I spent the weekend at the California Bankruptcy Forum annual conference, which 
was held in Indian Wells near Palm Springs.  Nothing like golfing in 115 degree 
weather.  Wilbur Ross was the luncheon speaker.  He certainly has a commanding 
presence.  He is investing big time in the morgage and loan servicing business. 
 He thinks it will take another year to work out of the present mess.  His 
statements were relatively conventional wisdom.  He shared the following 
anecdote.  His son, a Wall Street investment banker, was golfing at his club on 
Long Island, and his caddy asked him for some advice.  Apparently the caddy 
owned ten condos in Arizona and wanted to know whether he should walk away from 
the mortgages.  Ross' son asked some questions of the location of the 
properties, etc., and the caddy had no clue.  That is is the crisis in Ross' 
eyes -- people with no clue getting loans from people with no clue and then 
making investments with no clue.

Raghu writes:

>> It is important to understand that the financial world has changed
>> since the days of Drexel. Bear, Lehman and others have played the Fed
>> like a fiddle, because they have very deliberately and consciously
>> made themselves too big to fail, and then stripped their own companies
>> of assets by paying themselves fat bonuses. (Drexel, unlike Bear, was
>> not involved in a complex web of credit default swaps that had the
>> potential of causing cascading failures.)
>> 
>> I think you are way overestimating the stability of the financial system.

I came of age as a bankruptcy lawyer in the early 90s.  Great time to be a 
bankruptcy lawyer.  The financial markets had taken a double hit: (1) the tax 
reform of 1986, which effectively pulled the rug on a lot of tax-sheltering 
investments, and (2) the indictment of Milken and fall of Drexel, which 
effectively pulled the rug on the junk bond market.  It took about 5 years for 
the consequences to work their way though the system.  And that's my point.  
The United States has the institutions  -- bankers, investors, lawyers, courts 
-- to deal with these problems.  The assets were reallocated and the market, 
after significant pain for a lot of people, went on its merry way.

I see no reason why the present is any different.  Arguably, and very 
ironically, Bear Stearns is what we call "bankruptcy proof," meaning a chapter 
11 filing would not stay the exercise or rights and remedies against Bear 
Stearns, because the investment banks passed legislation that exempts most 
securities transactions from the bankruptcy stay.  However, if there was a 
cascade of defaults, the financial institutions, by which I mean the investment 
bankers, lawyers, courts, etc., have the ability and flexibility to ultimately 
resolve the problems.  There will be lots of litigation.  Lots of people will 
lose lots of money.  But the assets will get reallocated and the market will go 
on its merry way.

David Shemano

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