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Should Cities and States Be Allowed (Required) To Go Bankrupt?
Townhall.com ^ | April 26, 2020 | Hank Adler

Posted on 04/26/2020 6:14:45 AM PDT by Kaslin

Who has taken the economic risk to loan money to cities and states? (Bondholders) Who took the risk of working for a city or state with the promise of an unrealistic pension? (State and municipal employees)

Who is going to pay for underfunded state and municipal pensions, overstaffed state governments and crazy governmental expenditures (think bullet train in California)? Which citizens elected city and state officials who approved and then underfunded pensions, overstaffed governments and approved crazy governmental expenses? Which of those governmental agencies were 100 percent unprepared for any emergency?

These are rhetorical questions. The financial costs associated with these questions should be borne by those who participated, facilitated or were benefited by these financial blunders. And note, barely a single reference regarding coronavirus.

To the extent that a city or state spent additional funds to battle the coronavirus, that should be a federal issue. That should be a national cost; everything else belongs to the individual cities and states. We are a single country and the cost of the coronavirus to date should be a national cost. But, as to future coronavirus costs, should a state determine that they cannot re-open because they wish to be ultra-conservative, that cost should belong to that city or state.

Many states and municipalities were already quickly moving towards economic ruin; coronavirus only exacerbated the issue and accelerated the timing.

The coronavirus has hurt everyone, but it should not be a crisis that causes an entire nation to pay for the historical financial imprudence of individual cities and states. If city X or state Y made promises it cannot keep, that is between that city or state and its stakeholders. We cannot ask the citizens of state A to pay for the imprudence of state B. If Illinois over promised and underfunded pension payments to its employees, which it did, this should not be a problem for New York whose pensions were recently funded 95 percent.

There is only a single answer for municipal and state entities which are deeply, deeply under water: bankruptcy. That is what individuals and businesses must do when the overwhelming reality is, they cannot pay their current debts or future obligations.

In the private sector, individuals and companies go bankrupt and start anew. In bankruptcy, the owners and debtors are the major financial victims. However, pensions can also be materially impacted. Those pension plans that are defined contribution plans are generally unimpacted. (This is not to say the pension fund assets have not gone down in value over the past few weeks. This has occurred both with respect to private defined contribution plans and public defined contribution plans.) Those pensions which are defined contribution plans are impacted to the extent of current underfunding, but there is some protection in the private sector through the Pension Benefit Guarantee Corporation, with the PBGC providing a lid on the protection they offer of about $54,000 per pensioner per year. (Note: (1) private businesses stopped creating defined benefit plans decades ago and (2) the PBGC could have funding issues as the result of the coronavirus.)

Cities can and do bankrupt under current law. Cities generally have bondholders and creditors who are impacted, often severely, by bankruptcy. Generally, cities have neither defined contribution plans nor any federal protection from the PBGC. Cities have partially unfunded pension plans. A municipal bankruptcy can lead to general creditors, bondholders and pension recipients all taking financial haircuts as the result of bankruptcy. This can occur through partial extinguishment of bond debt and reduced pension payments.

There will and should be more than a few city bankruptcies in the near future. Citizens should demand bankruptcy where services are being slashed because of historical poor financial management. Those same citizens should find new elected officials to guide their cities.

States cannot go bankrupt. But why not? Should not the states that have been managed the most poorly be able to right themselves through bankruptcy? Bondholders and employees had ample knowledge of the financial situations of these states. Federal judges should be tasked with the responsibility of approving such plans and determine the impacts to both bondholders and pension recipients. This is what happens everywhere else; why not states?

The federal government, which is all the citizens, cannot be asked to bear the burden of individual city and state financial malpractice. Printing money impacts those who were not a party to that financial malpractice. Yes, coronavirus is a price to be shared by all; but cities and states should not be financial beneficiaries of this crisis. Bankruptcy harms the risk-takers: creditors, citizens and employees.

Municipal debt in the United States is about $3 trillion. City and state underfunded liabilities run likely in the hundreds of billions of dollars. It is time for a reckoning for the bondholders and the pensioners.


TOPICS: Business/Economy; Culture/Society; Editorial; News/Current Events
KEYWORDS: bankruptcy; debt; mitchmcconnell; pensionreform
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1 posted on 04/26/2020 6:14:45 AM PDT by Kaslin
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To: Kaslin

Yes


2 posted on 04/26/2020 6:15:57 AM PDT by EBH (DNC=Party NON GRATA)
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To: Kaslin

Cities and municipalities can, there is US Code and regulation for that.


3 posted on 04/26/2020 6:16:50 AM PDT by Cboldt
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To: Kaslin

Of course... If there were no consequence for improper/excessive spending, what would prevent it?

There MUST be a consequence for entities who spent unwisely.... it’s the only way to discourage such behavior


4 posted on 04/26/2020 6:19:09 AM PDT by Principled (No one will conquer America, from within or without, until its citizenry are disarmed.)
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To: Kaslin

Bankruptcy and reorganization is the only valid long term solution for these high spending states and cities. Even in the best of times their spending was not sustainable.


5 posted on 04/26/2020 6:20:09 AM PDT by allendale (.)
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To: Kaslin

Not only yes, but any politician that even thinks about bailing out places like Illinois with it’s universe-class corruption should fear for their well being.


6 posted on 04/26/2020 6:20:58 AM PDT by Da Coyote
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To: Kaslin

Of course, the government will decide who gets paid & who doesn’t.

My guess - money will go to the banks, then the social welfare bureacracies and their clients. Police and fire departments hardest hit.

There’s a track record.


7 posted on 04/26/2020 6:21:05 AM PDT by P.O.E. (Pray for America)
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To: Principled

Absolutely


8 posted on 04/26/2020 6:21:35 AM PDT by Kaslin
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To: Kaslin
To the extent that a city or state spent additional funds to battle the coronavirus, that should be a federal issue.

Does that include the loss in revenue expected from the Covid-19 economic crash? Because I believe that's what the states, counties, and cities are looking for help with.

9 posted on 04/26/2020 6:23:47 AM PDT by DoodleDawg
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To: Kaslin

Absolutely. Why do other states have to pay for the socialist mistakes of California or New York?
Time for them to make the cuts to live within their means.


10 posted on 04/26/2020 6:25:33 AM PDT by Wildbill22 ( They have us surrounded again, the poor bastards- Gen Creighton William Abrams)
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To: Da Coyote

Watch what happens IF Trump loses in November and the gop-e loses the Sinate.


11 posted on 04/26/2020 6:26:11 AM PDT by ealgeone
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To: Kaslin

You want revenue. Open up your damn state.


12 posted on 04/26/2020 6:26:25 AM PDT by Roklok
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To: Kaslin

Cities can, States not so much.


13 posted on 04/26/2020 6:27:28 AM PDT by Beagle8U (Slo-Joe Biden... puts the DEM in Dementia.)
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To: P.O.E.

>> Police and fire departments hardest hit.

And the schools. Teachers, not administrators, of course.


14 posted on 04/26/2020 6:28:14 AM PDT by FreedomPoster (Islam delenda est)
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To: Kaslin

Yes. Who invested in these corporations? They are each incorporated. Just because they are a government doesn’t mean they cannot go bankrupt.


15 posted on 04/26/2020 6:32:46 AM PDT by CodeToad (Arm Up! They Have!)
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To: EBH

Yes. And government employee assets and pensions should be seized to repay the constituents they betrayed.


16 posted on 04/26/2020 6:35:06 AM PDT by MtnClimber (For photos of Colorado scenery and wildlife, click on my screen name for my FR home page.)
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To: Kaslin
States cannot declare bankruptcy.

Then again, states have sovereign immunity, which may limit what creditors can do in case of default.

17 posted on 04/26/2020 6:36:18 AM PDT by PapaBear3625 ("Those who can make you believe absurdities, can make you commit atrocities." -- Voltaire)
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To: allendale
Bankruptcy and reorganization is the only valid long term solution for these high spending states and cities. Even in the best of times their spending was not sustainable.

Totally agree. As part of the restructuring, there Also needs to be adjustments to wage scales, pension and retirement benefits, ending of unnecessary services, etc.

18 posted on 04/26/2020 6:38:27 AM PDT by voicereason (The RNC is like the "one-night stand" you wish you could forget.)
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To: PapaBear3625

States cannot declare bankruptcy.


There are rules of bankruptcy for individuals and businesses.

Cities and counties have followed some of these rules.

So technically you might be right. Doesn’t mean they wont go broke, just that there are no written rules.

But doesn’t matter, our government just makes them up as they go.....................


19 posted on 04/26/2020 6:40:52 AM PDT by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: Kaslin
The federal government, which is all the citizens, cannot be asked to bear the burden of individual city and state financial malpractice. Printing money impacts those who were not a party to that financial malpractice.

Bailing out state and city pension funds would amount to taxation without representation.

20 posted on 04/26/2020 6:41:40 AM PDT by Pearls Before Swine
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