Sovereign Default and International Trade
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Sovereign Defaults and Debt Restructurings: Historical Overview
Sovereign Defaults and Debt Restructurings: 1 Historical Overview Debt crises and defaults by sovereigns—city-states, kingdoms, and empires—are as old as sovereign borrowing itself. The first recorded default goes back at least to the fourth century B.C., when ten out of thirteen Greek municipalities in the Attic Maritime Association de- faulted on loans from the Delos Temple (Winkler 1933). Most fiscal crises of European antiquity, however, seem to have been resolved through ‘‘currency debasement’’—namely, inflations or devaluations— rather than debt restructurings. Defaults cum debt restructurings picked up in the modern era, beginning with defaults in France, Spain, and Portugal in the mid-sixteenth centuries. Other European states fol- lowed in the seventeenth century, including Prussia in 1683, though France and Spain remained the leading defaulters, with a total of eight defaults and six defaults, respectively, between the sixteenth and the end of the eighteenth centuries (Reinhart, Rogoff, and Savastano 2003). Only in the nineteenth century, however, did debt crises, defaults, and debt restructurings—defined as changes in the originally envis- aged debt service payments, either after a default or under the threat of default—explode in terms of both numbers and geographical inci- dence. This was the by-product of increasing cross-border debt flows, newly independent governments, and the development of modern fi- nancial markets. In what follows, we begin with an overview of the main default and debt restructuring episodes of the last two hundred years.1 We next turn to the history of how debt crises were resolved. We end with a brief review of the creditor experience with sovereign debt since the 1850s. -
FERC Vs. Bankruptcy Courts—The Battle Over Jurisdiction Continues
FERC vs. Bankruptcy Courts—The Battle over Jurisdiction Continues By Hugh M. McDonald and Neil H. Butterklee* In energy industry bankruptcies, the issue of whether a U.S. bankruptcy court has sole and exclusive jurisdiction to determine a debtor’s motion to reject an executory contract has mostly involved a jurisdictional struggle involving the Federal Energy Regulatory Commission. The dearth of judicial (and legislative) guidance on this issue has led to shifting decisions and inconsistent outcomes leaving counterparties to contracts in still uncertain positions when a contract counterparty commences a bankruptcy case. The authors of this article discuss the jurisdiction conundrum. The COVID-19 pandemic has put pressure on all aspects of the United States economy, including the energy sector. Counterparties to energy-related contracts, such as power purchase agreements (“PPAs”) and transportation services agreements (“TSAs”), may need to commence bankruptcy cases to restructure their balance sheets and, as part of such restructuring, may seek to shed unprofitable or out-of-market contracts. However, this situation has created a new stage for the decades-old jurisdictional battle between bankruptcy courts and energy regulators. The U.S. Bankruptcy Code allows a debtor to assume or reject executory contracts with the approval of the bankruptcy judge presiding over the case.1 The standard employed by courts when assessing the debtor’s request to assume or reject is the business judgment standard. A debtor merely has to demonstrate that assumption or rejection is in the best interest of the estate and the debtor’s business. However, most energy-related contracts are subject to regulatory oversight by federal and/or state regulatory bodies, which, depending on the type of contract that is being terminated, apply different standards—most of which take into account public policy concerns. -
UK (England and Wales)
Restructuring and Insolvency 2006/07 Country Q&A UK (England and Wales) UK (England and Wales) Lyndon Norley, Partha Kar and Graham Lane, Kirkland and Ellis International LLP www.practicallaw.com/2-202-0910 SECURITY AND PRIORITIES ■ Floating charge. A floating charge can be taken over a variety of assets (both existing and future), which fluctuate from 1. What are the most common forms of security taken in rela- day to day. It is usually taken over a debtor's whole business tion to immovable and movable property? Are any specific and undertaking. formalities required for the creation of security by compa- nies? Unlike a fixed charge, a floating charge does not attach to a particular asset, but rather "floats" above one or more assets. During this time, the debtor is free to sell or dispose of the Immovable property assets without the creditor's consent. However, if a default specified in the charge document occurs, the floating charge The most common types of security for immovable property are: will "crystallise" into a fixed charge, which attaches to and encumbers specific assets. ■ Mortgage. A legal mortgage is the main form of security interest over real property. It historically involved legal title If a floating charge over all or substantially all of a com- to a debtor's property being transferred to the creditor as pany's assets has been created before 15 September 2003, security for a claim. The debtor retained possession of the it can be enforced by appointing an administrative receiver. property, but only recovered legal ownership when it repaid On default, the administrative receiver takes control of the the secured debt in full. -
Individual Voluntary Arrangement Factsheet What Is an Individual Voluntary Arrangement (IVA)? an IVA Is a Legally Binding
Individual Voluntary Arrangement Factsheet What is an An IVA is a legally binding arrangement supervised by a Licensed Unlike debt management products, an IVA is legally binding and Individual Insolvency Practitioner, the purpose of which is to enable an precludes all creditors from taking any enforcement action against Voluntary individual, sole trader or partner (the debtor) to reach a compromise the debtor post-agreement, assuming the debtor complies with the Arrangement with his creditors and avoid the consequences of bankruptcy. The his obligations in the IVA. (IVA)? compromise should offer a larger repayment towards the creditor’s debt than could otherwise be expected were the debtor to be made bankrupt. This is often facilitated by the debtor making contributions to the arrangement from his income over a designated period or from a third party contribution or other source that would not ordinarily be available to a trustee in bankruptcy. Who can An IVA is available to all individuals, sole traders and partners who It is also often used by sole traders and partners who have suffered benefit from are experiencing creditor pressure and it is used particularly by those problems with their business but wish to secure its survival as they it? who own their own property and wish to avoid the possibility of losing believe it will be profitable in the future. It enables them to make a it in the event they were made bankrupt. greater repayment to creditors than could otherwise be expected were they made bankrupt and the business consequently were to cease trading. The procedure In theory, it is envisaged that the debtor drafts proposals for In certain circumstances, when it is considered that the debtor in brief presentation to his creditors prior to instructing a nominee, (who requires protection from creditors taking enforcement action whilst must be a Licensed Insolvency Practitioner), to review them before the IVA proposal is being considered, the nominee can file the submission to creditors (or Court if seeking an Interim Order). -
Database of Sovereign Defaults, 2017 by David Beers and Jamshid Mavalwalla
Technical Report No. 101 / Rapport technique no 101 Database of Sovereign Defaults, 2017 by David Beers and Jamshid Mavalwalla June 2017 (An earlier version of this technical report was published in June 2016.) Database of Sovereign Defaults, 2017 David Beers1 and Jamshid Mavalwalla2 1Special Advisor, International Directorate Bank of England London, United Kingdom EC2R 8AH [email protected] 2Funds Management and Banking Department Bank of Canada Ottawa, Ontario, Canada K1A 0G9 [email protected] The views expressed in this report are solely those of the authors. No responsibility for them should be attributed to the Bank of Canada. ISSN 1919-689X © 2017 Bank of Canada Acknowledgements We are grateful to Allan Crawford, Grahame Johnson, Philippe Muller, Peter Youngman, Carolyn A. Wilkins, John Chambers, Stuart Culverhouse, Archil Imnaishvili, Marc Joffe, Mark Joy and James McCormack for their helpful comments and suggestions, to Christian Suter for sharing with us previously unpublished data he compiled with Volker Bornschier and Ulrich Pfister in 1986, and to Jean-Sébastien Nadeau for his many contributions to this and earlier versions of the technical report and the database. We thank Norman Yeung and Isabelle Brazeau for their able technical assistance, and Glen Keenleyside, Meredith Fraser-Ohman and Carole Hubbard for their excellent editorial assistance. Any remaining errors are the sole responsibility of the authors. i Abstract Until recently, there have been few efforts to systematically measure and aggregate the nominal value of the different types of sovereign government debt in default. To help fill this gap, the Bank of Canada’s Credit Rating Assessment Group (CRAG) has developed a comprehensive database of sovereign defaults posted on the Bank of Canada’s website. -
Law Reform Commission of British Columbia Report on Floating Charges
LAW REFORM COMMISSION OF BRITISH COLUMBIA REPORT ON FLOATING CHARGES ON LAND LRC 103 JANUARY 1989 The Law Reform Commission of British Columbia was established by the Law Reform Commission Act in 1969 and began functioning in 1970. The Commissioners are: ARTHUR L. CLOSE, Chairman HON. RONALD I. CHEFFINS, Q.C., Vice-Chairman MARY V. NEWBURY LYMAN R. ROBINSON, Q.C. PETER T. BURNS, Q.C. Thomas G. Anderson is Counsel to the Commission. J. Bruce McKinnon and Linda Reid are Legal Research Officers to the Commission. Sharon St. Michael is Secretary to the Commission. Text processing and technical copy preparation by Linda Grant. The Commission offices are located at Suite 601, Chancery Place, 865 Hornby St., Vancouver, B.C. V6Z 2H4. Canadian Cataloguing in Publication Data Law Reform Commission of British Columbia. Report on floating charges on land (LRC, ISSN 0843-6053; 103) ISBN 0-7718-8748-5 1. Floating charges. 2. Commercial loans - Law and legislation - British Columbia. 3. Security (Law) - British Columbia. 4. Real property - British Columbia. I. Title. II. Title: Floating charges on land. III. Series: LRC (Law Reform Commission of British Columbia); 103 KEB271.A72L38 1989 346.711'074 C89-092073-7 Table of Contents I. INTRODUCTION 1 A. General 1 B. Methodology 1 C. The Need for Flexible Security Over Land 2 D. The Future of the Floating Charge 3 E. The Scope of Reform 4 F. This Report 4 II. THE NEED FOR REFORM 5 A. Introduction 5 B. Overview of the Current Law 5 1. Common Law 5 2. Land Title Registration 5 3. -
Sovereigns in Distress: Do They Need Bankruptcy?
MICHELLE J. WHITE University of California, San Diego Sovereigns in Distress: Do They Need Bankruptcy? SHOULD THERE BE a sovereign bankruptcy procedure for countries in financial distress? This paper explores the use of U.S. bankruptcy law as a model for a sovereign bankruptcy procedure and asks whether adoption of such a procedure would lead to a more orderly process of sovereign debt restructuring. It assumes that a quick and orderly debt restructuring process is more efficient than a prolonged and disorderly one, because a lengthy process of debt restructuring takes a high toll on debtor countries’ economies as well as harming creditors in general. I concentrate on three goals for a sovereign bankruptcy procedure: preventing individual credi- tors or groups of creditors from suing the debtor for repayment, prevent- ing groups of creditors from strategically delaying negotiations or acting as holdouts, and increasing the likelihood that private creditors will pro- vide new loans to sovereign debtors in financial distress, thus reducing the pressure on the International Monetary Fund (IMF) to fund bailouts. I conclude that nonbankruptcy alternatives are less likely to accomplish these goals than a sovereign bankruptcy procedure. U.S. Bankruptcy Law and Important Trade-offs in Bankruptcy Three sections of the U.S. Bankruptcy Code are of possible relevance for a future international bankruptcy procedure: Chapter 7 (bankruptcy I am grateful to Edwin Truman and Marcus Miller for helpful comments and discussion. 1 2 Brookings Papers on Economic Activity, 1:2002 liquidation), Chapter 11 (corporate reorganization), and Chapter 9 (munic- ipal bankruptcy). Chapter 7 Chapter 7 is the U.S. -
Debtor-In-Possession Financing
BANKRUPTCY Debtor-in-Possession Financing by Marshall S. Huebner an you imagine the reaction the first time a lender said, “Hey, let’s lend large sums of money to a bankrupt Ccompany!”? As it turns out, lending to a debtor in posses- sion can be a smart move. This article explains, in general terms, the hows and whys of DIP lending. t may seem counterintuitive In Chapter 11, pre-bankruptcy Chapter 11 debtors on C.O.D. or that banks and other institu- creditors are, for the most part, C.B.D. until the company stabi- I tions would compete fiercely stayed from enforcement reme- lizes and working capital financ- to provide loans to companies that dies and do not receive payment ing for the company’s ongoing have recently filed for protection of principal or interest while the operations is available. under Chapter 11 of the U.S. company seeks to rationalize its DIP loans are typically asset- Bankruptcy Code. But they do— business and formulate a plan of based, revolving working-capital and often. Indeed, “DIP loans,” reorganization to restructure its facilities put into place at the out- as they often are called, are big balance sheet. set of Chapter 11 to provide both business and can range from tens The DIP typically finds itself immediate cash as well as ongoing of thousands to billions of dollars. in need of credit immediately working capital during the reorga- Moreover, lending institutions of after initiating a Chapter 11 case. nization process. Perhaps most all sizes may be called on to While most of its pre-bankruptcy important, DIP financing helps extend further credit to a bank- liabilities are frozen, the company the company restore vendor and ruptcy debtor to “protect” an is likely to need cash immediately customer confidence in the com- existing loan position. -
Duration of Sovereign Debt Renegotiation☆
Journal of International Economics 86 (2012) 252–268 Contents lists available at SciVerse ScienceDirect Journal of International Economics journal homepage: www.elsevier.com/locate/jie Duration of sovereign debt renegotiation☆ Yan Bai a,⁎, Jing Zhang b,⁎ a Arizona State University, United States b University of Michigan, United States article info abstract Article history: In the period since 1990, sovereign debt renegotiations take an average of five years for bank loans but only Received 7 January 2010 one year for bonds. We provide an explanation for this finding by highlighting one key difference between Received in revised form 13 August 2011 bank loans and bonds: bank loans are rarely traded, while bonds are heavily traded on the secondary market. Accepted 15 August 2011 In our theory, the secondary market plays a crucial information revelation role in shortening renegotiations. Available online 1 September 2011 Consider a dynamic bargaining game with incomplete information between a government and creditors. The creditors' reservation value is private information, and the government knows only its distribution. Delays in JEL classification: F02 reaching agreements arise in equilibrium because the government uses costly delays to screen the creditors' F34 reservation value. When the creditors trade on the secondary market, the market price conveys information F51 about their reservation value, which lessens the information friction and reduces the renegotiation duration. We find that the secondary market tends to increase the renegotiation payoff of the government but decrease Keywords: that of the creditors while increasing the total payoff. We then embed these renegotiation outcomes in a sim- Sovereign debt restructuring ple sovereign debt model to analyze the ex ante welfare implications. -
Avoiding Sovereign Default Contagion: a Normative Analysis De Ferra, Sergio and Enrico Mallucci
K.7 Avoiding Sovereign Default Contagion: A Normative Analysis de Ferra, Sergio and Enrico Mallucci Please cite paper as: de Ferra, Sergio and Enrico Mallucci (2020). Avoiding Sovereign Default Contagion: A Normative Analysis International Finance Discussion Papers 1275. https://doi.org/10.17016/IFDP.2020.1275 International Finance Discussion Papers Board of Governors of the Federal Reserve System Number 1275 February 2020 Board of Governors of the Federal Reserve System International Finance Discussion Papers Number 1275 February 2020 Avoiding Sovereign Default Contagion: A Normative Analysis Sergio de Ferra and Enrico Mallucci NOTE: International Finance Discussion Papers (IFDPs) are preliminary materials circulated to stimulate discussion and critical comment. The analysis and conclusions set forth are those of the authors and do not indicate concurrence by other members of the research staff or the Board of Governors. References in publications to the International Finance Discussion Papers Series (other than acknowledgement) should be cleared with the author(s) to protect the tentative character of these papers. Recent IFDPs are available on the Web at www.federalreserve.gov/pubs/ifdp/. This paper can be downloaded without charge from the Social Science Research Network electronic library at www.ssrn.com. Avoiding Sovereign Default Contagion: A Normative Analysis∗ Sergio de Ferray Enrico Mallucciz Abstract Should debtor countries support each other during sovereign debt crises? We answer this question through the lens of a two-country sovereign-default model that we calibrate to the euro-area periphery. First, we look at cross-country bailouts. We find that whenever agents anticipate their existence, bailouts induce moral hazard an reduce welfare. -
Boc-Boe Sovereign Default Database: What's New in 2021
BoC–BoE Sovereign Default Database: What’s new in 2021? by David Beers1, 1 Elliot Jones2, Zacharie Quiviger and John Fraser Walsh3 The views expressed this report are solely those of the authors. No responsibility for them should be attributed to the Bank of Canada or the Bank of England. 1 [email protected], Center for Financial Stability, New York, NY 10036, USA 2 [email protected], Financial Markets Department, Reserve Bank of New Zealand, Auckland 1010, New Zealand 3 [email protected], [email protected] Financial and Enterprise Risk Department Bank of Canada, Ottawa, Ontario, Canada K1A 0G9 1 Acknowledgements We are grateful to Mark Joy, James McCormack, Carol Ann Northcott, Alexandre Ruest, Jean- François Tremblay and Tim Willems for their helpful comments and suggestions. We thank Banu Cartmell, Marie Cavanaugh, John Chambers, James Chapman, Stuart Culverhouse, Patrisha de Leon-Manlagnit, Archil Imnaishvili, Marc Joffe, Grahame Johnson, Jamshid Mavalwalla, Philippe Muller, Papa N’Diaye, Jean-Sébastien Nadeau, Carolyn A. Wilkins and Peter Youngman for their contributions to earlier research papers on the database, Christian Suter for sharing previously unpublished data he compiled with Volker Bornschier and Ulrich Pfister in 1986, Carole Hubbard for her excellent editorial assistance, and Michael Dalziel and Natalie Brule, and Sandra Newton, Sally Srinivasan and Rebecca Mari, respectively, for their help designing the Bank of Canada and Bank of England web pages and Miranda Wang for her efforts updating the database. Any remaining errors are the sole responsibility of the authors. 2 Introduction Since 2014, the Bank of Canada (BoC) has maintained a comprehensive database of sovereign defaults to systematically measure and aggregate the nominal value of the different types of sovereign government debt in default. -
Credit Counseling/Debtor Education System (CC/DE System)
United States Trustee Program Privacy Impact Assessment for the Credit Counseling/Debtor Education System (CC/DE System) Issued by: Larry Wahlquist, Privacy Point of Contact Reviewed by: Vance E. Hitch, Chief Information Officer, Department of Justice Approved by: Nancy C. Libin, Chief Privacy and Civil Liberties Officer, Department of Justice Date approved: May 23, 2011 (February 2011 DOJ PIA Form) Introduction The Credit Counseling/Debtor Education (CC/DE) System was developed to support the United States Trustee Program’s (USTP) approval process for reviewing applications submitted for consideration as approved credit counseling agencies (agency) or approved providers of a personal financial management instructional course (provider), referred to as debtor education, under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). The CC/DE System facilitates the tracking of the receipt of the application, the review process and final determination, as well as notification to the courts and general public of the approved agencies and providers via the USTP’s website where the list of approved agencies and providers is published. For the approved agencies and providers, the CC/DE System allows for the tracking of the associated renewal process and any complaints received regarding any of the agencies or providers. Basic applicant information is captured in the system, such as applicant name, title, company name, address, email address, phone number, fax number, social security number (when the debtor education provider is an individual), or employer identification number (EIN), plus names and address of all owners, officers, directors, partners, or trustees. The CC/DE System also captures the name, title, company name, address, email address, and phone number of complainants, along with any names of individuals perceived to be harmed by an agency or provider’s actions other than the complainant.