Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Analysts Liken Potential U.S. Default to Lehman Brothers' Fall

Author: Joel R. Glucksman

Date: October 22, 2013

Key Contacts

Back

The federal government shutdown has captured the attention of many analysts, especially with the approach of the Oct. 17 deadline to raise the debt ceiling and avoid a default on U.S. debt obligations. Given the potential global financial disaster that could follow such a default, some financial and capital market analysts are likening the situation to what occurred following the collapse of Lehman Brothers, which eventually resulted in one of the largest corporate bankruptcy law filings in history.

In the case of Lehman, the capital markets seized up due to traders’ concerns about the level of impacted collateralized debt obligations that their trading partners might be holding.  In the case of a U.S. debt ceiling breach, the vast part of the capital markets which is based on or depends on Treasury bills for fluidity would seize up as traders wondered when and if Treasury bill collateral would be paid off by the U.S.

In fact, today’s situation could be far worse than that of 2008. The $12 trillion of outstanding U.S. government debt is 23 times the $517 billion that Lehman owed when it sought bankruptcy protection, and the global repercussions could be much worse, Bloomberg reports. The likely damage includes driving up borrowing costs for billions of people and companies, undermining U.S. credibility, and plunging world economies into a recession or, potentially, a global depression. At the least, a U.S. debt default would shock the investment community and cause market instability, particularly with regard to the repurchase agreement market, which all but froze after Lehman collapsed. Still, although many of the ramifications of a U.S. default would have effects similar to those following the Lehman bankruptcy, former Treasury official Tim Bitsberger said that the two simply aren’t even in the same league.

“If we miss an interest payment [on U.S. debt obligations], that would blow Lehman out of the water,” said Bitsberger, according to Bloomberg. “Lehman was an isolated company, and now we are talking about the U.S. government.”

Foreign leaders have already voiced their concerns about a potential U.S. default, with China expressing the largest amount of worry. The Asian country currently holds 22.85 percent of U.S. debt held by foreign parties, making it America’s largest foreign creditor. [The vast majority of U.S. Treasury bills is still held by U.S. citizens and organizations.]

“We ask that the United States earnestly takes steps to resolve in a timely way before October 17 the political (issues) around the debt ceiling and prevent a U.S. debt default to ensure safety of Chinese investment in the United States and the global economic recovery,” said China’s vice finance minister Zhu Guangyao.

Given the effects that might flow from a Chinese loss of confidence in the U.S. capital markets, Capital Hill in Washington would be wise to pay heed.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers post image

BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers

Developers, engineering, procurement, and construction (EPC) contractors, and equipment suppliers each play a critical role in completing a BESS project. However, when equipment costs rise, deliveries are delayed, or regulations change, determining who bears the financial consequences can become contentious. Well-drafted project agreements are essential to sound risk allocation. Key Takeaways This article is Part […]

Author: Nicholas Wall

Link to post with title - "BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers"
IP Infringement: What Steps Can You Take If You're Affected? post image

IP Infringement: What Steps Can You Take If You're Affected?

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]

Author: Michael Mietlicki

Link to post with title - "IP Infringement: What Steps Can You Take If You're Affected?"
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next post image

Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]

Author: Sean M. Pena

Link to post with title - "Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next"
BESS Interconnection: Managing Grid, Cost, and Schedule Risk post image

BESS Interconnection: Managing Grid, Cost, and Schedule Risk

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]

Author: Nicholas Wall

Link to post with title - "BESS Interconnection: Managing Grid, Cost, and Schedule Risk"
Navigating Director and Officer Liability in Times of Financial Distress post image

Navigating Director and Officer Liability in Times of Financial Distress

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]

Author: Michael Mietlicki

Link to post with title - "Navigating Director and Officer Liability in Times of Financial Distress"
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey post image

Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]

Author: Nicholas Wall

Link to post with title - "Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!