Friday's Detroit Free Press and today's San Diego Union-Tribune feature an op-ed I authored about the Treasury Department getting into the credit card business. I argue that interchange and billing tricks and traps are integral parts of a business model that encourages reckless lending and irresponsible borrowing, which is why Treasury is having to step in in the first place. If we're going to bailout the card industry, we should make sure that the business model changes so we don't end up here again.
more...The ECB and the Bank of England are almost certain to cut interest rates, and other news
• REPRESENTATIVES of over 190 countries gather in Poznan, Poland, on Monday December 1st for UN sponsored climate-change talks. Ambitious plans to cut carbon-dioxide emissions may be put on the back-burner as countries struggle to tackle the problems of the credit crisis and a nasty recession in the developed world. But rich countries will doubtless congratulate themselves on various “green” initiatives included in stimulus packages announced to combat the economic downturn.
For background, see article ...
Ronald Trost is surely one of the sharpest minds in Chapter 11. He negotiated the Chrysler non-bankruptcy bankruptcy back in 1979. (His work is highlighted in Moritz & Seaman, Going for Broke: The Chrysler Story. Jay Westbrook and I still use an excerpt from that book to introduce Chapter 11 negotiations to law students in our casebook.) Ron has recently retired, but he hasn't slowed down a single step. In fact, he's laid out a plan for reorganizing GM.
The plan is ingenious. Believing that there's not enough time left to negotiate a consensual Chapter 11 for GM, Ron has an alternative. He takes the best elements of Chapter 11, then short circuits much of the negotiation process to reflect the current economic realities. He shows how Congress could pass a law to resolve many of the most intractable problems, offer government guaranteed financing, and effectively impose a rapid settlement on all the parties. It is a tough-love solution that imposes some pain on everyone, which is exactly what we should expect from a tough-love kind of guy like Ron.
Read the piece because Ron has a creative idea for saving the auto industry. But for those Chapter 11 afficionados who hang out on this site, read the piece because Ron offers us a vision of the limits of Chapter 11 and ways--in an emergency--to deal with those limits.
This is the first seriously new thinking I've seen: Tough love that might work.
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