speed-11.thumbnail.jpgStiglitz has written an op-ed for the Financial Times opining that what Detroit needs is a Chapter 11 bankruptcy. His reasoning is that without getting rid of legacy costs like pension and forcing bond holders to take a haircut, the Big 2 1/2 will be burdened with costs which their competitors do not bear. A loan does not remove these costs, it merely postpones the day of reckoning.

He’s right, and he’s wrong. It is true that the auto companies need a restructuring, but it is not true that that restructuring needs to be done in bankruptcy. 80% of consumers won’t buy a car from a bankrupt company, and bankruptcy is not something which occurs fast. Right now, by the time a bankruptcy ends, there may be no market left for American cars and any auto companies remaining are likely to be shells of their former selves.

What needs to happen is to bring all the major players to the board and force a restructuring on them, with everyone losing something. The deal last night was scuppered because, in effect, Republicans only wanted union workers to take the bath, and not anyone else.

Congress can do this without forcing the companies into formal bankruptcy. It will take some creative lawmaking, but it was already implicit in the language asking the auto Czar to arrange for long term restructuring, and if he or she needed more power to force that restructuring, to come back to Congress to get the power.

The problem with doing all of this now was and is simply that Republicans are still in charge, and as they proved last night, their first, second and last intention in any restructuring is only to break the union and to reduce wages, not for everyone including bondholders and dealers, to make sacrifices.

So, while Stiglitz is half right in the long run, in the short run what is needed is what we’ve been calling for: a bridge loan to get the automakers to the next Congress and the next President. At that point, a new bill can be put out which allows a restructuring without formal bankruptcy and which forces everyone to take their fair shares of the losses, not just workers.

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