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US Government Debt Different - Finance Department - University of ...

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Donald S. BernsteinAmendment, simply default on its debts without making a defaultremedy available to its creditors.241Even though, however, we are unlikely to find a bankruptcy silverbullet to help restructure the debts <strong>of</strong> the United States, experiencefrom corporate bankruptcies and reorganizations can teach us much.Bankruptcy accomplishes two fundamental things for a distressedcompany. First, it helps the company restore its pr<strong>of</strong>itability by givingit breathing space and helping it eliminate costs (through, amongother things, discontinuing unpr<strong>of</strong>itable operations, rejecting executorycontracts and leases, and eliminating interest expense). Second,through the discharge <strong>of</strong> claims, it permits the company to right-sizeits debt load so it fits the company’s income generating capacity. Thecosts and debts eliminated in a typical bankruptcy reorganizationinclude not only those arising out <strong>of</strong> debt for borrowed money butalso day-to-day operating payables and long term payment commitments.From a financial point <strong>of</strong> view, operating payables and longterm commitments are just other forms <strong>of</strong> debt, and if they are abovethe level that can be sustained by the company over time, they haveto be reduced for the company to survive.To successfully restructure, the cost <strong>of</strong> the company’s financial survivalmust be spread among the company’s stakeholders, includingshareholders, lenders, suppliers, current employees and retirees. Ourbankruptcy laws and the parties’ relative non-bankruptcy entitlementsset the parameters for the allocation <strong>of</strong> costs among the relevantparties.Financially strapped sovereigns, like business enterprises, must spreadthe cost <strong>of</strong> their restructuring among their relevant stakeholders toachieve sustainability. The stakeholders are, <strong>of</strong> course, somewhat differentfrom those in a private enterprise. In addition to the holders<strong>of</strong> the sovereign’s debt, the stakeholders include the users <strong>of</strong> governmentservices (the public), the beneficiaries <strong>of</strong> government support(such as social security and medicare recipients) and taxpayers. Increasingtaxes, reducing services, and reducing debt and long termcommitments are the devices available to the sovereign to achievesustainability. However, in the case <strong>of</strong> sovereigns, there is no bank-

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