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In that scenario the old "bad banks" will eventually fail and will have to be taken over by the FDIC. A distinction without a difference.

Most economists teach a theoretical framework that has been shown to be fundamentally useless. -- James K. Galbraith
by Migeru (migeru at eurotrib dot com) on Tue Feb 10th, 2009 at 01:09:28 PM EST
[ Parent ]
I strongly suspect that the reason they refuse to even consider a "new banks" solution is that they know that this would be the death knell for the worst offenders amongst their dear friends.  It would have very little negative effect on most of the 8,000 banks and savings and loan institutions, but the positive effect would be rather like that a quick cure for the Black Death would have had on the economy in Europe in the middle ages--a paralyzing maisma would be lifted.

As the Dutch said while fighting the Spanish: "It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Tue Feb 10th, 2009 at 01:59:43 PM EST
[ Parent ]
the old "bad banks" will eventually fail and will have to be taken over by the FDIC

Remember the spate of confusion in the interboobz, when MSM introduced the word "conservator"? Suddenly commentator were investigating the word "receivor", but abandon any discursion of the word "restructure"? Receivor and conservator are legal terms. The fiduciary duties of these agents are quite different with respect to remediating a bankruptcy determination ("fail").

Historically, that is until the criminal bush began to legislate, the FDIC's function was always receivor of bankrupt FDIC-insured deposit institutions. In the event of failure (Ch 7 determination), FDIC liquidates all the banks operating and financial assets to pay ("to resolve") creditors' claims (including FDIC advance to account holders), and transfers deposit accounts to another deposit bank. Unmarketable financial assets such as securities may be held to close the books but, ultimately, charged-off to end litigation. The RTC was a special purpose entity of the FDIC created especially to manage the massive number of S&L bankruptcies; operations ceased 1994.

These procedure pretty much changed when Bush Treasury instructed FDIC to "take over" the Pritzker family S&L in 2001. FDIC is still managing Superior Bank FSB operations -- above and beyond action to satisfy outstanding settlement.

By contrast Mr Bush appointed Mr Lockhart conservator of Fannie Mae and Freddi Mac, pursuant to execution of the Housing and Economic Recovery Act of 2008. His duty is to "restructure" these corporations' debt obligations despite contradictory directions by WH and FRB executives to the management of those two organizations. That is mitigate risk exposure by sale or maturity within a specified period versus increase spending on whole and securitized high LTV jumbo mortgages.

Finally, Lehman was never a (demand, commercial, retail) deposit bank insured by FDIC or an FRB reserve bank establishment. It's business was securities brokerage, and even Bernanke cannot be such a colossal, demented asshole to insure ex post the value of its trades.

Knowing all this, somehow, the US Treasury most certainly could implement plans to establish a "good" bank with deposit accounts and performing loans for the simple reason that the premise of confidence in the full faith and credit of the US is not for profit.

OTOH, commercial bankers would never stand idle by USG  market power and competition for profitable clients. And that reality is  also one of the greatest barriers to USG entry into medical insurance, i.e. single-payer. Politicians are skeered of assissination.

Which is why Barry will pass a rich ol' man.

Diversity is the key to economic and political evolution.

by Cat on Tue Feb 10th, 2009 at 03:09:51 PM EST
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