Professor DeLong's history lesson for the day

And a damned useful one:

Thank you. I remember, back when I was working for the Treasury, after one White House meeting Joseph Stiglitz—then one of the members of the President's Council of Economic Advisors—turned to me and said:

Brad, not every question is best answered with a 10 minute economic history lecture.

But most are.

So let us start in the 1860s with the industrialization of America and the rise of the large scale business enterprise. There is then a law of bankruptcy: when a company does not pay you, and when you cannot work out terms, you go to a judge. The judge bangs his gave. The sheriff then auctions off the company's assets on the sidewalk and the company shuts down.

By the 1890s the judges in New York are saying: "Wait a minute! This makes no sense. Even though it is bankrupt, the New York Central Railroad is much more valuable as a going concern than if we simply pulled the individual rail segments off the roadbed and sold them off as ornamental ironwork. Moreover, there are lots of other stakeholders who rely on the operations of the New York Central--and even though they are not parties, there is a public interest in not having them suffer economic harm." So the judges change the law: they decide that when a large business enterprise goes bankrupt, we the judges will freeze its finances but let its operations continue while people negotiate and design and we approve a plan to restructure its debt and equity so that it can continue to operate. After judges took the lead legislators followed, and so we developed our current law of bankruptcy: when a company declares bankruptcy; we minimize the economic disruption by freezing and then sorting out its finances but letting its operations continue.

This system works pretty well in dealing with the bankruptcies of operating companies. Finances are frozen, debtor-in-possession financing is arranged, operations continue, the lawyers maneuver, and eventually a new financial superstructure is negotiated and plopped down on top of the operating company.

The problem is financial companies. They have no operations. They are all finance. When you freeze the finances the thing dies instantly.

Come the 1930s we face the waves of bank bankruptcies which make the Depression Great. The unemployment rate spikes to a peak non-farm level of 28%. We get the New Deal. The New Deal establishes the FDIC—which exists, among other things, to handle bank failures. When a bank fails the FDIC will go in, pay off its insured deposits, take over its assets and other liabilities, hopefully find a solvent and sound bank to take over the good-bank parts, and eat the remaining losses. This serves as an financial-sector analogue of Chapter 11. The hope was that with the FDIC we will never get into another situation like 1931 in which applying bankruptcy law to failing financial institutions produces general economic disaster.