LyrArc Article Gist
How bankruptcy courts can offer a solution to the foreclosure crisis or at least mitigate its effects on the economy and on people. Senator Durbin of Illinois is expected to introduce legislation to put this into effect. It was adopted as a Chapter 12 provision to save farmowners in distress in Iowa in the 1980's, and helped keep many farming families on the farm in that situation. Not all families would be helped as some will not be able to make even the reduced payments given by a bankruptcy judge. But it gives bankruptcy courts the authority to cut through all the red tape and reluctance of bankers and mortgage securities owners to take the initiative and reduce payments, and in the end may actually generate more money for lenders than foreclosure, which has high costs on several dimensions. One cost and one dimension that is not considered is the cost to the economy and to all businesses, from retail to other products, as foreclosures lead to declines in housing prices. This leads in a downward spiral to more homeowners going under water with their homes being worth less than the mortgage, and this in turn leading to foreclosures that lead to further house price declines. The decline in housing prices adds to the incentive to save and reduce spending, which leads to inventory buildup and layoffs. This is why the situation cannot be seen in isolation, and becomes an area where interests of individual parties like lenders and securities holders tend not to be maximized when they follow their personal interest. And there is no party that can take the collective interest in this case except the federal government.