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Anxiety in financial markets about exposure of French banks to Greece pulled down French bank stocks on August 10, 2011. Societe Generale shares were down 15%. A British tabloid the Daily Mail published an article on Societe Generale saying that it was in a perilous condition, and on the "brink of disaster." The Daily Mail later retracted its report. The rumors spread quickly in a jittery market, reminiscent of the rumors that affected Morgan Stanley at the height of the U.S. financial crisis in 2008. Sanford Bernstein analysts say in a report that the selloff in French banking stocks was based more on anxiety and the rising price of insurance of thinly traded credit default swaps, and not based on rational concerns about earnings and raising capital. Societe Generale says it has no exposure to Greek bonds maturing after 2020 on its books- to deflect fears of additional bank bondholder haircuts beyond 2020- and has taken a 395 million euro provision against losses on Greek sovereign bonds maturing upto 2020. The jittery condition of markets was also affected by rumors that France was about to be downgraded. Moody's, Fitch, and S&P reaffirmed that French credit ratings of triple A and stable outlook would not change....

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German banks have the largest exposure in Europe to Spain- $139.9 billion in 2012. Of this $45.9 billion is exposure to Spanish banks, according to the Bank for International Settlements. The Landesbanks in Germany have a large exposure in covered bonds to Spain, which are covered by collateral in the form of residential mortgages that have lost value and could lead to losses. At the same time they are not likely to default says Leef Dierks of Morgan Stanley, because they are used as collateral to borrow from the ECB. Some of these cedulas or jumbo covered bonds are trading at 52 cents on the dollar, according to Mr. Dierks. Geman banks have limited loss absorption capacity says Moody's. Moody's has reduced Germany's outlook to "negative" from "stable" for this reason, and warned Germany could lose its triple A credit rating.

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MaC Group, a risk advisor to Spanish banks, says Spanish banks hold about 30 billion pounds of distressed real estate and unsellable land. Prices are down 28% from the peak in 2007, according to a report by the IESE Business School, and are expected to fall a further 15-20 percent in the next 2-3 years by some experts. Much of the bank owned land is far from city centers and there is no demand for this. One Madrid based consultant R.R. de Acuna Asociados, says 43% of bank owned land is poorly located and there may be no demand for unfinished residential units for decades. The new government of Mariano Rajoy plans to take action to cleanup the banking system. Louis de Guindos, director of PricewaterhouseCoopers and IE Business School Center of Finance is expected to become the new finance minister. Guindos says strict rules need to be implemented, with some banks able to handle this and others that won't. MaC Group's Cantos, a managing partner, says the gap is huge between prices offered by banks and what investors will pay- as much as 70%. Prime assets can be sold for 30% discount but the land, residential and commercial real estate will require discounts of 70%. Banks have made provisions for losses of 30%, and are now facing the prospect of another 40% in losses. As a result many of the medium and small sized banks which operate only inside Spain may have to be shut down or consolidated by the government of Mariano Rajoy. Only the larger banks like Banco Santander, Banco Bilbao, La Caxia, and Bankia are likely to surivive....

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The Spanish government said on May 23, 2012 that it will provide 9 billion euros to help Bankia cover capital provisions for bad loan losses. The government took control of Bankia in early May 2012. Bankia was formed by merging 7 troubled cajas savings banks. It has about 10% of Spain's loans and deposits. Bankia has the largest exposure of financial institutions in Spain to real estate loans. Of 37.52 billion euros in loans for real estate, about half or 17.85 billion euros are troubled loans. Spain's approach to the banking crisis from the real estate bubble was to merge failing banks with smaller amounts of government money as aid, and having the new entities raise cash through initial public offerings. For Bankia most of the nonperforming loans were separated and placed in BFA, the parent company. Bankia did an IPO in July 2011 raising 3 billion euros. Since the IPO Bankia has lost half the value in its share price for large losses to investors. Under new capital provisioning rules set by the government for banks to adequately cover nonperforming real estate loans, Bankia needs 7.1 billion euros. An additional 1.9 billion euros is needed for capital requirements for a total of 9 billion euros, which is the amount of the capital injection by the Spanish government. Finance minister Guindos told parliament that the rest of the Spanish banking system can withstand adverse scenarios....

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Spanish banks agreed to reforms and job cuts as a condition for a 37 billion euro loan from the eurozone bailout fund, the European Stability Mechanism. The restructuring plan applies to Bankia, Novagalicia Banco, Catalunya Banc and Banco de Valencia, with the largest job cuts at Bankia bank. Bankia will have 6000 job cuts, 28% of the total employees, and cut branches by 39%. Banco de Valencia will be absorbed into Caixabank and receive 4.5 billion euros of the loan payment approved.

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Lawyers Buchheit and and Gulati help Greece design a legal agreement that writes in a new collective action clause. The collective action clause ensures a 95% participation for the bond restructuring deal Greece is doing in March 2012 to cut its debt to sustainable levels. A similiar deal could be designed for Portugal says Mitu Gulati, a law professor at Duke University. Because Greece's bonds are written under Greek law, writing in a new collective action clause is a legal mechanism for achieving a meaningful debt reduction and bond restructuring deal- this is something Gulati and Buchheit figured out because of their expertise in this field. A joint paper by Buchheit and Gulati in 2010, first explored the way in which private bondholders of Greek bonds who reject a bond debt restructuring could be forced to accept the same losses as other investors who accepted the deal. They are now advisors to the government of Greece. In early 2011 there was serious discussion that the Brady Bonds debt restructuring for Latin American debt of Argentina, Mexico and Brazil of the 1980's, under which private investors traded in their old bonds for new bonds with longer duration at reduced interest rates and lower value- reflecting voluntary losses accepted by bondholders- was the approach needed for Greece, Portugal, Ireland and other eurozone countries. Then U.S. Treasury Secretary Nicholas Brady took the lead- in Landon Thomas Jr., NYT, 11/30/2010. Bondholders held out throughout this period, with Charles Dallara, one of the architects of the Brady bonds restructuring, hired by European banks to negotiate on their behalf. It was only when German Chancellor Merkel delivered an ultimatum by telling Dallara "this is the last offer," during a late night meeting on Oct. 27, 2011, at EU headquarters in Brussels, was an agreement reached on serious debt reduction- in Walker, Forelle, Meichtry, WSJ, 12/30/2011. The long delay meant a worsening crisis in Greece and the rest of the eurozone. ...

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This Wall Street Journal editorial calls for more transparency in disclosing bad debt problems at Spanish and other European banks. It faults recent and upcoming stress tests of EU banks for not being stringent enough and taking into account adverse scenarios. While Spain's central bank says only 20 billion euros are needed to recapitalize the cajas savings banks, other estimates are much higher. Moody's country report says Spain could need upto 120 billion euros to recapitalize its banks. A big problem is European banks exposure in Spain which is over 700 billion euros as of September 2010- Spanish banks have high exposure in Portugal and German banks have high exposure to Spain.

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Imposing losses on senior bond holders is acceptable under EU law during a liquidation process, say experts. Having them take losses in a restructuring would require changes to European and national laws. The uncertainty this creates coud hurt Spain's larger banks such as Santander and BBVA, which have so far not been affected by the crisis. A new European banking supervisory authority could insist on losses for senior bond holders to reduce the amount needed from the EFSF or ESM rescue funds.

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Spain's finance minister, Elena Salgado, says the state backed Fund for Orderly Bank Restructuring, will acquire direct equity stakes in the Cajas, Spain's regional banks, for upto 5 years. The Bank of Spain's preliminary estimates of the capital needs of the banking sector are below 20 billion euros, according to Salgado. The Spanish government will raise the Tier 1 capital requirements for all banks to 8% and will inject capital into lenders that do not meet the new requirements. The moves are designed to reassure investors who lack information about the true financial condition of the cajas.

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This Journal editorial says the Bankia bailout continues to be handled poorly by the Spanish government, with Bankia continuing to be a drain on the government funds.

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The steps taken at a meeting of Europe's leaders in March 2011. The European Financial Stability Facility will be allowed to disburse its entire 440 billion euros if needed, and it will be allowed to buy bonds in government auctions but not on the secondary market. Interest rates were reduced on loans to Greece and repayment terms were extended. But this fund can only buy bonds of countries receiving bailout money, which means Portugal will not see a decline in its interest rates for benchmark government bonds. Interest rates on Portuguese 10 year bonds remained high at 7.4%. Greek bonds saw a lowering of interest rates, but Ireland saw no change. What is needed now is a plan that will bring interest rates down for these countries, say analysts. And they say the plan agreed on by EU leaders fall short. If interest rates do not go down for these countries the debt keeps piling up, especially when austerity measures lower the economic growth rates of Greece and Portugal. Both Greece and Portugal do not have a competitive export industry, which places the burden entirely on austerity measures and revenue raising steps. The perverse scenario analysts fear is that debt continues to grow because of high interest rates at low or declining growth rates. While some relief was offered to Greece the situation is still precarious, and analysts estimate Greece's debt increasing to 160% of GDP from 127 % of GDP by 2013....