Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

Are you ready for your state to declare bankruptcy?
The American Thinker Blog ^ | January 22, 2011 | Rick Moran

Posted on 01/22/2011 3:36:55 AM PST by Scanian

The constitutional hurdles are very high, says this New York Times piece. And the topic is so sensitive that no one will dare put it in writing on the Hill. But it may very well come down to bailing out some states with federal money or allowing them to declare some kind of bankruptcy:

"Policy makers are working behind the scenes to come up with a way to let states declare bankruptcy and get out from under crushing debts, including the pensions they have promised to retired public workers.

"Unlike cities, the states are barred from seeking protection in federal bankruptcy court. Any effort to change that status would have to clear high constitutional hurdles because the states are considered sovereign.

"But proponents say some states are so burdened that the only feasible way out may be bankruptcy, giving Illinois, for example, the opportunity to do what General Motors did with the federal government's aid.

"Beyond their short-term budget gaps, some states have deep structural problems, like insolvent pension funds, that are diverting money from essential public services like education and health care. Some members of Congress fear that it is just a matter of time before a state seeks a bailout, say bankruptcy lawyers who have been consulted by Congressional aides."

And, of course, public unions are gearing up for a battle to save their gold plated pensions:

"'They are readying a massive assault on us,' said Charles M. Loveless, legislative director of the American Federation of State, County and Municipal Employees. 'We're taking this very seriously.' Mr. Loveless said he was meeting with potential allies on Capitol Hill, making the point that certain states might indeed have financial problems, but public employees and their benefits were not the cause. The Center on Budget and Policy Priorities released a report on Thursday warning against a tendency to confuse the states' immediate budget gaps with their long-term structural deficits.

'States have adequate tools and means to meet their obligations,' the report stated."

Could it happen? Bankruptcy remains a longshot given what it might do to the municipal bond market. More likely is some kind of federal bailout with strings attached. Nothing will happen until next year (fiscal year) when a lot of these temporary tax increases and spending cuts passed by the states expire.


TOPICS: Business/Economy; Government; Politics
KEYWORDS: bailouts; constitution; debt; pensions
Navigation: use the links below to view more comments.
first 1-2021-25 next last

1 posted on 01/22/2011 3:36:56 AM PST by Scanian
[ Post Reply | Private Reply | View Replies]

To: Scanian

ILLINOIS? OBAMA LAND? The answer is yes.


2 posted on 01/22/2011 3:38:53 AM PST by chicagolady (Mexican Elite say: EXPORT Poverty Let the American Taxpayer foot the bill !)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Scanian

Regarding this state bankruptcy thing, I think you need to be asking yourself one very important question: “sovereigns or Krugerrands”?


3 posted on 01/22/2011 3:46:25 AM PST by RC one (What!!!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Scanian

The states in the worst financial shape namely California, Illinois, Massachusetts, New York and Michigan should immediately decalre bankruptcy.

This would be the first step in nullifying all existing union contracts and pension plans which can then be renegotiated anew and with a more practical financial and economic sustainability, in other words, having the recipients of these plans pay a lot more into their own pensions (at least 50% minimum).


4 posted on 01/22/2011 3:52:08 AM PST by Ev Reeman
[ Post Reply | Private Reply | To 1 | View Replies]

To: Scanian
There's also the question of the fed having just spent 12+ trillion bailing out banks and wallstreet fat cats and not wanting any part of the relatively paltry 200 billion it would take to bail out the states and by that all which is meant would be to eliminate the high interest rates they pay for borrowing. Not that the states don't need to clean up their own fiscal acts, but money policies are part of the picture.

Note that North Dakota, with its own bank and access to credit similar to what the federal govt. has, is basically immune to all the grief we read about.

5 posted on 01/22/2011 3:59:10 AM PST by wendy1946
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ev Reeman

What effect do you think that would have on the bond market.


6 posted on 01/22/2011 3:59:35 AM PST by Scanian
[ Post Reply | Private Reply | To 4 | View Replies]

To: wendy1946

ND’s energy production is also a big economic help.


7 posted on 01/22/2011 4:00:59 AM PST by Scanian
[ Post Reply | Private Reply | To 5 | View Replies]

To: Scanian

Unknown at least as far as the long term.

Furthermore, not all states would have to declare bankruptcy.

Some states are in good financial and economic shape because they have taken the hard steps necessary to ensure future sustainability, job growth, pro business policies, lower tax structures etc.


8 posted on 01/22/2011 4:04:03 AM PST by Ev Reeman
[ Post Reply | Private Reply | To 6 | View Replies]

To: Ev Reeman
This would be the first step in nullifying all existing union contracts and pension plans which can then be renegotiated anew and with a more practical financial and economic sustainability, in other words, having the recipients of these plans pay a lot more into their own pensions (at least 50% minimum).

With the exception of possibly Michigan, none of these states are nearly ready to take the steps you describe. These states would simply stiff business creditors, raise taxes and keep the union deals intact (see GM bankruptcy).
9 posted on 01/22/2011 4:10:11 AM PST by Dr. Sivana (There is no salvation in politics.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Dr. Sivana

Should a state declare bankruptcy, it will be interesting watching all the “I’m retired with a great pension and health benefits in my early 50’s...aren’t you?” crowd howl and gnash-about. Their smug snooty-obliviousness has been a bit much.


10 posted on 01/22/2011 4:34:46 AM PST by hal ogen (quit fighting these societal vampire DIM/LIB moonbats.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Ev Reeman
Some states are in good financial and economic shape

I read somewhere that only four states have an "A" credit rating. Of course I can't find the article now.

11 posted on 01/22/2011 4:52:42 AM PST by Jimmy Valentine's brother (With the repeal of DADT, are more fashionable military uniforms from the Pentagon next?)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Scanian

“ND’s energy production is also a big economic help.”

That is true but North Dakota was on a sound economic basis before the energy boom started.


12 posted on 01/22/2011 5:04:30 AM PST by Nakota
[ Post Reply | Private Reply | To 7 | View Replies]

To: Scanian

You left out the Peoples Republic of Connecticut. We bucked the national trend and voted all the communists back in and even a dim governor this time. I guess you just can’t win in a state with the highest per capita of state workers. Please please Gov Malloy raise the “temporary” income tax to pay for all those sweet state pensions!


13 posted on 01/22/2011 5:13:48 AM PST by kneehurts
[ Post Reply | Private Reply | To 1 | View Replies]

To: Scanian

simple solution

pay public employees in scrip


14 posted on 01/22/2011 5:13:56 AM PST by Talf
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ev Reeman
States cannot technically declare bankruptcy under current law. They are exempt from bankruptcy law because they are "sovereign" entities.

It is quite a dilemma they can be insolvent but cannot erase their liabilities under current law.

This predicament makes insolvent U.S. states practically ungovernable and unable to sell bonds.

Insolvent states cannot pay their bills and current law gives them no place to turn.

15 posted on 01/22/2011 5:22:45 AM PST by NoControllingLegalAuthority (What this country needs is an enema.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Scanian
bankruptcy yes... bailouts NO!!!
16 posted on 01/22/2011 5:54:00 AM PST by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Chode

I second that! Although it would never happen, I would love to see the unions get pennies on the dollar.


17 posted on 01/22/2011 6:24:03 AM PST by foobarred (My post is less racist than your teleprompter.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Scanian

New York. They can’t do bankrupcy soon enough!


18 posted on 01/22/2011 6:24:12 AM PST by BuffaloJack (What rights will the Obama's regime take from us today?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NoControllingLegalAuthority
"Insolvent states cannot pay their bills and current law gives them no place to turn."

A failed state.

Let them die or be absorbed into other states who are willing to lend the bankrupt residents a hand.

This is what promising everything and spending like their is no tomorrow gets you.

Someone has to pay.

There is no such thing as something for nothing...ever!

19 posted on 01/22/2011 6:26:30 AM PST by blam
[ Post Reply | Private Reply | To 15 | View Replies]

To: NoControllingLegalAuthority
Very large constitutional issues involved. Remember “never let a good crisis go to waste”
20 posted on 01/22/2011 6:28:06 AM PST by KSCITYBOY
[ Post Reply | Private Reply | To 15 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-25 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson