Archive for the ‘Crash of '08’ Category

12 prepacks in 2008: Bankrupcy Process Accelerates In Credit Crisis

Saturday, November 1st, 2008

Beating the clock

 

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EXECUTIVE SUMMARY

  • Restructuring timelines have been accelerated by factors like tight credit and lending conditions.
  • Companies are filing and exiting Chapter 11 in a matter of weeks, sometimes days.
  • The 2005 Bankruptcy Abuse Prevention and Consumer Protection Act helped compress bankruptcy timelines.

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110308%20judge.gifThe credit crisis isn’t the only crunch distressed companies face. As corporate restructuring timelines accelerate, debtors, along with their professionals and service providers, tackle a time crunch to accomplish in weeks what normally takes place over several months, or even years, in a traditional Chapter 11 corporate restructuring.

Corporate restructuring timelines have been accelerated due to factors such as tight credit and lending conditions, as well as by reduced time frames imposed by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Bankruptcy professionals must approach the Chapter 11 process even more strategically to keep pace with condensed timelines and to maximize the recovery for stakeholders. As a result, debtors find themselves saving significant time and costs associated with the bankruptcy process.

It was once not unusual to see the Chapter 11 process unfold over many years, reaching key milestones along the process until a company emerged from Chapter 11. Today we see more accelerated bankruptcies. Recently, we’ve seen examples such as a debtor who filed and emerged from Chapter 11 within a record 32 hours and a debtor who executed an equity-sponsored rights offering within months. We’ve also seen quick asset sales just days after a Chapter 11 filing as well as a rising number of prepackaged bankruptcies. According to BankruptyData.com, 12 prepacks have been filed in 2008; only four filed in all of 2007.

While debtors can benefit strategically from an accelerated bankruptcy, they also face increased procedural challenges. As an example, in the case of Bally Total Fitness Holding Corp., which filed a prepack and emerged in 51 days, the professionals and claims agent closely collaborated throughout this expedited time frame to ensure timely notice within the prepack requirements. Movie Gallery Inc., another example of a fast-paced case, quickly organized the team to assess nonperforming lease agreements with more than 4,000 retail locations, achieving an executed reorganization plan within seven months.

In addition, tight credit and lending conditions have made it much more difficult for companies today to secure debtor-in-possession financing and have encouraged debtors to move swiftly through the process. Furthermore, the bankuptcy measure of 2005 has also brought on even greater procedural challenges such as information dissemination to official committees as well as a reduced time frame to accept or reject lease agreements.

Accelerated bankruptcy timelines require sophisticated planning and coordination to ensure success. Companies and their professionals should follow some general principles to more easily navigate through increasingly compressed time frames:

Be smart. Corporate restructuring is both an art and a science. Make sure you enlist help from experienced restructuring specialists. From the lawyers to the claims agent, these specialists should have experience in handling the complexities of accelerated bankruptcy timelines.

Be quick. From preplanning to emergence, companies can achieve their goals fairly quickly with adequate strategy and agile execution.

Be prepared. Key company information should be accessible to help expedite the process and easily locate required records. Data needed during the process can include financial statements, vendor listings, employee-retiree listings, contracts and other valuable information.

Be transparent. Develop a strategic communications strategy to disclose progress to relevant constituencies during the restructuring process–from employees and vendors to financial institutions and the media. It is critical you know what to say, when and how to say it.

Be sensitive. When dealing with financial matters of this scale, emotions run rampant. Be sensitive to the needs of stakeholders, and provide reassurance that their matter is one of significance and is being addressed.

Companies, professionals and their service providers are under much scrutiny to accelerate the corporate restructuring process to maximize stakeholder recoveries and reduce the cost of bankruptcy. Now more than ever, they must approach Chapter 11 with as much advance planning as possible to ensure a successful emergence.

Jonathan A. Carson is a former restructuring attorney and president and co-founder of Kurtzman Carson Consultants LLC.

http://www.thedeal.com/newsweekly/community/beating-the-clock.php

Rescue Plan Faces Delays In Hiring Asset Managers

Tuesday, October 28th, 2008

Rescue Plan Faces Delays In Hiring Asset Managers

 

WASHINGTON — The Treasury Department’s plan to begin buying bad loans and other troubled assets has been complicated by delays in hiring financial firms to oversee the $700 billion program.

Treasury won congressional approval for the program on Oct. 3. It said at the time that it would quickly hire asset managers, and that the program could be up and running within a few weeks. (Please see related article.)

Several hurdles have arisen, including concern over the fees the government will pay asset managers, as well as a lack of manpower at Treasury, said people familiar with the matter. The delays have contributed to investor uncertainty about how effective the rescue plan will be.

Treasury is expected to hire managers soon, possibly as early as this week. In recent days, bond titan Allianz SE’s Pacific Investment Management, or Pimco, has received indications it will likely be accepted to manage assets for the Treasury, said a person familiar with the matter.

Hiring asset managers is central to Treasury’s rescue plan, which partly aims to restart credit markets by purchasing troubled assets clogging the books of financial institutions. The managers will help determine which assets to buy, when to buy them and whether to sell or hold them. Treasury has labored to ensure that each manager it hires is fully vetted, and that all potential conflicts of interest are examined and resolved, these people said.

The program is subject to strict oversight, and Treasury expects the Government Accountability Office, as well as Congress and the public, to closely scrutinize each agreement. The law instructed GAO to have staffers at Treasury and closely monitor the Troubled Asset Relief Program, or TARP.

One stumbling block is the fees the government will pay financial firms. They are not expected to be as high as a firm could get managing private assets. Treasury has been trying to figure out how best to structure the fees so it can attract managers — without overpaying. The fees could wind up being about 0.15% to 0.20% of assets, compared with 0.35% for managing typical institutional stock assets.

The program’s scope also has presented challenges to Treasury’s limited staff. The department received more than 100 applications and has been fielding dozens of calls from interested bidders. Complicating its efforts: While it was to trying to get the asset-purchase program up and running, Treasury shifted gears and began working on a plan to take equity stakes in banks, which siphoned off manpower.

Once Treasury gets managers on board, it could begin buying assets within a matter of weeks.

—Diya Gullapalli and Michael Crittenden contributed to this article.Write to Deborah Solomon at deborah.solomon@wsj.com

 

Copyright 2008 Dow Jones & Company, Inc. All Rights Reserved

http://online.wsj.com/article/SB122515763368474765.html

U.S. Is Said to Be Urging New Mergers in Banking

Tuesday, October 21st, 2008

U.S. Is Said to Be Urging New Mergers in Banking

Gerald Herbert/Associated Press

Treasury Secretary Henry Paulson said Monday that there was enough stabilization money left over to assist every qualified bank.

Published: October 20, 2008

WASHINGTON — In a step that could accelerate a shakeout of the nation’s banks, the Treasury Department hopes to spur a new round of mergers by steering some of the money in its $250 billion rescue package to banks that are willing to buy weaker rivals, according to government officials.

CNBC Video: Paulson Outlines Capital Purchase Plan

Related

Times Topics: Henry M. Paulson Jr.

Times Topics: Credit Crisis — The Essentials

As the Treasury embarks on its unprecedented recapitalization, it is becoming clear that the government wants not only to stabilize the industry, but also to reshape it. Two senior officials said the selection criteria would include banks that need more capital to finance acquisitions.

“Treasury doesn’t want to prop up weak banks,” said an official who spoke on condition of anonymity, because of the sensitivity of the matter. “One purpose of this plan is to drive consolidation.”

With bankers traumatized by the credit crisis and the loss of investor confidence, officials said, there are plenty of banks open to selling themselves. The hurdle is a lack of well-capitalized buyers.

Stable national players like Bank of America, JPMorgan Chase, and Wells Fargo are already digesting acquisitions. A second group of so-called super-regional banks are well positioned to take over their competitors, officials said, but have been reluctant to undertake or unable to complete deals.

By offering capital at a favorable rate, the government may encourage them to expand. In this category, industry analysts point to regional leaders, like KeyCorp of Cleveland; Fifth Third Bancorp of Cincinnati; BB&T of Winston-Salem, N.C.; and SunTrust Banks of Atlanta.

With $125 billion left over after investing in the nine largest banks, the Treasury secretary, Henry M. Paulson Jr., said there was enough capital to invest in every qualified bank.

“We have received indications of interest from a broad group of banks of all sizes,” he said at a news conference. “This program is not being implemented on a first-come, first-served basis.”

Mr. Paulson did not address the issue of bank mergers in his remarks, but officials say it has been widely discussed within the Treasury, the Federal Reserve and the Federal Deposit Insurance Corporation, which has been burdened in recent months by having to support teetering banks like Wachovia.

Providing capital to help facilitate a merger, officials say, is also a way to track how the capital is used. Some analysts have questioned how much control the government can exert over its investment, when it is injected into banks in return for nonvoting preferred shares.

“We think there will be pressure behind the scenes by Treasury to push together companies that should have merged months or years ago,” said Gerard Cassidy, a banking analyst at RBC Capital Markets in Portland, Me. “If you can create stronger companies, that is a positive.”

In selecting banks, Mr. Paulson said the Treasury would also rely on advice from the quartet of regulators who oversee the banking industry: the Fed, the F.D.I.C., the comptroller of the currency and the Office of Thrift Supervision.

But Mr. Paulson made clear that the final decision of who gets federal money rests with the Treasury. And he reiterated that the government expected the banks that got money to lend it out rather than hoard it — putting in a special plea for homeowners with troubled mortgages.

“We expect all participating banks to continue to strengthen their efforts to help struggling homeowners,” he said. “Foreclosures not only hurt the families who lose their homes, they hurt neighborhoods, communities and our economy as a whole.”

The Treasury’s bank rescue comes amid a rising clamor in Washington that the government should focus on helping mortgage holders directly. But officials say it is unlikely that the Bush administration will present a new plan for homeowners between now and the election.

“There’s no inexpensive, easy way to address the terms of people’s mortgages,” said Robert J. Shapiro, an economic consultant who is chairman of the globalization initiative of NDN, a left-leaning research group in Washington. “I think that’s why they haven’t addressed it.”

Most likely, he said, the campaigns of Senator John McCain and Senator Barack Obama will hone their own proposals. Then, if Congress reconvenes after the election in a lame-duck session, the new president-elect will try to push through a bill with new measures.

Under the terms of the $700 billion rescue plan approved by Congress early this month, the Treasury has authority to purchase whole mortgages. Treasury officials also note that Mr. Paulson has pressed banks and loan servicers to show flexibility in modifying loans to avoid foreclosures.

Still, Treasury’s recent efforts have been almost wholly focused on stabilizing the banks — first by proposing to buy distressed assets from the banks, and later by injecting capital directly into them. There were some signs in the credit markets Monday that those efforts were paying off.

On Monday, Mr. Paulson described a process for banks to apply for government investments that is little more complicated than the one-page term sheet he handed to the chief executives of the nation’s nine largest banks at a meeting last week at the Treasury Department.

The institutions, he said, must fill out a standardized two-page form and submit it to their primary regulator by Nov. 14. The Treasury will receive the applications, with a recommendation, from the regulator. Once it decides whether to inject capital, it will announce its investment within 48 hours. It will not disclose banks that withdraw or are turned down.

The Treasury’s program is open to large and small banks, as well as thrifts. Officials said they had received inquiries from other financial institutions, including insurance companies, but the plan did not provide for them.

Given the potential weakness of insurers, some analysts said the government should consider expanding the eligibility for capital injections. These analysts said $250 billion would not be enough.

“They should see themselves as having $700 billion to recapitalize the industry in creative ways,” said Simon Johnson, a former chief economist at the International Monetary Fund.

While the Treasury’s offer of capital is attractive, analysts cautioned that cash alone might not be enough to reshape the industry. Recent deals, they note, have featured distressed banks sold at fire-sale prices.

“There are a lot of obstacles to mergers in the banking industry,” Mr. Cassidy of RBC Capital Markets said. “I don’t know how the government could persuade banks to do deals at below book value.”

http://www.nytimes.com/2008/10/21/business/21plan.html?ref=business

Rise of the Machines

Sunday, October 19th, 2008

 http://www.nytimes.com/2008/10/12/opinion/12dooling.html?scp=1&sq=The%20Rise%20of%20the%20Machines&st=cse

October 12, 2008

Op-Ed Contributor

The Rise of the Machines

RICHARD DOOLING

Omaha

“BEWARE of geeks bearing formulas.” So saith Warren Buffett, the Wizard of Omaha. Words to bear in mind as we bail out banks and buy up mortgages and tweak interest rates and nothing, nothing seems to make any difference on Wall Street or Main Street. Years ago, Mr. Buffett called derivatives “weapons of financial mass destruction” — an apt metaphor considering that the Manhattan Project’s math and physics geeks bearing formulas brought us the original weapon of mass destruction, at Trinity in New Mexico on July 16, 1945.

In a 1981 documentary called “The Day After Trinity,” Freeman Dyson, a reigning gray eminence of math and theoretical physics, as well as an ardent proponent of nuclear disarmament, described the seductive power that brought us the ability to create atomic energy out of nothing.

“I have felt it myself,” he warned. “The glitter of nuclear weapons. It is irresistible if you come to them as a scientist. To feel it’s there in your hands, to release this energy that fuels the stars, to let it do your bidding. To perform these miracles, to lift a million tons of rock into the sky. It is something that gives people an illusion of illimitable power, and it is, in some ways, responsible for all our troubles — this, what you might call technical arrogance, that overcomes people when they see what they can do with their minds.”

The Wall Street geeks, the quantitative analysts (“quants”) and masters of “algo trading” probably felt the same irresistible lure of “illimitable power” when they discovered “evolutionary algorithms” that allowed them to create vast empires of wealth by deriving the dependence structures of portfolio credit derivatives.

What does that mean? You’ll never know. Over and over again, financial experts and wonkish talking heads endeavor to explain these mysterious, “toxic” financial instruments to us lay folk. Over and over, they ignobly fail, because we all know that no one understands credit default obligations and derivatives, except perhaps Mr. Buffett and the computers who created them.

Somehow the genius quants — the best and brightest geeks Wall Street firms could buy — fed $1 trillion in subprime mortgage debt into their supercomputers, added some derivatives, massaged the arrangements with computer algorithms and — poof! — created $62 trillion in imaginary wealth. It’s not much of a stretch to imagine that all of that imaginary wealth is locked up somewhere inside the computers, and that we humans, led by the silverback males of the financial world, Ben Bernanke and Henry Paulson, are frantically beseeching the monolith for answers. Or maybe we are lost in space, with Dave the astronaut pleading, “Open the bank vault doors, Hal.”

As the current financial crisis spreads (like a computer virus) on the earth’s nervous system (the Internet), it’s worth asking if we have somehow managed to colossally outsmart ourselves using computers. After all, the Wall Street titans loved swaps and derivatives because they were totally unregulated by humans. That left nobody but the machines in charge.

How fitting then, that almost 30 years after Freeman Dyson described the almost unspeakable urges of the nuclear geeks creating illimitable energy out of equations, his son, George Dyson, has written an essay (published at Edge.org) warning about a different strain of technical arrogance that has brought the entire planet to the brink of financial destruction. George Dyson is an historian of technology and the author of “Darwin Among the Machines,” a book that warned us a decade ago that it was only a matter of time before technology out-evolves us and takes over.

His new essay — “Economic Dis-Equilibrium: Can You Have Your House and Spend It Too?” — begins with a history of “stock,” originally a stick of hazel, willow or alder wood, inscribed with notches indicating monetary amounts and dates. When funds were transferred, the stick was split into identical halves — with one side going to the depositor and the other to the party safeguarding the money — and represented proof positive that gold had been deposited somewhere to back it up. That was good enough for 600 years, until we decided that we needed more speed and efficiency.

Making money, it seems, is all about the velocity of moving it around, so that it can exist in Hong Kong one moment and Wall Street a split second later. “The unlimited replication of information is generally a public good,” George Dyson writes. “The problem starts, as the current crisis demonstrates, when unregulated replication is applied to money itself. Highly complex computer-generated financial instruments (known as derivatives) are being produced, not from natural factors of production or other goods, but purely from other financial instruments.”

It was easy enough for us humans to understand a stick or a dollar bill when it was backed by something tangible somewhere, but only computers can understand and derive a correlation structure from observed collateralized debt obligation tranche spreads. Which leads us to the next question: Just how much of the world’s financial stability now lies in the “hands” of computerized trading algorithms?

Here’s a frightening party trick that I learned from the futurist Ray Kurzweil. Read this excerpt and then I’ll tell you who wrote it:

But we are suggesting neither that the human race would voluntarily turn power over to the machines nor that the machines would willfully seize power. What we do suggest is that the human race might easily permit itself to drift into a position of such dependence on the machines that it would have no practical choice but to accept all of the machines’ decisions. … Eventually a stage may be reached at which the decisions necessary to keep the system running will be so complex that human beings will be incapable of making them intelligently. At that stage the machines will be in effective control. People won’t be able to just turn the machines off, because they will be so dependent on them that turning them off would amount to suicide.

Brace yourself. It comes from the Unabomber’s manifesto.

Yes, Theodore Kaczinski was a homicidal psychopath and a paranoid kook, but he was also a bloodhound when it came to scenting all of the horrors technology holds in store for us. Hence his mission to kill technologists before machines commenced what he believed would be their inevitable reign of terror.

We are living, we have long been told, in the Information Age. Yet now we are faced with the sickening suspicion that technology has run ahead of us. Man is a fire-stealing animal, and we can’t help building machines and machine intelligences, even if, from time to time, we use them not only to outsmart ourselves but to bring us right up to the doorstep of Doom.

We are still fearful, superstitious and all-too-human creatures. At times, we forget the magnitude of the havoc we can wreak by off-loading our minds onto super-intelligent machines, that is, until they run away from us, like mad sorcerers’ apprentices, and drag us up to the precipice for a look down into the abyss.

As the financial experts all over the world use machines to unwind Gordian knots of financial arrangements so complex that only machines can make — “derive” — and trade them, we have to wonder: Are we living in a bad sci-fi movie? Is the Matrix made of credit default swaps?

When Treasury Secretary Paulson (looking very much like a frightened primate) came to Congress seeking an emergency loan, Senator Jon Tester of Montana, a Democrat still living on his family homestead, asked him: “I’m a dirt farmer. Why do we have one week to determine that $700 billion has to be appropriated or this country’s financial system goes down the pipes?”

“Well, sir,” Mr. Paulson could well have responded, “the computers have demanded it.”

Richard Dooling is the author of “Rapture for the Geeks: When A.I. Outsmarts I.Q.” .

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http://www.nytimes.com/2008/10/19/opinion/l19machines.html

Letters

Who’s the Boss, You or Your Computer?

 

Published: October 18, 2008

To the Editor:

Titus Neijens

 

Related

Op-Ed Contributor: The Rise of the Machines (October 12, 2008)

Re “The Rise of the Machines,” by Richard Dooling (Op-Ed, Oct. 12):

It’s true that computer models have tied a financial knot too complex for human understanding. Nevertheless, the financial crisis could have been prevented by regulations to limit leverage and to require transparency in the derivatives market. But now a much larger crisis looms later in the 21st century: the machines that are far smarter than humans.

But we need not despair if we turn to well-thought-out regulation and international coordination. The thoughts of such machines may be beyond our understanding, but we can require that they all be designed with benign motives.

Bill Hibbard
New York, Oct. 12, 2008

To the Editor:

The financial industry’s quant formulas are not beyond the layman’s understanding.

“Derivatives” may sound familiar from high school calculus; they are functions whose value is derived from the value of another, known function. In the present crisis, our error was in trusting Richard Dooling’s “geeks” to provide the machines with accurate functions.

The math wizards who built these models used overly optimistic theories about real-life situations — few foresaw stagnation in wages leading to high rates of foreclosure — to produce hypotheses, and then put real money into flawed models. Certainly the value of a derivative is positive when it depends on the assumption that ballooning adjustable-rate mortgages will continue to be paid, but what if borrowers default en masse?

We can’t afford to forget that math is a science, bounded by the same empirical rules as any other.

Michael Niland
Boulder, Colo., Oct. 12, 2008

To the Editor:

Richard Dooling suggests that we now have financial instruments that only computers can fathom, thereby disempowering, and even enslaving, their erstwhile human masters.

Mr. Dooling cites Dr. Freeman J. Dyson, the physicist, who has described his infatuation with the “seductive power” of “technical arrogance,” and then asks: “Are we living in a bad sci-fi movie? Is the Matrix made of credit default swaps?”

There is, of course, an alternative view: Dr. Dyson’s Los Alamos colleague, Richard P. Feynman, who famously said (and demonstrated through a number of brilliant, conceptually transparent books and lectures) that even the most abstruse concept should be explainable to anyone of normal intelligence using simple words, and props found around the home.

Caveat emptor.

David Sadkin
Bradenton, Fla., Oct. 12, 2008

To the Editor:

In noting that very, very complex financial transactions underlie the subprime mortgage mess, Richard Dooling repeats something that is true, but not important.

The technical complexity of these transactions is not relevant to a broad understanding of the financial crisis, which can be explained, I believe, in a very simple way: imprudent behavior on the part of supposedly sound financial institutions.

These firms did not do this because they did not understand the risks of complex financial instruments; they did this because they were, while the party lasted, making enormous sums of money.

As usual, it is something simple — greed — that best explains why people do what they do.

Ezra S. Abrams
Newton, Mass., Oct. 12, 2008

To the Editor:

Richard Dooling explains the dangers of computer-driven financial instruments, but I must protest his alarmist projection of “the havoc we can wreak by off-loading our minds onto super-intelligent machines.” We do not off-load our minds onto the machines — but off-load only certain reasoning processes, like algorithms.

Only a human could decide, like Warren Buffett, that these instruments are so complicated that I’m not going to trade them.

Bob Lucas
Oakland, Calif., Oct. 12, 2008

To the Editor:

The truth is that computers are created by humans. They are not superintelligent. Even on Wall Street, they merely count very fast at the behest of their human masters, and only fools or idolators imagine they are wise.

You don’t have to be a rocket scientist to look at the world around you and conclude that natural stupidity trumps artificial intelligence any time.

Emanuel Derman
New York, Oct. 12, 2008

The writer is director of the master’s program in financial engineering at Columbia University.