LyrArc Article Gist
The use of Chapter 11. or the US bankruptcy code, was astrong point of the American system of free enterprise, because it gave enterprises with problems but otherwise having healthy businesses a chance to reorganize and emerge stronger from the crisis. DUring the time in bankruptcy it could work out its debt load with creditors under court protection. Now this is no longer working in the current economic crisis. Because under current law derivative transactions are given preferred creditor status in a bankruptcy many creditors are designing their loans as derivative transactions. And creditors are creating the empy creditor situation by taking credit default swaps to ensure that they get paid if acompany fails to make apayment. In the process the creditor does not have the same interest in the company staying in business as it did before. This happened with Goldman Sachs buying credit default swaps on its loans to AIG. Complicating the situation further creditors are using the law to seize inventories and in other ways get aclaim on the assets if acompany like Circuit Stores for instance runs into difficulty. As aresult CIrcuit City was gforced into liquidation. So on one hand businesses that have achance if reorganized under Chapter 11 are being forced into liquidation and on the other hand companies that are not going to be the source of innovation or productive gains for the economy like Citigroup are simply tying up huge amounts of government money as there is a fear that a proposed bankruptcy could lead to arepeat of the Lehman collapse, where bankruptcy proceedings are too slow and cumbersome for this situation and things fall apart in days.