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Is Default Ever an Option?

Author
Stealing Honest
Stealing Honest Speculation Group LLC
#1 - 2011-10-11 02:09:09 UTC
Is this the White Albatross that investors pray doesn't try to fly again.?

Can a default be spun in a positive way?


Discuss.




SH


Brock Nelson
#2 - 2011-10-11 03:10:23 UTC
Quote:
Can a default be spun in a positive way?

No

Signature removed, CCP Phantom

Stealing Honest
Stealing Honest Speculation Group LLC
#3 - 2011-10-11 03:35:53 UTC
There must be a way.

There has to be a method in place for tens to hundreds of billions to be allow for an exit from a position that can't be maintained.

SH
Brock Nelson
#4 - 2011-10-11 03:39:24 UTC
Then Default is the wrong word. "Default" by definition is failure to pay back the loan.

It really depends on the terms of contract, did yours include an early exit terms?

Signature removed, CCP Phantom

Stealing Honest
Stealing Honest Speculation Group LLC
#5 - 2011-10-11 03:45:49 UTC
Im not sure if yours included an early exit or not.


Default means failure to pay an installment, which leads to a call on a loan.


We have seen calls for default after only a few days of a missed payment, is this good policy?


SH

Brock Nelson
#6 - 2011-10-11 03:49:41 UTC
Most IPO/bonds should have early exit condition because there will always be something that may force the contract to be terminated due to changes in the market or something happens to the manager, etc.

Signature removed, CCP Phantom

Stealing Honest
Stealing Honest Speculation Group LLC
#7 - 2011-10-11 04:21:06 UTC
Often these "Exit Conditions" are actually ........ "Hit By a Bus" situations.

What about plain old "The Market Fooked Me Conditions" ??


Maybe ans insurance clause?

SH
BornToDieAnotherDay
Tarazed Technology
#8 - 2011-10-11 04:30:35 UTC
Stealing Honest wrote:


Default means failure to pay an installment, which leads to a call on a loan.



Default typically means unable/unwilling to pay the principle of the loan back, which in the context of EVE is a scam.

Although I'm guessing by the quote that you're referring to someone being unable to meet an interest payment, in which case if the person can pay out the full principle to their investors then there is little harm done.

But tbh it's fairly simple, you can't lose someones money and expect a positive reception, no matter how you spin it.
Lyris Nairn
Perkone
Caldari State
#9 - 2011-10-11 05:51:15 UTC
As the case of Argentina clearly shows, default is very often a good thing especially in a situation where there exists no mechanism by which the indebted party may be forced to pay the owed debt. Investors look towards the future, not the past; if a default allows a party to clear up some bad situation that has arisen, for example being choked with interest on borrowed funds, and return to profitability, then the default can be positive in the long-run; moreover, that long-run may arrive in a relatively short time. Of course, this is not something that ought to be discussed openly and blatantly by persons intending to borrow funds, as it would predispose potential lenders against lending to that party. But it is mentioned in very good detail in Joseph Stiglitz's book Making Globalization Work.

Sky Captain of Your Heart

Reddit: lyris_nairn Skype: lyris.nairn Twitter: @lyris_nairn

RAW23
#10 - 2011-10-11 14:24:46 UTC  |  Edited by: RAW23
Whilst default might be a good, or even necessary, thing for the defaulter (Greece - please get on with it!) I can't see how you can ever put a positive spin on it for the investors who lose out.

How a default is managed, and how much acceptance it gains as a legitimate move, is going to depend on a variety of conditions: a) whether the possibility was accounted for in the original business plan the investors bought into; b) the situation that led to the default; c) whether the default is necessary or just desirable for the defaulter.

In the case of c) I would think the default would actually have to be a necessity to receive any degree of acceptance, by which I mean that the issuer is actually unable to cover his agreed obligations and not just that he has lost so much isk that he simply doesn't want to cover his remaining debts even though he is able.

In the case of b) the situation will depend on how the situation arose. Frankly, short of serious illness it should be pretty much impossible to lose significant quantities of isk in market related endeavours unless they are based on speculation. If the investors bought into a speculation bond then they should be prepared to face losses and the bond-issuer cannot really be faulted too heavily if he bets on the wrong horse and wipes himself out (from the ethical, rather than financial perspective - he can of course be financially faulted for losing a shed-load of cash). On the other hand, if the bond issuer got into speculation by departing from his published business plan then there will probably be very little symptahy from investors who have, effectively, been lied to.

Finally, in the case of a) investors should have no complaints if there is an explicit procedure laid out for managing a default but if there isn't a procedure then the only option for keeping investors happy to any degree is to resolve the default through negotiation and not through the imposition of a solution.

But, basically, people shouldn't be defaulting unless either there was clear scope for major losses in the business plan that the investors signed up to, in which case they accepted those risks, or the defaulter has done something ethically dubious such as misleading investors about what the plans for the cash really were.

Edit - btw, didn't you start another thread on this topic about a month ago? Or was that one on business failure?

There are two types of EVE player:

those who believe there are two types of EVE player and those who do not.

Angsty Teenager
Broski North
#11 - 2011-10-11 16:46:54 UTC
When all of the money invested is stolen in the first place, it doesn't matter.

ALL'S FAIR IN WAR
Ray McCormack
Nordar Innovations.
#12 - 2011-10-11 17:31:19 UTC
Absolutely default is an option and can be spun positively. It's happened previously with FIN/FIN-U and EBANK, although the latter was actioned by some conceited, arrogant prick and went down like a cup of cold sick. By any other method it could have been notched up as a successful, orderly default.

FIN/FIN-U definitely was, bond payments were stopped and blueprints liquidated over a few months and eventually, due to market exuberance for exclusive items, all outstanding bonds were repurchased at full face value.
Lyris Nairn
Perkone
Caldari State
#13 - 2011-10-11 18:33:11 UTC
RAW23

I prefer to be a political realist, so while I can appreciate your points (a) and (b), I am interested only in addressing point (c). I offer my sincere apology if this is offensive to you; and, if you would like some time later, I will be happy to discuss those other points. For now, I have a general statement to make which shall span two posts, and focusing exclusively on point (c) is more beneficial to the illustration of my perspective. I hope that you won't consider this methodology dishonest.

With respect to point (c), there exists the possibility of several contributing factors which may or may not be public knowledge prior to or at the time of a default. These in turn would depend on a few other factors, to include but not limited to the initial and ongoing efforts of the indebted party to maintain transparency with investors with regard to the operation of a specific business model. These contributing factors may or may not be known or knowable to the indebted party, or to the public; moreover, they may arise gradually or suddenly. Further to this, these same contributing factors may be misidentified or miscalculated, may be overlooked or ignored, and may not be apparent to either the indebted party or his investors early enough into their influence to be mitigated; or, more likely, human error in the form of negligence, hubris or fallacious logic (e.g., hindsight, sunk cost, etc.) may be culprit to the mismanagement of available resources or improper response to a given scenario.

I am intentionally vague with the above statement because there exist a preponderance potential criteria to satisfy the definition of a "contributing factor". One must consider the usual volatility of the in game market, the potential for real life to interfere with game play in unpredictable—or perhaps predictable but unavoidable—ways, or for the meta-game to suddenly change. This last point is especially poignant right now, with the advent of the Goonswarm Shrugged project. Whereas a month ago a very conservative and practical estimate of profitability in numerous sectors may have shown a tendency towards safe and sustainable growth, those same sectors may suddenly be in great disarray as the result of external speculation. By external speculation, I mean speculation on the part of individuals other than a particular indebted party. Consider for the sake of illustration a business model that relied on the use of Gallente Control Towers—owned by the indebted party or by completely unrelated third parties—in some way; for example, a reaction chain, or a tech 2 production chain, or anything secondary to such operations. Such business models, while allowing for great margins of error prior to the advent of Goonswarm Shrugged would very likely become considerably less profitable in the short-term.

I could go on to illustrate numerous other in game, meta game, or real life situations that could contribute negatively to the possibility of ongoing functions as originally planned and advertised. The point I would be making, as with the situation already outlined, is that sometimes things happen which make it impossible for the indebted party to follow the original business plan. The particular example I used is chosen because it illustrates an extreme permutation of the meta-game, in which the fault is wholly and provably external to the indebted party's ability to plan and predict; but, the same point is true even for situations that he indebted party could have—and perhaps should have—been able to predict and for which he should have reasonably been able to make alternative plans. The only factor that matters, at the end of the day when balancing the numbers, is that for whatever reason the indebted party is unable to follow the original plan.

It is in this case that it is sensible to default, especially when considering the long term both with regards to the individual indebted party and with regards to the meta-game. With regards to the individual, it displays a certain levelheadedness and practicality which I find attractive to know when it's time to call it quits. This is not to say that I endorse a sudden and impromptu default and the following disappearance of the indebted party from all channels of communication. While that is certainly in the immediate interest of the indebted party, a smash-and-grab is never good for the investor. But by openly and publicly defaulting on the original business plan and suspending payments, two positive things are accomplished: first, the indebted party is freed from having to make a certain number fit in an environment where it is increasing difficult to do so; second, the indebted party is able to turn effort and possibly capital that otherwise would have been dedicated to fighting an uphill battle against a negative environment towards more lucrative activities.

The long term goal of such measures, as with the case of Argentina's sovereign default in 2001, is to allow the indebted party to recover and then, once things have settled and the indebted party is back on his feet, to repay the balance owed. In such a situation, though I would be a bit miffed and worried in the short term (during the default and the intervening time), I cannot in good conscience look down on someone taking such actions. They are responsible; they are practical; and, despite what I am sure a great number of people on this forum will say, they have no negative effects on the long term viability of the indebted individual's ability to raise funds in the future, providing that the default is handled amicably and especially if the indebted party works toward and eventually succeeds in repaying the balance owed.

Sky Captain of Your Heart

Reddit: lyris_nairn Skype: lyris.nairn Twitter: @lyris_nairn

Florestan Bronstein
Ministry of War
Amarr Empire
#14 - 2011-10-11 18:35:38 UTC  |  Edited by: Florestan Bronstein
don't want to derail this thread into a debate on RL politics but

(a) Since its default Argentina has difficulties getting further financing on the market. This lead to a crisis early last year when Kirchner fired the central bank president because he refused to hand over the central bank's assets to her so she could use them to make amendments to (former) creditors and thus regain access to financing.

(b) Greece is running a primary deficit and will continue to do so until at least 2013. Even if they would default on their debt completely (which is very unlikely) and implement the consolidation schemes suggest by IMF et al. they would still have to borrow funds (or print currency). A similar situation as in (a) could arise mid-term.

(if you look for countries to compare Greece with Argentina - which dropped the fixed exchange rate to the dollar - and Latvia - which had to maintain a fixed exchange rate to the Euro at all cost as not to risk its admission into the ECU - are my favorites; but I am of course biased by preference and teachings Blink)


edit: can a (partial) default be spun in a positive way? absolutely!
Contrast Chapter 7 and Chapter 11-style insolvencies IRL. The question is whether there is a real benefit for the "society" in EVE from implementing a Chapter 11-like process.
Lyris Nairn
Perkone
Caldari State
#15 - 2011-10-11 19:12:15 UTC  |  Edited by: Lyris Nairn
Florestan Bronstein wrote:

(a) Since its default Argentina has difficulties getting further financing on the market. This lead to a crisis early last year when Kirchner fired the central bank president because he refused to hand over the central bank's assets to her so she could use them to make amendments to (former) creditors and thus regain access to financing.

I am literally nitpicking at this point, but Argentina has managed to accrue significant external debt and investment funds in the years since 2001. That money just has not come from the IMF or the WGB; instead, there has been significant lending by Venezuela, and investment by private enterprises from such countries as the United States. More to the point, default and the resultant lack of future investment funds are only considered bad because of the implication that the lack of these those funds will result in detriment to the betterment of the defaulting party. This has certainly not been the case for Argentina after its 2001 default. The country's economy has handled the 2008-2009 global recession far better than the United States, despite the latter having never defaulted on a debt (and being pretty much incapable of doing so given that the U.S. external debt is owed in its own currency).

Sky Captain of Your Heart

Reddit: lyris_nairn Skype: lyris.nairn Twitter: @lyris_nairn

Mara Villoso
Long Jump.
#16 - 2011-10-11 20:10:38 UTC
Why do you ask? Got something you need to spin?
Stealing Honest
Stealing Honest Speculation Group LLC
#17 - 2011-10-11 23:05:36 UTC
RAW23 wrote:


Edit - btw, didn't you start another thread on this topic about a month ago? Or was that one on business failure?



That one was more about business failure. This one is more about defaulting and recovery.




Mara Villoso wrote:
Why do you ask? Got something you need to spin?



You spin me right round, baby
Right round like a record, baby
Right round round round





SH

RAW23
#18 - 2011-10-12 08:21:56 UTC  |  Edited by: RAW23
Lyris Nairn wrote:


I could go on to illustrate numerous other in game, meta game, or real life situations that could contribute negatively to the possibility of ongoing functions as originally planned and advertised. The point I would be making, as with the situation already outlined, is that sometimes things happen which make it impossible for the indebted party to follow the original business plan. The particular example I used is chosen because it illustrates an extreme permutation of the meta-game, in which the fault is wholly and provably external to the indebted party's ability to plan and predict; but, the same point is true even for situations that he indebted party could have—and perhaps should have—been able to predict and for which he should have reasonably been able to make alternative plans. The only factor that matters, at the end of the day when balancing the numbers, is that for whatever reason the indebted party is unable to follow the original plan.

It is in this case that it is sensible to default, especially when considering the long term both with regards to the individual indebted party and with regards to the meta-game. With regards to the individual, it displays a certain levelheadedness and practicality which I find attractive to know when it's time to call it quits. This is not to say that I endorse a sudden and impromptu default and the following disappearance of the indebted party from all channels of communication. While that is certainly in the immediate interest of the indebted party, a smash-and-grab is never good for the investor. But by openly and publicly defaulting on the original business plan and suspending payments, two positive things are accomplished: first, the indebted party is freed from having to make a certain number fit in an environment where it is increasing difficult to do so; second, the indebted party is able to turn effort and possibly capital that otherwise would have been dedicated to fighting an uphill battle against a negative environment towards more lucrative activities.



First let me say how much I like your writing style. There is something oddly, yet comfortingly, familiar about it.

That aside, I take it that these two paragraphs contain the core of your view? First off, I would certainly accept that someone might take some losses from unpredictable, or even predictable, market events. But there are only a few original business plans I can envisage that would put one in a situation where serious losses might occur unless one were subject to a pretty impressive chain of freak bad luck such as I have never seen, or even heard of, during my time in eve. What seems far more likely, and the situation that examples point more towards, is that a situation may develop that limits one's ability to cover the interest payments from the profits of the bond. So, it might be worth distinguishing two senses of default here: in the first case one defaults in such a way that one is unable to continue to pay the interest owed on an ongoing basis but are still able to repay the initial sum borrowed; in the second case one is able neither to repay the original sum (or some part of it) nor to cover the interest payments.

The first sense of default seems relatively unproblematic. I doubt any investor will be very concerned if a bond closes early as long as he gets his initial investment back. If the borrower is also able to personally cover outstanding interest payments, as will be the case in the majority of situations, then I can't really see any reason for not offering to do so, especially if the borrower wants to be able to borrow again in the future. So, I don't see any need in this case to go down the very radical route of suspending interest payments, changing the business plan (with or without investor permission?) and attempting to recover, since there is nothing significant to recover from, certainly not anything significant enough for it to be in the investors' interest to have their isk sequestered and possibly risked on further ventures that they have not agreed with.

Your proposed approach seems more useful in the case of a business that has actually incurred significant losses. However, again I can't see any reason for the investors to be happy with the already problematic business manager locking down their isk and proceeding down a new road without their permission, especially given that the likely causes of any significant losses will be negligence (with extreme bad luck being an outlying possibility) unless the bond was based on speculation, or possibly a low or null-sec industrial plan that actually runs a genuine risk of loss of assets. My own view is that the bond issuer simply doesn't have the right to socialise his personal losses by imposing additional burdens on the investors, especially if the borrower is actually able to make good his debts from his personal wallet. Bonds are personal debt and are not ring-fenced in the same way as equity based operations are. Obviously, the person holding the cash can, in reality, do what they want. But you are never going to be able to spin a non-consensual action positively for those who don't consent.

There are two types of EVE player:

those who believe there are two types of EVE player and those who do not.

RAW23
#19 - 2011-10-12 08:33:23 UTC
Florestan Bronstein wrote:
don't want to derail this thread into a debate on RL politics but

...


(b) Greece is running a primary deficit and will continue to do so until at least 2013. Even if they would default on their debt completely (which is very unlikely) and implement the consolidation schemes suggest by IMF et al. they would still have to borrow funds (or print currency). A similar situation as in (a) could arise mid-term.

...


But the primary deficit itself would stop being a problem if they defaulted and dropped the Euro, wouldn't it? As you note, they would be able to print their own money and this should be enough to get them through their recession without ending up with hyper-inflation shouldn't it?

The current situation and set of plans seem to be simply unsustainable. All the cuts they have imposed appear to have barely scratched the surface of the finanical problems and I doubt that it will be possible to cut much further without leading to serious revolutionary violence (perhaps not a terrible thing given the corruption endemic in Greece's current hierarchy). In fact, their debt is still growing at quite a fast pace so I cannot see any light at the end of the tunnel without some kind of default. I would very much like to hear what the other options are, though, as I haven't actually found any commentators offering a plan that they claim will actually solve the situation rather than just patching over it for a few years.

There are two types of EVE player:

those who believe there are two types of EVE player and those who do not.