bankruptcy

A Modest Plan to Save California from Itself - Part One: Education

California is broke. Period. And its bankruptcy is caused by two problems: stubborn, intractable politicians and resource curse. First things first. California is the Left Paradise, a place where every nutty leftist policy available has been put in place. Second, California suffers from resource curse. America's most populous state, nice climate, huge areas for agriculture, world-class universities and so on made California one of the richest places on Earth. When you mix California leftism  with its own resources, you've just created an entitlement state. Everyone in California has a claim against the government, no wonder California has been running on deficit for years just to pay a very bloated government.

If California wants to avoid the fate of becoming a failed state, there are some things that may help avert that:

Education

  • Kill off the California Department of Education, State Board of Education, letting counties run K-12 education as they see more adequate to their realities and challenges.
  • Create a statewide voucher program that can be used in both public and private schools. The key idea is fund the student, not a heavy, union-controlled education bureaucracy.
  • Voucherization of education should also include universities and community colleges. California's public higher education institutions should be totally free to charge whatever they want, cutting off any financial ties with state's treasury. In order to prevent people from choosing majors like "Impacts of Global Warming of Feminist Struggle Against Capitalism", at least half of university voucher must be paid back to the state.
  • Free public schools from burdensome regulations, especially those concerning hiring and firing of personnel.

Feel free to suggest any other idea to save CA's education.

Slouching Towards Bankruptcy

Podcast Show Notes

Gay Gene no more. (Hat Tip: Idaho Values Alliance.)

Yes we can...have military tribunals.

No, we can't...release torture photos.

Social Security and Medicare accelerate path towards bankruptcy . (Hat Tip: Michelle Malkin.) 

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Obama alters the bankruptcy deal

"[C]onstraints become much less effective, and may well be evaded, if the motive force behind governmental action is 'do-goodism.' The licentious sinners we can control; the saintly ascetics may destroy us." - Geoffrey Brennan & James M. Buchanan

The Obama administration's unilateral, ad hoc rewriting of bankruptcy process is disturbing, as a matter of both finance and rule of law.  As Megan McArdle writes...

[W]hen did it become the government's job to intervene in the bankruptcy process to move junior creditors who belong to favored political constituencies to the front of the line?  Leave aside the moral point that these people lent money under a given set of rules, and now the government wants to intervene in our extremely well-functioning (and generous) bankruptcy regime solely in order to save a favored Democratic interest group.

Nor is it reasonable for Obama to complain that creditors "were hoping that everybody else would make sacrifices, and they would have to make none".  In fact, those creditors were offering to take a 60% loss on their investment (even less than they would get in bankruptcy). 

"You guys suck" is not actually a part of US law.

More from Megan McArdle, Tom Maguire and Ed Morrissey.  I'm reminded of another quote...

"I am altering the deal. Pray I don't alter it any further." - Darth Vader

 

Dead Ed, The Collapse, And eBay Saves Us All

This is a repost of an entry I wrote for QandO a few days ago. I'm reposting it here, for a different audience to get a look at it.

It is a lengthy think piece, and it may be completely off base. But the fundamental point I think we should be looking at is this: We are, quite possibly, watching the collapse of the Post-WWII global financial system. The first collapse in the 1930s saw off the Gold Standard. This collapse will probably see off the concept of government-backed fiat currencies.

So, what happens then?

Bankrupt solution from a bankrupt senator

Chris Dodd and his friends are at it again. Evidently the new silver bullet to the irresponsible mortgage lending over the past decade they promoted is to allow borrowers to stiff creditors in the bankruptcy courts.

http://finance.yahoo.com/news/Citi-reaches-deal-with-apf-14010721.html

Now, I'm not familiar with all the details herein. The bill is not final.  But the larger point is that Congress about thirty years ago decided first mortgages should be made inviolate in bankruptcy. The reason was to guarantee the other creditors bore the brunt of the borrower's misfortune. By placing first mortgages in a superior position, lenders could charge less on interest rates and points since they had a greater chance at asset recovery. See the Supreme Court's take on this

Now we see decades of good policy that benefited a generation of honest homebuyers thrown away to reward the profligate and inept. The worst of this is that the courts needn't get involved here.  After a bankruptcy filing, the bank and borrower can do a  "reaffirmation agreement" to preserve the old mortgage. At that point, the interest rates can be reduced and arrearages deferred until the property is sold or refinanced.  Mutual benefit for bank and borrower.

But now we will have a judge present to impose terms. And in this environment, expect banks to be perceived as the fall guy. This can take the form of interest rate reductions     (not so bad; especially when predatory lenders gouge) and elimination of some of the principal balance (a/k/a "lien stripping")   which is absolutely horrible and inequitable.

Why?  Well it rewards people who borrowed too much money, that's why.  Let's say I borrow $200,000 and default, and my house is now only worth $150,000. If I can "cram down" the mortgage to the current, depressed principal value and the value of the house goes back up to $200,000, I can sell the place, pocket $50,000, and stiff the bank for the $50,000 the bankruptcy judge took off the mortgage.

This has been the bane in some jurisdictions of lenders on 2-4 family homes where courts did not follow Nobelman.    I speak from experience defaulted borrowers walked away with windfalls...espcially if they got the judge to buy a lowball appraisal.

So, a new law that penalizes thrift, rewards defaults, and gives some people sweetheart deals. Can you say "moral hazard" ?

Perhaps the biggest irony here is Chris Dodd wants the bankruptcy courts to give a windfall to people who bought McMansions they couldn't afford     but refused to sign off on a proposal that would allow bankruptcy courts to save GM 

When it comes to the subject of bankrupcty, perhaps Senator Dodd is an expert.

UPDATE:  Evidently the Banking industry in general (much if which is NOT Wall Street) is NOT aboard this plan, and is blasting Citigroup as kowtowing to the DC politicians who bailed them out.

I suppose this is what happens when Dick Durbin and Chris Dodd become the executive committee of a money center bank

Bank industry slams lawmaker-Citi mortgage dealWASHINGTON/NEW YORK (Reuters) - A top bank industry group said on Friday that it opposes an agreement between Citigroup Inc and Democratic senators that would rewrite U.S. bankruptcy law to help troubled mortgage borrowers avoid foreclosure, saying it could make home loans more expensive

 http://www.washingtonpost.com/wp-dyn/content/article/2009/01/09/AR2009010901646.html

 

Carmakers need Delta Model, Not UAW Bailout

The hard reality is that the Big Three automakers could be facing bankruptcy if they don’t get a combined $14 billion in “loans” in order to stay in business and support their business model. However, the reality is that this is really a bailout of the United Autoworkers who need this bailout to keep their wages and benefits even as General Motors, Ford, and Chrysler go down the tubes.

Everyone has been talking about how we need manufacturing jobs and not bankruptcy of the Big Three. However, I will give you the reason why Ford, General Motors, and Chrysler need to pursue a Chapter 11 bankruptcy filing. I give you Delta Airlines.

As early as 2004 and in to 2005, Delta pursued cost-cutting measures that ended up cutting service, but did nothing for both executive pay and the pay received by union employees working for Delta. Everything came to a head with the company’s Chapter 11 filing on September 14, 2005 citing fuel prices and high labor costs.

While the company was in bankruptcy, unionized airline pilots took a cut in pay of 14 percent, executive officers took one of 15 percent, and CEO Gerald Grinstein took one of 25 percent. Also, the company laid off somewhere between 7,000 to 9,000 of the 52,000 employees.

On April 25, 2007, Delta had their bankruptcy strategy approved and emerged from bankruptcy five days later. This proves that a Chapter 11 filing will not kill a company, but restructure it so that it can function free of constraints from management and the unions and make a profit in order to stay viable.

According to the Heritage Foundation, GM, Ford, and Chrysler are paying $73.26, $70.51, and $75.86 in per-hour wages and benefits respectively. By comparison, the foreign carmakers like Toyota, BMW, Nissan, Honda, and Mercedes are profitable thanks to their locations in right-to-work states like Alabama, Georgia, Tennessee, and South Carolina at a fraction of what the Big Three pay in wages and benefits. This does not include the new Kia plant that will employ 2,500 new autoworkers in West Point, Georgia at just $17 per hour in wages. On a side note, the average American makes only $25.36 per hour in the same category.

Business executives and owners (past and present) are irritated by the difference in the earnings between the two biggest car-selling companies in the world, GM and Toyota. Last year, both companies sold 9.37 million cars each. The difference became the labor costs with GM posting a loss of $38.7 billion (a loss of $4,130.20 per car sold) versus Toyota making a profit of $17.7 billion ($1,889.01 in profit per car sold). The Big Three are fighting a losing battle thanks to the UAW who wins if the bailout passes.

What would be simple to avoid any bankruptcy would be for both sides to agree to necessary pay cuts. The UAW isn’t willing to do it because they will lose all leverage in negotiating. Where are the CEO’s telling these union thug bosses that they can either have their jobs at a lower wage or have no jobs at no wages?

All of this has led to Americans losing sympathy for the unions, who have been noticeably absent in the media’s coverage of the ongoing behind-the-scenes work on the bailout. As it would turn out, there are reasons why the American people no longer want to support the unions.

First, more Americans work in white-collar jobs that pay higher wages and provide more benefits because of the skill and education required to obtain and keep those times of jobs. When Americans were making more money during the 1980’s during the Reagan years and the new types of business leaders that were making changes for the better while maintaining and increasing profitability, the sympathy for unionization went out the window and down the drain.

Second, there are the list of high-profile unions that have gone on strike and why they did. Consider that in my lifetime, the biggest strikes were in Major League Baseball, the National Football League, the National Basketball Association, the National Hockey League, and the Screenwriters Guild. All of them wanted just one thing: more money.

When you have even the bluest of blue-collar workers being told to support millionaires on strike, even they begin starting to think the unions have outlived their usefulness. No longer are they fighting overbearing bosses, dangerous working conditions, or oppressive hours. The unions are fighting for the almighty dollar and for political influence and clout.

It’s time to tell the automakers to drop dead to force bankruptcy so that we can restructure the costs of the manufacturing sector so as to compete with the global economy. As long as we are bailing out failed companies in pro-union states thanks to the unions at the expense of taxpayers in successful right-to-work states, America will never be able to compete with the rest of the world.

"Plastic my son, Plastic" (or Barack Obama & the Biden/MBNA family)

I guess I have to take a break from following my own senior senator Chris Dodd (D-Countrywide) since he skeddalled off to Ireland and may have slipped back into the country while eluding the press.

Now I have another ethically challenged Senator out there, and I can share my knowledge of the financial services field to explain this latest faux pas.

The line in the title is from The Graduate, but plastic in the form of credit cards has made many young men in Delaware (a hotbed of finance) very rich. One, of whom, was Senator Joe Biden's son. 

 A son of Democratic vice presidential candidate Joe Biden was paid an undisclosed amount of money as a consultant by MBNA, the largest employer in Delaware, during the years the senator supported legislation that was promoted by the credit card industry and opposed by consumer groups.

David Wade, a spokesman for the Obama campaign, said that "after working in the Clinton administration in the Department of Commerce on Internet privacy and online commerce issues, Hunter consulted for five years as an expert on these very same issues at a time of enormous expansion in online banking."

At the time Hunter Biden was receiving consulting payments from MBNA, he also was a Washington lobbyist at a firm he had co-founded.

"He was not a lobbyist for MBNA, and his work had absolutely nothing to do with the bankruptcy bill. Zero. Nothing," said Wade. 

http://news.yahoo.com/story//ap/20080825/ap_on_el_pr/biden_mbna

Moveon.org= Partisan hack hypocrites

If there was a smidgen of doubt Moveon.org was a bunch of unprincipled hypocritical hack partisan Democrats it was completely erased tonight. 

This e-mail is being circulated by Moveon.Org. 

 Dear MoveOn member,

The wait is over! Just hours ago, Barack Obama chose Joe Biden as his vice president.

Now, we're offering FREE Obama/Biden stickers—and we want to give away half a million of them as quickly as possible. Want one?

Click here to get yours free:

http://pol.moveon.org/barackstickers/?id=13561-9234983-Y608Khx&t=4

Fact: The leading supporter of bankruptcy law reform in the U.S. Senate is Joe Biden

what was Moveon's position on bankruptcy reform?----purge the supporters!

 

 

 

From: "Tom Matzzie, MoveOn PAC"
Mon, 11 Apr 2005

Deadline: Heinous bankruptcy bill--show Congress you're watching.

Dear MoveOn member,

A great majority of the families that declared bankruptcy last year did so because of a major life crisis—huge medical bills or layoffs—that threw them into a spiral of debt. Now, after a multi-year, multi-million dollar lobbying effort by credit card companies, Congress is poised Wednesday to approve a sweeping change in bankruptcy law that would make it impossible for folks who have been dealt a bad hand to get a clean start. The law actually gives credit card companies new ways to seize your home and car if you get into financial trouble.

After accepting more than $620,000 from the lending industry to his various PACs, Republican Majority Leader Rep. Tom DeLay has scheduled the vote for Wednesday. The change in bankruptcy laws is a clear example of whose interests the Republicans in Congress are serving. But, in a betrayal of middle class families, as many as 90 Democrats may also vote the wrong way. Both Republicans and Democrats need to know that millions of us oppose this bonanza for corporate contributors that hurts families who are the victims of circumstances beyond their control.

We need to show Congress that we're watching. Today we're asking you to make a pledge to contribute for radio ads in the hometowns of representatives, both Republicans and Democrats, who vote wrong on this bill. We'll announce the amount of the pledge fund TOMORROW, before the vote on Wednesday, so that members of Congress know there are consequences for their votes.

Please click below to check out the script of the radio ad and make your pledge today:

http://www.moveonpac.org/radiopledge

http://www.democrats.com/node/4238

Yep, before Biden supported a "heinous" bill that was "a betrayal of middle class families"

Now, they give away his bumper sticker.

Shameless!

 

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