepped up to acquire the Buick Division or Cadillac? Not likely. Not then anyway.

More often than not, the DIP is also the ultimate buyer. And, the buyer’s desired outcome is usually the key factor in determining the final deal that is approved by the bankruptcy judge. So, the government structured the outcome.

When the government gets involved in business, the results get distorted. In this case, the distortion took the form of an allocation of a significant share of GM to the UAW. Believers in free market capitalism find this reprehensible as do I.

So, what do you think? If the government hadn’t stepped in to save GM and Chrysler, would the economy have collapsed? Moreover, was the GM bailout an example of extraordinary LEADERSHIP in a time of crisis or a nail in the coffin of the American free enterprise system?