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I was against this a month ago, but more and more I'm thinking we should just renege on any contract that wasn't purchased directly as insurance against default.

In other words, if you invested money in one of these lenders, and then you bought a CDS, then you deserve to get your money out.

But for those who purchased the swaps without any stake in the bank itself, well, you go fly a kite.

Maybe we'll give you the fees back from the bank coffers.

But what were you doing in the first place buying these things when you had no stake?

That's on you.

I know this would cause quite an upset in the system, reneging on a legal financial instrument, but look where we are. The instrument itself was only made legal by the likes of shady dealers such as Phil Gramm who helped engineer the Enron scam.

by Upstate NY on Wed Nov 19th, 2008 at 11:46:39 AM EST
I also suggested canceling all derivative contracts back it seems like an eternity, but I believe it was late September.  Sort of like surgery with a meat cleaver.  Your approach is more appropriately nuanced.  Another idea would be to limit recovery by anyone from investment in these instruments to $100,000 or less  Most of the benefits went to the very wealthy.  The maddening aspect of this is getting anyone with real influence to consider something that might help.  

They know something is wrong and don't like it.  They know that it involves abuses of deregulation, or that some of that deregulation was itself abusive, but they seem unable to see that the whole neo-classical approach was only propaganda to cover systematic looting.  We need to break the spell and reject the entire frame--as a country--as a world economy--while there still are such things remaining to us.

If sanity be culturally normative, then by the norms of this culture I claim insanity.

by ARGeezer (argeezer a in a circle yahoo dot com) on Wed Nov 19th, 2008 at 01:16:37 PM EST
[ Parent ]
Do it with a meat cleaver or a steak knife, just do it.

As I see it the main current problem is the transition phase we are in now where everyone is holding on to their chips and begging the bank - i.e. Paulson and his collegues around the world - for more.

I think we need transparency more then anything. Removing all these exotic crap is one way, another is forcing greater transparency (and thus faster bankrupcies) so that the new owners can take over, a third would be to put up new institutions of credit and clearly signal that old ones will not be propped up - again causing faster bankrupcies in insolvent companies.

by A swedish kind of death on Thu Nov 20th, 2008 at 12:51:18 AM EST
[ Parent ]
But yeah, the main problem is how the hell we could stand any chance of getting any solution that sacrifices the fictive fortunes of the wealthy in order to create transparency. I have no idea really.
by A swedish kind of death on Thu Nov 20th, 2008 at 12:53:34 AM EST
[ Parent ]
bankruptcy. Taken wholesale, his idea is unworkable, because the bankruptcy courts would be overwhelmed, and they are slow and easily hindered already.

Targetted, though, it might work. One of the main tricks would be to find honest-broker bankruptcy courts with enough expertise to understand the root problems. It could be a good experiment to run, starting with General Motors, wherein there is enough mutual need among labor, management, politicians, and subsidiary industries to promote some level of unified solutions. Of course, stockholders would be the last served, but isn't there some sort of cliche about risk involved there?

paul spencer

by paul spencer (spencerinthegorge AT yahoo DOT com) on Thu Nov 20th, 2008 at 12:25:41 PM EST
[ Parent ]
Allow the choice of CDS either as a form of credit insurance, in which case apply the doctrine of

Insurable Interest

or as a

Contract for Difference

ie an out and out bet.

But not the bastard we have now.

by ChrisCook (cojockathotmaildotcom) on Wed Nov 19th, 2008 at 01:40:54 PM EST
[ Parent ]
Applying the Insurable Interest doctrine here would seem the most appropriate.  It would seem to simply void a large part of the CDO market.  It would seem that this doctrine would be a natural part of the legal defense of individuals or institutions claiming to have been deceived as to the nature of the transaction.

If sanity be culturally normative, then by the norms of this culture I claim insanity.
by ARGeezer (argeezer a in a circle yahoo dot com) on Thu Nov 20th, 2008 at 03:15:35 PM EST
[ Parent ]

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