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Re:Busted retailers use bankruptcy to break leases by the th... by mikestew on Thursday August 06, 2020 @03:51PM (#24074748)
Man, with (currently) four comments mentioning that this is "what bankruptcy is for", I think the point of the article might have been missed. This isn't some sneaky "one weird trick", and that's not the reason Bloomberg is reporting on it. In fact, the tone of the article to me is, "yup, companies do it all the time, but..." And the "but" is:

But the moves threaten to upend huge swaths of the real estate market and the half-trillion dollar market for commercial mortgage-backed securities.

It's not "Busted US Retailers Use Bankruptcy to Break Leases", but more the "...by the Thousands" part. Malls are going to start becoming ghost towns, especially with no anchor stores like Penny's and the since-departed Sears.

Re:Busted retailers use bankruptcy to break leases by the th... by pgrote on Thursday August 06, 2020 @05:44PM (#24075809)
>But the moves threaten to upend huge swaths of the real estate market and the half-trillion dollar market for commercial mortgage-backed securities.

And?

Seriously. We either have to choose to be a market that is somewhat free or not. At this point, the government is choosing winners and losers. It is a repeat of 2008. Oh no, it is too big to fail.

Someone will come by with the investment to buy what is left. Perhaps they will run it better. Prepare better.

We're going through this with airlines and cruise companies now fighting for more money and loans from the government. Perhaps Delta grew too large to be what they are now. Maybe there are too many malls in existence. Maybe the method in which we collateralize mortgages doesn't make sense anymore.

Our economy has developed the too big to fail mindset and forgotten, largely, you can lose.

Re:Busted retailers use bankruptcy to break leases by the th... by patmcc on Thursday August 06, 2020 @05:58PM (#24075921)
>>>And?

It's a news story, there doesn't have to be any underlying editorial message. Sometimes the news is just "thing happens".

Re:Busted retailers use bankruptcy to break leases by the th... by koolba on Thursday August 06, 2020 @06:52PM (#24076267)
For most publications that time past a long time ago. There’s a limited space so even “presenting the facts” has an editorial bias when you decide which facts you are presenting.

The extreme example of this is a political news site that dedicates its entire site to posting anything that paints its opponents or their positions in a negative light. They can all be “thing happens” stories, but the filter alone gives it an angle.

Re:Busted retailers use bankruptcy to break leases by the th... by seanmcdirmid on Thursday August 06, 2020 @10:25PM (#24077399)
The article here is not of that kind. Business publications tend to be the most report-fact-based, simply because their readers don’t make money by deluding themselves with confirmation bias.
Re:Busted retailers use bankruptcy to break leases by the th... by Wowfunhappy on Thursday August 06, 2020 @11:20PM (#24077728)
Well, you have the existence of this article as a counterpoint. :)
Re:Busted retailers use bankruptcy to break leases by the th... by beojan on Friday August 07, 2020 @06:04AM (#24080263)
> For most publications that time past a long time ago.

The exception would be Bloomberg, or the Financial Times. Publications read for information to make decisions on.

Re:Busted retailers use bankruptcy to break leases by the th... by jldugger on Thursday August 06, 2020 @11:04PM (#24077593)
>>But the moves threaten to upend huge swaths of the real estate market and the half-trillion dollar market for commercial mortgage-backed securities.

>And?

And if you're a trader reading Bloomberg news, maybe factor that into your trading decisions, or something. Not every piece of news is a call for government regulation.

Re:Busted retailers use bankruptcy to break leases by the th... by jader201 on Friday August 07, 2020 @01:32AM (#24078692)
Sounds like the underlying question behind the “and?” is, why is this news on HN?

As has been stated, this happens, it’s what bankruptcy is for, and is not all that shocking or worth particular notice here.

Re:Busted retailers use bankruptcy to break leases by the th... by bleuedejapan on Friday August 07, 2020 @05:18AM (#24079973)
Considering that there will be a huge amount of unused, cheap real estate, and that only tech companies seem to be holding off the crisis, it is pretty much relevant - real estate will be a huge opportunity for tech.
Re:Busted retailers use bankruptcy to break leases by the th... by jtbayly on Friday August 07, 2020 @09:27AM (#24081547)
Opportunity for what? Given the increase in WFH, tech companies are also using less real estate.
Re:Busted retailers use bankruptcy to break leases by the th... by jldugger on Friday August 07, 2020 @03:53PM (#24085834)
Opportunity for more datacenters? A lot of datacenters are built inside abandoned warehouses and other buildings: https://www.datacenterdynamics.com/en/analysis/recycled-buil...

These places tend to be connected to useful infrastructure like rail lines, and at least in the US, the internet kinda borrowed rail's right of way to lay fiber. Not sure how well connected malls are; they tend to be near highways so it might have a similar advantage?

Re:Busted retailers use bankruptcy to break leases by the th... by bleuedejapan on Saturday August 08, 2020 @02:33AM (#24089566)
Tech enabled homes, for example. Converting malls into homes, and managing building complexes using a tech stack...

If you really can't figure out one single use for cheap empty space, man, you need take a step back and just play around with your imagination a bit :)

Re:Busted retailers use bankruptcy to break leases by the th... by jtbayly on Saturday August 08, 2020 @03:19PM (#24094304)
I can think of plenty of uses of empty space. Housing is just one of them. What I didn't come up with was any need that tech companies might have. (I hadn't thought of datacenter, which another commenter mentioned, but I doubt the space opening up will be particularly useful for that.) Regardless, I've not heard of any tech companies needing huge amounts more space recently. Starting a new housing company to use this space might make sense, but I doubt any of the tech companies have any desire to become housing companies. I guess I could be wrong. If they do, I'll be removing any investments I might have with them, though.
Re:Busted retailers use bankruptcy to break leases by the th... by renewiltord on Thursday August 06, 2020 @09:27PM (#24077103)
Well, they would rightly argue that if you want to ensure market freedom, then you should let them keep their doors open and let people decide whether to attend and let people decide whether they want to work. Just free parties making decisions.

If you decide you're going to force a shutdown and result in the unemployment of millions, you're going to have to ensure they have jobs to come back to.

Re:Busted retailers use bankruptcy to break leases by the th... by rrrrrrrrrrrryan on Thursday August 06, 2020 @07:39PM (#24076556)
When corporations start buckling during sharp economic downturns, everyone's first instinct is always "let them burn."

But it's often not a choice between letting entire swaths of our economy collapse, and dumping absurd amounts of our tax dollars to prop up these poorly-run companies. We can give them loans with strings attached, force them to go through bankruptcy, wipe out the shareholders but preserve the structure of the company, bail them out but subject the industry to much greater regulatory scrutiny, etc.

Personally, I wish we had a straightforward way to bail out a company and have the U.S. government take ownership in the company until the stake can be safely unwound, or the too-big-to-fail company can be broken up. Theoretically, with a controlling stake and the corresponding board seats, you could force out the lousy management that didn't take adequate precautions as well.

It'd kind of be socialism-esque nationalization of industries with extra steps, but Japan has been doing a similar-style thing since the 90s, and I can't imagine it would be any worse than the relatively strings-free bailouts we've seen, or the collateral damage and runaway collapse that would occur from letting a monstrous chunk of the economy fail all at once.

Re:Busted retailers use bankruptcy to break leases by the th... by frandroid on Thursday August 06, 2020 @08:41PM (#24076865)
Or you know, make up for the missed opportunity of 2008/2009, where the government could have bailed out underwater homeowners so that the bailout would have trickled up to the mortgage holders, instead of pouring money into banks and letting people suffer. Thanks, Obama.

Canada's CERB and CECRA have been doing wonders to keep ordinary people either afloat or employed, trickling up to small businesses all over.

(I don't mind your plan either, but it involves more per-company hand-holding than simply giving out generous unemployment and employment-support benefits)

Re:Busted retailers use bankruptcy to break leases by the th... by dashundchen on Thursday August 06, 2020 @10:29PM (#24077416)
Just to clarify, both TARP and Emergency Economic Stabilization Act were signed into law in October 2008 before Obama was even elected president.

Not saying he wouldn't have also signed the acts but the crisis was well underway by the time Obama was in the White House.

Re:Busted retailers use bankruptcy to break leases by the th... by mgkimsal on Thursday August 06, 2020 @10:41PM (#24077467)
obama did vote for TARP as a senator, so it's likely he would have supported it (or a variation) as president.
Re:Busted retailers use bankruptcy to break leases by the th... by jt94mf90d on Friday August 07, 2020 @02:56AM (#24079107)
The point he was making was the thanks obama doesnt make cents. Thank bush for the economic catastrophe for obama to inherit.
Re:Busted retailers use bankruptcy to break leases by the th... by bsder on Thursday August 06, 2020 @09:32PM (#24077129)
> the government could have bailed out underwater homeowners

Why reward people who gambled and lost? Bust them out.

People will either buy the houses at more reasonable prices or (more likely in this case) the banks will renegotiate more reasonable terms with the original mortgage holders because they have too much supply and no buyers.

> instead of pouring money into banks and letting people suffer. Thanks, Obama.

That wasn't possible as liquidity also died. Solvent businesses couldn't give people paychecks because the banks had no cash. You had to bail the banks.

HOWEVER, what needed to happen was that the bank investors needed to get busted out. That was where Obama went wrong.

Re:Busted retailers use bankruptcy to break leases by the th... by pgrote on Friday August 07, 2020 @09:16AM (#24081436)
>Why reward people who gambled and lost? Bust them out.

Why reward corporations and investors who gambled and lost? Bust them out.

>People will either buy the houses at more reasonable prices or (more likely in this case) the banks will renegotiate more reasonable terms with the original mortgage holders because they have too much supply and no buyers.

Other companies will buy the businesses at more reasonable prices or (more likely in this case) the banks will renegotiate more reasonable terms with the original mortgage holders because they have too much supply and no buyers.

And this was the issue with the 2008 fiasco. The government chose to save large financial institutions instead of breaking them up so the problems would be less likely to happen again. They chose to save large corporations over homeowners.

It is happening now with the pandemic response. I get the federal government wanted to dump a ton of money into the economy through PPP, but man, you cannot tell me the Catholic Church needed it. They are sitting on assets worth billions they could have sold/borrowed against to stay afloat. Same with large private educational institutions and public corporations.

The next round, and there will be a next round, will be more of the same. Carve outs will be rampant.

The USA should have looked at other countries providing direct income replacement to citizens. 70% income replacement sent to citizens and not force them through state's unemployment processes. Other countries did this and it worked.

Re:Busted retailers use bankruptcy to break leases by the th... by bsder on Friday August 07, 2020 @08:01PM (#24087742)
> Why reward corporations and investors who gambled and lost? Bust them out.

Um, exactly?

As I said, the bank investors should have gotten wiped out.

The worst part is that a bank is probably the single business type that the Federal government can actually replace on a short timescale.

Re:Busted retailers use bankruptcy to break leases by the th... by dillondoyle on Thursday August 06, 2020 @10:36PM (#24077451)
I would argue the gambler's are those buying insane billions in MBS and derivatives of derivatives of MBS, with what turns out to be totally BS ratings and a whole lot of what should have been obvious to see fraud
Re:Busted retailers use bankruptcy to break leases by the th... by 0xy on Friday August 07, 2020 @01:38AM (#24078726)
In this case, the downturn is caused by deliberate government action. How can you call a small local cafe forced to shut by government "poorly-run"? They were literally forced out of business by legislation that prevented them from even trading.
Re:Busted retailers use bankruptcy to break leases by the th... by rrrrrrrrrrrryan on Friday August 07, 2020 @03:20PM (#24085545)
I was specifically discussing how we could better handle bailing out these too-big-to-fail corporations, not small companies, which should obviously be assisted in different ways.
Re:Busted retailers use bankruptcy to break leases by the th... by tcbawo on Friday August 07, 2020 @01:06AM (#24078545)
You could look at it from the perspective of adapt or die. But you can also look at certain industries/companies like an endangered species. Once the last rhino dies, it's gone forever. Not a totally straightforward decision.
Re:Busted retailers use bankruptcy to break leases by the th... by nugget on Friday August 07, 2020 @01:32AM (#24078693)
I understand why we’d want to save the airlines (for instance) from extinction, but why bail out the current equity holders as opposed to an orderly, Government-backed restructuring in bankruptcy court?
Re:Busted retailers use bankruptcy to break leases by the th... by munk-a on Thursday August 06, 2020 @06:32PM (#24076133)
The US has never been a free-market and, honestly, the vitriol that folks use when talking about socialism has just hurt efforts to apply sane regulations that would help stabilize the market.

The US still uses SSNs for everything because everyone is too afraid of government identification to pursue a more sane approach, the result is a government issued identification that is poorly designed for what it's used for and extremely insecure. The same thing happens with our economy, instead of taking sane measure to fight against the penultimate death of capitalism (the slide into oligopolies) the vitriol against any form of government intervention has placed us in a situation where heavy handed government intervention is regularly required - we're avoiding a soft form of socialism and ending up with having to intervene like a planned economy about once every decade.

I really hope this can be solved by some smart people without trying to enlist wide-spread political support since I don't think that support is ever going to materialize.

Re:Busted retailers use bankruptcy to break leases by the th... by throwaway0a5e on Thursday August 06, 2020 @06:45PM (#24076221)
>The US has never been a free-market

Pretty much every market in the US has been insanely free, like "just don't kill people quickly and we don't care" free at some point. They all stopped being free when they got big. Then government got involved and regulation, regulatory capture and whatnot happened (I'm intentionally glossing over the details because they vary by industry and I don't want to pass judgement).

Re:Busted retailers use bankruptcy to break leases by the th... by brudgers on Thursday August 06, 2020 @04:32PM (#24075156)
Commercial mortgaged backed securities are an investment. Investments come with risks. Bankruptcy is just part of that risk.

The US is thirty years out from the previous commercial real-estate reckoning. The S&L crisis. Everything that was booming a year ago was built on top of that reckoning.

Re:Busted retailers use bankruptcy to break leases by the th... by martinald on Thursday August 06, 2020 @05:59PM (#24075923)
Exactly. That is the whole deal with being a commercial landlord. It isn't just "upward-only rent adjustments" every 5-10 years and cream a load of profit. There is meant to be some risk in return.

In London a lot of commercial rents in newly gentrified areas have went up 10x+ in the last 10-20 years. There has been an awful of lot of value transferred to these landlords for really not a huge amount of work in many cases.

Re:Busted retailers use bankruptcy to break leases by the th... by sharklazer on Thursday August 06, 2020 @06:22PM (#24076055)
Yes, but we're overleveraged. And I mean "We're" because the people who hold the debt is actually quite spread out and obfuscated.

I don't disagree with you in principal, but unfortunately, we have a parallel problem of how the debt market works, which is essentially to generated and then sell the debt to investors, diffusing the "risk", or rather, I think of it more as displacing it. Much less incentive for active participation in investing via debt. People who end up holding the debt are many steps away from being able to have conducted due diligence.

Not to harp on a point, but the big theme of this whole fiasco starts with the displacement of risk from the risk taker. And since we've permitted that, we're all stuck with it.

Re:Busted retailers use bankruptcy to break leases by the th... by linuxftw on Thursday August 06, 2020 @06:48PM (#24076239)
> People who end up holding the debt are many steps away from being able to have conducted due diligence.

And they should face the losses. And maybe learn from their mistakes.

And the people that were responsible with their money, didn't take on the risky assets that generated out-sized returns will be able to invest because they preserved capital.

Re:Busted retailers use bankruptcy to break leases by the th... by throwanem on Thursday August 06, 2020 @04:30PM (#24075140)
Malls being ghost towns is a side story. After the 2008 residential MBS crash, as I understand it, a lot of that money moved to the then relatively stable commercial MBS market. If that market goes toes up in turn, with this...

(That hasn't been in the news for a few months, so I had to look around for some perspectives. Cf. https://daily.jstor.org/the-commercial-real-estate-markets-i... and, perhaps more controversially, https://www.propublica.org/article/whistleblower-wall-street..., suggesting that some of the same practices that turned the residential market into a crash-in-waiting may have been applied in the commercial market as well.)

Re:Busted retailers use bankruptcy to break leases by the th... by slowmovintarget on Thursday August 06, 2020 @06:37PM (#24076163)
It's a bit worse than that. The same practices that caused the 2008 crash came back in the guise of "non-prime mortgages". They are functionally identical to sub-prime mortgages.

The new laws did nothing to prevent this. They weren't meant to. We had a law designed to stop it that was enacted following the Great Depression. It was called the Glass-Steagall Act, passed in 1933. It was repealed in 1999 during President Clinton's administration... because Citigroup was too big to fail, and they promised to be good... honest.

2008 was an opportunity too great to pass up. Congress used the opportunity to enact a Federal bureaucracy that controlled banking and is not directly answerable to the Executive branch. This was the Dodd-Frank Act. Congress could have restored the rules in Glass-Steagall, which would have broken up Citigroup as a side effect. But they didn't.

Seems like recipe for disaster.

Re:Busted retailers use bankruptcy to break leases by the th... by throwanem on Thursday August 06, 2020 @08:11PM (#24076717)
Oh, hey, I hadn't looked in detail at how residential paper works these days, but I think you may be on the mark here. I can't speak to the deep-state stuff, but in terms of mortgages, "qualified" and "non-qualified" appear to mean substantially what you say they mean.

I'm sure that can't possibly go wrong. Especially since the entire SERP when I looked up the "non-prime" term you used was pages put up by fly-by-nights to reassure the suckers that there's nothing wrong with the paper and if anyone tries to tell you otherwise, you should probably punch them in the face.

Re:Busted retailers use bankruptcy to break leases by the th... by samcodes on Thursday August 06, 2020 @10:59PM (#24077561)
"deep state" meaning... information you didn't know already?
Re:Busted retailers use bankruptcy to break leases by the th... by throwanem on Friday August 07, 2020 @07:23AM (#24080711)
Meaning the whole "power struggle between branches of government" claim, which I referenced in a deliberately dismissive way because I really don't want to get into it. I'm more interested in trying to figure out how the Fed potentially buying up toxic securities via FOMC, instead of letting them blow up on their own, might affect the outcome this time.
Re:Busted retailers use bankruptcy to break leases by the th... by ping_pong on Thursday August 06, 2020 @09:15PM (#24077040)
Almost every single horror story of what could happen has NOT happened. Yes, too many people have tragically died, but a lot less than the horror stories of a million+ people. There is barely a recession, and the stock market is at all time highs. There was no supply chain implosion for food. There are no food bank lines. There is no mass homelessness.

Basically the Fed and the US government did their job. They stabilized the markets. The state governments (at least the competent ones) implemented lockdowns that cut the virus down. They will stabilize anything that is too big to fail.

I'm not too worried at this point, I don't think there will be any big problems. The Fed has learned a lot from the Great Recession and they are acting a lot more decisively than before. And I've lost a lot of money shorting the markets over the last 6 months so I've taken the other side of this and learned a lot (ie. don't fuck with the Fed).

Re:Busted retailers use bankruptcy to break leases by the th... by rdtwo on Thursday August 06, 2020 @09:38PM (#24077156)
I think you saw the flash waited a couple seconds realized you weren’t incinerated and assumed everything is ok. I think you are missing the fact that there is enormous destabilizing energy traveling you way that’s going to wreck your world. It would be like calling the Great Depression over after in 1930 when the market recovered.
Re:Busted retailers use bankruptcy to break leases by the th... by phreeza on Friday August 07, 2020 @08:38AM (#24081178)
How can we track the progression of this wave? Earnings calls? Any other ideas?
Re:Busted retailers use bankruptcy to break leases by the th... by newhotelowner on Thursday August 06, 2020 @09:38PM (#24077162)
Three things helped to survive majority of the businesses till now. PPP, EIDL, SBA.

SBA helped a lot. I have an SBA loan, and they gave us 6 months. Six months are up in October. At this point, we are not making money, but not using personal saving either. I won't be able to pay the mortgage after October.

Re:Busted retailers use bankruptcy to break leases by the th... by swiley on Friday August 07, 2020 @02:00AM (#24078832)
The lack of mass homelessness is due to: expanded federal funding of unemployment, eviction moratoriums, and deferred mortgage payments. All of these are coming to an end in the next couple months and that’s when the mass homelessness starts.
Re:Busted retailers use bankruptcy to break leases by the th... by gruez on Thursday August 06, 2020 @04:07PM (#24074908)
>But the moves threaten to upend huge swaths of the real estate market and the half-trillion dollar market for commercial mortgage-backed securities.

I wouldn't worry about that. I fully expect the federal reserve to "fix" this by buying the toxic assets with printed money.

Re:Busted retailers use bankruptcy to break leases by the th... by timy2shoes on Thursday August 06, 2020 @04:46PM (#24075287)
We can't have large investors losing money on any of their (inherently risky) investments. How will the market work if investors can lose money?
Re:Busted retailers use bankruptcy to break leases by the th... by fortran77 on Thursday August 06, 2020 @05:26PM (#24075625)
They bail out mom and pop, too. They bailed out hunrdreds of thousands of people who thought they could make money flipping condos during the 2008 housing bubble.
Re:Busted retailers use bankruptcy to break leases by the th... by swiley on Friday August 07, 2020 @02:02AM (#24078842)
Weren’t they just bailing the banks servicing the debt and not the borrowers?
Re:Busted retailers use bankruptcy to break leases by the th... by fortran77 on Friday August 07, 2020 @09:30AM (#24081576)
They excused the income tax on forgiven debt, they handed out "first time home buyers" tax credits, they excused tax on "imputed income" from living without mortgage payment for years in foreclosed houses while evictions were held back in court, etc.
Re:Busted retailers use bankruptcy to break leases by the th... by AniseAbyss on Friday August 07, 2020 @05:25AM (#24080021)
Some of the largest investors in the world are pension funds and no we can't let those fall.
Re:Busted retailers use bankruptcy to break leases by the th... by coliveira on Thursday August 06, 2020 @05:10PM (#24075491)
This has always been this way. Major investors will not plunge into some big investment without some kind of support from governments. The difference is that now we see this support given after the fact.
Re:Busted retailers use bankruptcy to break leases by the th... by nickff on Thursday August 06, 2020 @05:23PM (#24075601)
Major investors used to risk capital on large assets, but government backstops have really changed the game. Perceived risks have gone down, as have returns.

Many people cite the 1984 bailout of Continental Illinois as a turning point, but there are many examples before and after that.[1]

[1] https://en.wikipedia.org/wiki/Bailout#Examples

Re:Busted retailers use bankruptcy to break leases by the th... by Tiktaalik on Thursday August 06, 2020 @05:25PM (#24075617)
socialize losses, privatize gains. :\
Re:Busted retailers use bankruptcy to break leases by the th... by z_ on Friday August 07, 2020 @09:34AM (#24081611)
Re:Busted retailers use bankruptcy to break leases by the th... by coliveira on Thursday August 06, 2020 @05:30PM (#24075666)
If capitalism is to be the law of the land, why not let the rich lose everything? I guess they can easily live on the streets.
Re:Busted retailers use bankruptcy to break leases by the th... by rcpt on Thursday August 06, 2020 @05:34PM (#24075697)
"socialism for the rich, rugged individualism for the poor"
Re:Busted retailers use bankruptcy to break leases by the th... by nick_kline on Thursday August 06, 2020 @06:35PM (#24076154)
Aka socializing the losses, privatizing the gains.
Re:Busted retailers use bankruptcy to break leases by the th... by treeman79 on Thursday August 06, 2020 @09:17PM (#24077044)
That’s one of the tenants (no pun) of capitalism.

Bad execution is punished by going out of business.

This forces everyone to be hyper efficient at taking raw resources and getting useful value out of them. Thus people have more goods for less money.

People get confused because government gets involved and you end up with cronyism.

Free market is as another comment says, the minimum amount of regulation possible that isn’t killing people.

Re:Busted retailers use bankruptcy to break leases by the th... by dragonwriter on Thursday August 06, 2020 @09:27PM (#24077102)
> People get confused because government gets involved and you end up with cronyism.

Government was involved from the beginning; capitalism was historically a redirection of the power of government from serving the feudal aristocracy to serving the mercantile class.

The utopian (and largely self-inconsistent) rationalizations for capitalism as something that magically exists separate from government and cronyism came much later than capitalism itself, and most of them even later than the early socialist critique of the reality of capitalism.

Re:Busted retailers use bankruptcy to break leases by the th... by notacoward on Thursday August 06, 2020 @11:03PM (#24077586)
> Bad execution is punished by going out of business.

That's true for the entrepreneurs, but this was about the investors and it tends not to be true for them. It should be.

Re:Busted retailers use bankruptcy to break leases by the th... by coliveira on Friday August 07, 2020 @01:45PM (#24084588)
Crony capitalism is something that doesn't exist. It is all capitalism. For example, Facebook using the support of the US government to control markets around the world (while TikTok is banned) is just capitalism. MZ's fortune can only happen due to this marriage of capitalism and government.
Re:Busted retailers use bankruptcy to break leases by the th... by bmm6o on Thursday August 06, 2020 @11:27PM (#24077792)
> That’s one of the tenants (no pun) of capitalism

Not sure if it's just part of the joke, but the word is "tenet".

Re:Busted retailers use bankruptcy to break leases by the th... by refurb on Thursday August 06, 2020 @06:13PM (#24075999)
I gathered the issue is when the rich lose everything that snowballs into failing business and low to middle class unemployment surge.
Re:Busted retailers use bankruptcy to break leases by the th... by rurp on Thursday August 06, 2020 @08:23PM (#24076776)
So... we'll let the bailouts trickle down?
Re:Busted retailers use bankruptcy to break leases by the th... by coliveira on Thursday August 06, 2020 @07:11PM (#24076390)
No, other people will take their place, this is how capitalism works. Let the rich lose everything.
Re:Busted retailers use bankruptcy to break leases by the th... by PaulDavisThe1st on Thursday August 06, 2020 @08:46PM (#24076885)
The rich may indeed deserve to lose everything ... or not, depending on your perspective.

But what's equally important is ... if they are going to lose everything, how much of the social, economic and political infrastructure do they destroy on the way down?

It may well be that the era of the mall is over, for example. But malls crashing and burning as the mortgages associated with them fail is very different than a slower process in which there is time to think about repurposing and to give those directly affected to contemplate their options.

Re:Busted retailers use bankruptcy to break leases by the th... by refurb on Thursday August 06, 2020 @08:12PM (#24076725)
Sure, other people will pick up the pieces but that doesn’t mean much to the blue collar worker who is out of a job for 2 years while someone “takes their place”.
Re:Busted retailers use bankruptcy to break leases by the th... by gwright on Thursday August 06, 2020 @08:44PM (#24076881)
I think it is better to reinforce social safety net programs for individuals (unemployment, food stamps, section 8 housing, etc) than it is to subsidize businesses. Businesses can restructure and re-allocate assets through sales, mergers, or even bankruptcy. In particular subsidizing now obsolete business models is madness to me. Help individuals who need help (why did stimulus checks go to people who still had jobs or who were retired?) and make it as easy as possible for businesses to restructure.
Re:Busted retailers use bankruptcy to break leases by the th... by Karunamon on Thursday August 06, 2020 @08:50PM (#24076904)
>why did stimulus checks go to people who still had jobs or who were retired?

Because many people who still technically had jobs had their hours drastically cut, and because it's an economic stimulus, not strictly welfare.

Re:Busted retailers use bankruptcy to break leases by the th... by jldugger on Thursday August 06, 2020 @11:03PM (#24077588)
> Malls are going to start becoming ghost towns, especially with no anchor stores like Penny's and the since-departed Sears.

Pretty sure that already happened. The US built waaay too much retail space[1], and still[2] has an overhang in most markets. And yea, Amazon kinda ate the Sears / JCPenny lunch, which has not helped matters.

[1]: https://qz.com/1032723/theres-much-more-empty-retail-space-i... [2]: https://amp.cnn.com/cnn/2020/01/08/business/macys-store-clos...

Re:Busted retailers use bankruptcy to break leases by the th... by AniseAbyss on Friday August 07, 2020 @05:18AM (#24079971)
I like to joke that the US economy depends on how much crap people buy in December (and many, many factories in China depend on it too).
Re:Busted retailers use bankruptcy to break leases by the th... by oneplane on Thursday August 06, 2020 @03:53PM (#24074772)
On the other hand: what would they go do about it then? It the business fails it fails. It's not like you can pretend it is not failing and have them pay rent with their non-existent money.
Re:Busted retailers use bankruptcy to break leases by the th... by WanderPanda on Thursday August 06, 2020 @04:29PM (#24075118)
Germany is proving that you can do that. Businesses are not required to file for bankruptcy anymore (because of covid), they can just pretend everything is fine and their banks do not need do depreciate their debt. Bubble alert is buzzing louder every day. If that exemption law will not be prolonged after end of September interesting things will probably follow
Re:Busted retailers use bankruptcy to break leases by the th... by marcosdumay on Thursday August 06, 2020 @05:06PM (#24075462)
Pausing debt collection on a temporary disruption is a best practice, not some shady number-hiding.

If the disruption happens to not be temporary, then it will be a problem (retroactively, so a huge one). But in that case, there are more pressing issues.

Re:Busted retailers use bankruptcy to break leases by the th... by JumpCrisscross on Thursday August 06, 2020 @05:08PM (#24075474)
> Pausing debt collection on a temporary disruption is a best practice

Pausing collections is fine. Pretending those loans are still performing is an exercise in fantasy.

Re:Busted retailers use bankruptcy to break leases by the th... by munk-a on Thursday August 06, 2020 @05:45PM (#24075815)
A large proportion of those debt collectors are gigantic soulless corporations that nobody would mind watching suffering somewhat - but that's the same as every industry. There are a lot of smaller property owners that are really hurting here and pausing debt collection might free those owners from debts but it won't put food on their table.

This is, unfortunately, a very complicated problem.

Re:Busted retailers use bankruptcy to break leases by the th... by WanderPanda on Thursday August 06, 2020 @06:39PM (#24076183)
- A large proportion of those debt collectors are gigantic soulless corporations that nobody would mind watching suffering somewhat

I would argue that in Germany this is not the case. Everyone minds the gigantic soulless corporations suffering, because only they have the unions deeply intertwined with politics and the sympathy of the media (for whatever reason, ad money maybe?).

The Lufthansa bailout was clearly made to benefit the workforce and not the general population.

This crises lifts the high-level corruption here in Germany to the next level it seems.

Re:Busted retailers use bankruptcy to break leases by the th... by marcosdumay on Thursday August 06, 2020 @06:23PM (#24076063)
Property owners will suffer anyway.

Government help was supposed to alleviate that pain, but I doubt they'll receive any - another point for UBI. But forcing the debtors into liquidation when they could otherwise survive won't help anybody.

Re:Busted retailers use bankruptcy to break leases by the th... by simonebrunozzi on Thursday August 06, 2020 @05:36PM (#24075721)
Some large malls have been successfully converted to mostly residential "villages", [0], [1].

[0]: https://www.boredpanda.com/americas-oldest-shopping-mall-mic...

[1]: https://www.bloomberg.com/news/articles/2020-06-30/a-case-fo...

Re:Busted retailers use bankruptcy to break leases by the th... by ProAm on Thursday August 06, 2020 @04:25PM (#24075073)
isn't this the plot to the movie '2008'
Re:Busted retailers use bankruptcy to break leases by the th... by loktarogar on Thursday August 06, 2020 @04:44PM (#24075273)
if that's a movie, it's impossible to google
Re:Busted retailers use bankruptcy to break leases by the th... by ProAm on Thursday August 06, 2020 @05:41PM (#24075771)
I was just referencing the 2008 financial crisis where the US literally printed money to save businesses that should have failed.
Re:Busted retailers use bankruptcy to break leases by the th... by loktarogar on Thursday August 06, 2020 @06:01PM (#24075939)
yeah, I felt that that could have been the reference there, but the "movie" added onto the end just threw me right off
Re:Busted retailers use bankruptcy to break leases by the th... by sp332 on Thursday August 06, 2020 @04:58PM (#24075405)
This is the only movie I could find with the literal title "2008": https://www.imdb.com/title/tt10882960/ And Wikipedia doesn't have an article on any.
Re:Busted retailers use bankruptcy to break leases by the th... by throwanem on Thursday August 06, 2020 @05:01PM (#24075426)
Preeeeeetty sure that's a joke, likening the events of the previous big crash to a film.

Speaking of films about the previous big crash, you could try "Margin Call" if you want a very straight-faced (to say nothing of po-faced) take, or "The Big Short" if you prefer something that, while no more genuinely incisive, is at least willing to pretend as though it were.

Re:Busted retailers use bankruptcy to break leases by the th... by methodin on Thursday August 06, 2020 @03:54PM (#24074776)
I would have assumed malls were already on the out prior to COVID - I assume this is just accelerating the timeline? I think every mall the knew of growing up and in college is no more except for the largest (Kind of Prussia). Did your Malls usage also include stripmalls?
Re:Busted retailers use bankruptcy to break leases by the th... by dfxm12 on Thursday August 06, 2020 @05:14PM (#24075528)
FWIW, Franklin/Philadelphia Mills, Neshaminy, Moorestown, Plymouth Meeting, Cherry Hill & Deptford malls are all still open & have some overlap with shoppers in KOP's area.

There's nothing wrong with not knowing a lot of malls, but come on, you have to qualify your statement a little bit, because your comment doesn't make sense to me as someone who can drive to KOP and at least a half dozen of the other malls I've been to when I was younger.

Re:Busted retailers use bankruptcy to break leases by the th... by methodin on Thursday August 06, 2020 @05:26PM (#24075630)
I should have qualified that KOP was the largest mall I knew of which is why I called it out. I did forget about Springfield mall which is still alive I assume. https://en.wikipedia.org/wiki/Promenade_at_Granite_Run is turning into a classic shopping center which was my closest mall growing up. In Pittsburgh https://en.wikipedia.org/wiki/Century_III_Mall is getting turn down, Ross Park Mall is declining and Robinson Town Center was half empty the last time I was there ~5 years ago. I can't speak to malls I didn't frequent.

Although "still open" isn't exactly saying much either on your end - how many stores are empty? Are they on the decline?

Re:Busted retailers use bankruptcy to break leases by the th... by dfxm12 on Thursday August 06, 2020 @05:37PM (#24075726)
"Still open" was your criteria, not mine (as in when you said the other malls were "no more").
Re:Busted retailers use bankruptcy to break leases by the th... by methodin on Thursday August 06, 2020 @07:06PM (#24076352)
Fair enough, though I would say if these stores are on a spectrum tilting towards "barely open" or "on the decline" that it doesn't provide a useful counter-argument for the overall sentiment which is that malls are and have been dying. That being said I haven't been to any of the ones you've listed in my adult life so would have no idea their status.

I will concede that there are thriving malls in existence in the same way that stores that closed in one area of the country thrive in others. Not sure what that says towards malls as a whole but imagine it would trend to being viable in only a subset of the country.

Re:Busted retailers use bankruptcy to break leases by the th... by user5994461 on Thursday August 06, 2020 @04:26PM (#24075083)
Have a look at the chart a the bottom article. Looks it was going down about 5% per quarter during last year.
Re:Busted retailers use bankruptcy to break leases by the th... by joshocar on Thursday August 06, 2020 @05:38PM (#24075737)
I started saying this last March, the next big crash or rather the biggest fallout from the pandemic will in commercial real estate. Just because of how the industry works, these commercial real estate companies are leveraged like crazy and it's not like you can turn around a rent/sell the property easily in this market. Banks set aside billions last quarter in expectation of this happening.
Re:Busted retailers use bankruptcy to break leases by the th... by Digory on Thursday August 06, 2020 @03:55PM (#24074789)
>ghost towns

...if rents don't fall. And maybe they should.

Re:Busted retailers use bankruptcy to break leases by the th... by derefr on Thursday August 06, 2020 @04:03PM (#24074862)
I think I've seen it stated that property developers and property-management companies are often heavily leveraged, such that they can't lower rents; in about the same way that a VC firm with a ten-year investment time horizon on their fund can't invest in your startup if all your valuation-growth will come only after 11 years.

In both cases, the lenders and shareholders of the firm, have contractually obligated the firm to have specific returns (and often have built financial instruments on top of those predictable returns, which is why they bothered to invest in the first place!) So the firm itself is destined to either return the predicted profit, or die, with no middle road.

Re:Busted retailers use bankruptcy to break leases by the th... by simonh on Thursday August 06, 2020 @04:15PM (#24074982)
Then they are doomed. Their current tenants can’t afford the current rent, and no new tenants are going to come along at that rent level while this crisis is still ongoing, so what are they going to do?

If the current tenants can be viable if rents are reduced, along with other cost saving measures, then maybe that’s a least worst outcome for society and the landlords.

Ultimately though, to me, the actual business leasing the property, employing people and providing service to customers is doing more for society and the real economy than a heavily leveraged management company. Those retail businesses don’t deserve to exist on any terms, but if they do have value, then I think they’re worth giving a second chance.

Re:Busted retailers use bankruptcy to break leases by the th... by derefr on Thursday August 06, 2020 @04:23PM (#24075055)
The property management company isn't really a company per se; it's more like a conduit for money, an instrument.

If that instrument defaults, it's not of so much concern that a property management company will die; but rather, that the companies who were on either side of it, relying on it as a conduit for money to flow through, will end up illiquid, unable to exchange through that instrument.

On one side, that's large investors, e.g. mutual funds. So the markets will go down.

On the other side, that's the businesses themselves. Having no access to financially-healthy property management companies to rent from, is a lot like having no access to loans: it limits your choices as a business.

Maybe the valuations of these properties will crash without property-management companies around to compete over them, and businesses will be able to afford to buy them directly. But more likely, as we saw in 2007, the commercial real-estate market will just become illiquid, with everyone who is currently holding empty commercial property (i.e. mostly banks, after a presumed default or bailout of PMCs) refusing to sell it "until things recover", so that they don't have to write down a loss. And that means there won't necessarily be any commercial properties on the market for these businesses to buy into in place of their previous rentals.

Re:Busted retailers use bankruptcy to break leases by the th... by WanderPanda on Thursday August 06, 2020 @04:36PM (#24075191)
And yet again the cleanest method would be to not bail out the banks and let the assets be actioned to the highest bidder. Everything else is trading off long term efficient ressource allocation in favor of short term stability.
Re:Busted retailers use bankruptcy to break leases by the th... by rodgerd on Thursday August 06, 2020 @04:46PM (#24075288)
Funny how it's a moral hazard to bail out individuals weighed down by debt, but an economic necessity to bail out millionaires and billionaires who didn't do their risk analysis.
Re:Busted retailers use bankruptcy to break leases by the th... by int_19h on Thursday August 06, 2020 @05:03PM (#24075445)
Or maybe they did do their risk analysis, and incorporated the likelihood of getting bailed out into that?
Re:Busted retailers use bankruptcy to break leases by the th... by munk-a on Thursday August 06, 2020 @05:54PM (#24075885)
At this point they'd be fiscally irresponsible if they didn't assume a certain level of bailing out - and they're likely "investing" in relations with various senators and representatives to make sure their name is on the list of those eligible for the bailouts.
Re:Busted retailers use bankruptcy to break leases by the th... by simonh on Friday August 07, 2020 @05:09AM (#24079918)
I agree bailouts should not benefit shareholders, but it can be pragmatic to rescue businesses, including banks, that are systemically important. That may mean the government temporarily assuming equity in, or ownership of the enterprise. The important thing is that it's the interests of the economy that are being safeguarded, not those of investors.
Re:Busted retailers use bankruptcy to break leases by the th... by munk-a on Thursday August 06, 2020 @05:53PM (#24075876)
That would cause a massive economic disruption that could potentially lead to actually bad economic effects. Right now things aren't all sunny and happy for everyone but they can get a lot worse if infrastructural components of the economy start getting eroded - either by being chopped up for vulture capitalists or by having their lending chain & backers divided up similarly.

If Fedex & UPS were to be forced to sell off package delivery in NYC to cover losses while USPS continues to be hamstrung by the administration then things will get bad - and there are a lot of other operators that are a lot less visible but just as essential. Let slip retailers and banks are less stable - let slip banks and companies that are operating through the pandemic on shoe-strings and a whole bunch of backed credits lose the ability to keep the lights on.

Re:Busted retailers use bankruptcy to break leases by the th... by linuxftw on Thursday August 06, 2020 @06:53PM (#24076270)
> If Fedex & UPS were to be forced to sell off package delivery in NYC

Then the market will adjust. If you can't get packages delivered in NYC, you will have to get your goods through some other means. Maybe all of NYC is a bubble. Maybe that many people shouldn't live on a handful of tiny islands, importing their food from the mid west and their goods from China. Maybe everyone's in the wrong place.

Re:Busted retailers use bankruptcy to break leases by the th... by PaulDavisThe1st on Thursday August 06, 2020 @08:51PM (#24076915)
Maybe.

But if that's true, is the correct solution to crash-and-burn from the current scenario to some version of a "better" one?

Re:Busted retailers use bankruptcy to break leases by the th... by lmm on Friday August 07, 2020 @04:35AM (#24079703)
Creative destruction is how capitalism is supposed to work. Bankruptcy is a vital part of the system - and far from "crash-and-burn" it's a well-regulated process with a lot of safeguards in place. If you stop allowing companies to go bankrupt then you end up with a crony capitalism that's not much different from oligarchy.
Re:Busted retailers use bankruptcy to break leases by the th... by linuxftw on Thursday August 06, 2020 @10:31PM (#24077426)
The correct thing to do is let the market decide. If it's profitable to do something, people will do it.
Re:Busted retailers use bankruptcy to break leases by the th... by PaulDavisThe1st on Thursday August 06, 2020 @10:55PM (#24077538)
This seems profoundly naive to me. "If it's profitable do something" is beyond simplistic.

Profitable compared to what? Profitable for whom? Profitable based on what assumptions? Profitable by what metric? Dollars accrued to capital? Dollars accrued to GDP? Quality of life index? Happiness index? Life expectancy numbers? Infant mortality? Profitable with what externalities forced to be part of cost-factoring?

What is "the market"? What is a "decision" in this context? What is the cost benefit analysis of allowing "the market" to "decide" versus more policy-driven unfolding of the outcome?

... and so on and so on ....

i.e. the usual litany of problems with free-market boosterism

Re:Busted retailers use bankruptcy to break leases by the th... by lmm on Friday August 07, 2020 @04:41AM (#24079746)
To refuse to decide is even more simplistic. The free market offers a clear way to decide where resources are invested. If you're going to override that and prop up failing companies, what grounds are you going to use to decide, and why do you believe your process will be better? Letting the market decide at least ensures that completely useless companies go to the wall, and companies that people are willing to spend a lot on get to continue (and, notably, it does this in a nondiscriminatory way - anyone's money is as good as anyone else's). Can your process - which is, what, Trump picks and chooses which companies don't go bankrupt? - guarantee that much?
Re:Busted retailers use bankruptcy to break leases by the th... by PaulDavisThe1st on Friday August 07, 2020 @10:19AM (#24082106)
I don't propose propping up failing companies. I agree with others who have suggested that ensuring that individuals (i.e. employees/workers) are adequately protected so that the immediate aftermath of corporate failure doesn't fall on them. Remember: the usual reason why employees are not entitled to the same share of profits as investors is that "employees are not taking a risk". If we're going to start arguing that deciding to take a job at a company is just as much of a risk as investing capital, then the relationship with profit will need to change too.

But the implications go beyond the people who work for corporations that fail, into communities (possibly far and wide). I don't think there are policies that can mitigage this without damaging the entrepeneurial climate, which I'd rather not do. At the same time, the incredible ease with which one can start new businesses in the US, and the trivial availability of credit, almost guarantees that we have huge numbers of businesses that play valuable roles in their communities but have absolutely no resilience to negative economic shifts. I don't know how we fix that.

Re:Busted retailers use bankruptcy to break leases by the th... by lmm on Saturday August 08, 2020 @10:04AM (#24091687)
Corporations are supposed to be easy-come, easy-go; the fact that it's easy to start new businesses should mean that if there's genuine need for a business then it's easy for a replacement to start. I wouldn't be surprised if e.g. a lot of bankrupt restaurants start operating again with the same kitchen and most of the same staff, because there's no reason for whoever ends up owning the place to do anything different (unless there's a long-term shift in people's behaviour - in which case we don't want the restaurants to re-open). So I think the main thing is to make sure it really is easy for replacement businesses to open (i.e. avoid situations like new businesses requiring a difficult license, or zoning that grandfathers in existing businesses but wouldn't allow similar new businesses), and to avoid having communities dominated by a small number of big companies (which mainly means not having the kind of tax loopholes that give big businesses advantages over small ones). Ultimately the losses have to be borne somewhere, and it's better that they fall on business owners and equity investors (who knew the risks they were taking) than anywhere else, even if spreading them out among taxpayers makes it looks like no-one would notice.
Re:Busted retailers use bankruptcy to break leases by the th... by munk-a on Friday August 07, 2020 @03:39PM (#24085715)
The instances where it's been profitable to maintain a standing army are quite few and far between - and allowing the market to control fire extinguishing has led to some really perverse incentives.

There are things that we benefit from as a society that aren't realistic to accurately price for ethical reasons so I think this is quite too simplistic a statement.

Re:Busted retailers use bankruptcy to break leases by the th... by 01100011 on Thursday August 06, 2020 @09:01PM (#24076974)
Inflation to the rescue? If rents decline in real dollars but go up in fiat dollars, does it resolve the situation where renters can't afford rent and property owners need a certain profit?
Re:Busted retailers use bankruptcy to break leases by the th... by brudgers on Thursday August 06, 2020 @04:38PM (#24075208)
What happens is someone with money buys out the deal for pennies on the dollar or there is a successful renegotiation with lenders or there is a successful renegotiation with the limited partners (in the US most real-estate deals are structured as limited partnerships with the general partner as an LLC).

Basically, except in the first scenario everyone agrees to suffer together. In the first scenario, the initial investors suffer and the new investors think they got a good deal. It's worth noting that LP's are usually built from people who have worked together before or from people with track records of being good to work with.

Re:Busted retailers use bankruptcy to break leases by the th... by PaulDavisThe1st on Thursday August 06, 2020 @08:52PM (#24076919)
What does the good deal look like here if there no new tenants ?
Re:Busted retailers use bankruptcy to break leases by the th... by vsareto on Thursday August 06, 2020 @04:18PM (#24075013)
>So the firm itself is destined to either return the predicted profit, or die, with no middle road.

Nah, the third option is bailouts, and they are not wrong for having high confidence in getting bailouts.

Re:Busted retailers use bankruptcy to break leases by the th... by thisisnico on Thursday August 06, 2020 @05:34PM (#24075693)
It's interesting, where I live in Ontario, the mall pre-recession was doing extremely well. They changed focus primarily to services, clothing, and food. Massive food court, 80% of the mall are clothing/fashion, and then there are services, like dr's office, optometrist, gym etc. They were killing it.
Re:Busted retailers use bankruptcy to break leases by the th... by valuearb on Thursday August 06, 2020 @05:36PM (#24075716)
No not all developers/commercial property owners are that leveraged or locked into those kind of cash distribution obligations. The smart ones will survive fine. The irresponsible will just file bankruptcy, and a more responsible owner gets to buy their properties and run them better.
Re:Busted retailers use bankruptcy to break leases by the th... by fossuser on Thursday August 06, 2020 @05:33PM (#24075686)
Maybe someone that understands this better than I do can comment, but isn't this something that can lead to CLO collapse and systemic financial system failure (similar to 2008, but maybe not as severe?).

Described in this: https://www.theatlantic.com/magazine/archive/2020/07/coronav...

The Dodd-Frank act capital requirements seems like they'll protect banks a bit, but to an outside layman like me it does seem like the CLO risk is similar in structure to CDOs.

What am I missing?

Re:Busted retailers use bankruptcy to break leases by the th... by thoughtstheseus on Thursday August 06, 2020 @05:59PM (#24075922)
Banks don’t own much of CLOs compared to other market participants, banks have much more stable and safe assets across the board, the borrowers are not individuals with mortgages but companies with diverse capital structures and interests. They are similar to CDOs and there are certainly those taking too much risk in the CLO market. The Fed brought up this issue before the pandemic and no one seemed to care...
Re:Busted retailers use bankruptcy to break leases by the th... by fossuser on Thursday August 06, 2020 @06:07PM (#24075969)
> "the borrowers are not individuals with mortgages but companies with diverse capital structures and interests"

I'd be skeptical how different this is in practice. In 2008 there was an incentive to give loans to people without caring if they could pay because you could immediately sell them to larger banks that never checked the underlying status of the borrower.

With CLOs the borrowers are already selected to be companies in trouble - is the underlying resell incentive fixed if they're still being bundled together? In some ways the selection is worse because while most people need a mortgage no matter how good their credit is, I think business loans are needed more by desperate businesses. At least if the banks don't own as much (like you said) that's probably good.

From that Atlantic article:

> "A CLO walks and talks like a CDO, but in place of loans made to home buyers are loans made to businesses—specifically, troubled businesses. CLOs bundle together so-called leveraged loans, the subprime mortgages of the corporate world."

I think the structure of the CLO tranches rely on not all small loans collapsing at once and I'd bet the banks risk models (which already are incentivized towards taking on too much risk) didn't account for a global pandemic forcing everyone to stay at home.

I know Dodd-Frank requires them to have lots of capital on hand to protect against this kind of problem, but is it enough?

Also for us regular people, what should we be doing? Sell index funds and just buy Amazon?

Again, from that Atlantic article:

> "For the moment, the financial system seems relatively stable. Banks can still pay their debts and pass their regulatory capital tests. But recall that the previous crash took more than a year to unfold. The present is analogous not to the fall of 2008, when the U.S. was in full-blown crisis, but to the summer of 2007, when some securities were going underwater but no one yet knew what the upshot would be."

I don’t work in finance and these topics always bring out over confident know-nothings on HN going on about policies they don't understand (and I don't want to be that), but there are parallels here that seem pretty disturbing.

I don't want to be in the Summer of 2007, our institutions are less stable than they were back then and the politics have gotten scarier.

Re:Busted retailers use bankruptcy to break leases by the th... by vkou on Thursday August 06, 2020 @05:50PM (#24075847)
It can lead to something like that, yes.

Like in 2008, the Fed will print as much money as it takes to prevent this kind of systemic collapse.

Re:Busted retailers use bankruptcy to break leases by the th... by fossuser on Thursday August 06, 2020 @05:55PM (#24075892)
We were lucky in 2008 that there was the political will and capacity for Congress (and the incoming Obama administration) to do what they did. I think whatever people thought of the decisions at the time, the market recovery after 2008 (and all of the banks paying back those loans) is evidence that those decisions were right.

I'd be worried that the political will may not exist this time, or that the administration wouldn't be able to understand the problem well enough to even figure out what should be done.

Re:Busted retailers use bankruptcy to break leases by the th... by vkou on Thursday August 06, 2020 @07:06PM (#24076357)
The Fed has reacted in pretty much the same manner in 2020 as it did in 2008.
Re:Busted retailers use bankruptcy to break leases by the th... by elipsey on Thursday August 06, 2020 @04:39PM (#24075229)
Lots of things were already ghost towns. Even before covid, I am always seeing people with no buildings, and buildings with no people. I'm in SF now, but I have seen this in cities and small towns, red states and blue states: empty malls, hobo jungles down the block from me, friends with minimum wage jobs sleeping in cars, squatters getting the bum’s rush. I imagine there are good reasons to have less than %100 percent occupancy like renovation or tenant turn over, but I’m talking about the same places standing empty for months or years without a sale.

If capitalism does what it says on the tin, I don’t get why can't we have a market cleaning price for buildings. Are we doing too much capitalism, or not enough? Is this just all very efficient but I’m not smart enough to figure out how?

Re:Busted retailers use bankruptcy to break leases by the th... by lostmyoldone on Thursday August 06, 2020 @05:31PM (#24075669)
In many areas you can earn significantly without have tenants, if you can wait a decade to get paid. Having tenants is chore, and might make it impossible to sell the property for a different use.

Market economy works fairly well as to get the most value from the least work. If you allow empty apartment buildings, you will have empty apartment buildings if that's likely the best risk/reward for the owner.

It's not about too much or too little market economy, it's about accepting the proliferation about the wrong kinds of markets, markets that are not in the best interest of people. We don't accept trade in ivory because that's not good for the elephants, there's no reason to accept apartment buildings left empty when it's to the detriment of people.

No economic policy will govern itself, especially not any policy claimed to do so.

Re:Busted retailers use bankruptcy to break leases by the th... by olalonde on Thursday August 06, 2020 @10:57PM (#24077550)
Government regulations are generally to blame for empty apartment buildings. In a free market, it would make very little sense for a building owner not to rent it out.
Re:Busted retailers use bankruptcy to break leases by the th... by lmm on Friday August 07, 2020 @04:50AM (#24079807)
> If capitalism does what it says on the tin, I don’t get why can't we have a market cleaning price for buildings. Are we doing too much capitalism, or not enough? Is this just all very efficient but I’m not smart enough to figure out how?

Mostly too little capitalism - buildings are very heavily regulated. Zoning, property tax, planning laws, rent control, and habitability laws are big factors. For example maybe it's illegal to rent out the building because the kitchens are too small, and renovating it would not only cost a lot up-front but also push up the property taxes, so you'd have to be confident of getting a return - and maybe you're intending to knock it down and build a replacement as soon as you get planning approval.

Re:Busted retailers use bankruptcy to break leases by the th... by humaniania on Thursday August 06, 2020 @05:41PM (#24075772)
I recently watched this documentary "Jasper Mall" about the slow death of a shopping mall, it was quite fascinating: https://www.imdb.com/title/tt11262098/
Re:Busted retailers use bankruptcy to break leases by the th... by duxup on Thursday August 06, 2020 @10:35PM (#24077449)
A bubble around commercial real estate that results in competition and lower rents for other businesses... that doesn't sound terrible.

Yeah the knock on effects would be terrible, but the underlying results being lower costs for renters, seems pretty natural / appropriate.

Re:Busted retailers use bankruptcy to break leases by the th... by valuearb on Thursday August 06, 2020 @05:32PM (#24075680)
Malls were already becoming ghost towns. All this means is that mall owners will need to be more aggressive about offering rent discounts.
Re:Busted retailers use bankruptcy to break leases by the th... by rusk on Friday August 07, 2020 @03:03AM (#24079149)
Sounds like "too big to fail" all over again.
Re:Busted retailers use bankruptcy to break leases by the th... by gremlinsinc on Thursday August 06, 2020 @03:56PM (#24074799)
isn't that the point of capitalism, the fit live the poor die? Let the poor malls die, if their business model fails. We shouldn't force a failed business to last longer than society needs it to, otherwise that's something beyond capitalism.
Re:Busted retailers use bankruptcy to break leases by the th... by soperj on Thursday August 06, 2020 @04:01PM (#24074842)
the point though they're making is that if they die, then it can massively affect the banks. The knock on effect could be huge.
Re:Busted retailers use bankruptcy to break leases by the th... by fl0wenol on Thursday August 06, 2020 @04:04PM (#24074868)
Oh well, those banks should have had a backup plan </s>
Re:Busted retailers use bankruptcy to break leases by the th... by Bombthecat on Thursday August 06, 2020 @04:12PM (#24074953)
The backup plan is state money.
Re:Busted retailers use bankruptcy to break leases by the th... by DSingularity on Thursday August 06, 2020 @04:25PM (#24075078)
No. The backup plan is to screw the people. Slash interest rates, eliminate fractional reserve requirements, and buy corporate bonds and securities.
Re:Busted retailers use bankruptcy to break leases by the th... by true_religion on Thursday August 06, 2020 @06:26PM (#24076088)
Banks being bailed out has been national policy in the US since the Great Depression. Previous to that there were 3 national panics and bank runs, and banks were considered juicy targets for robbers as well.

The federal insurance program made it so people could trust in banking again.

Now I do think that the policy has gone too far. Bank investments should receive any bailout, those are part and parcel of the normal functioning market.

Re:Busted retailers use bankruptcy to break leases by the th... by linuxftw on Thursday August 06, 2020 @06:59PM (#24076311)
You don't have to worry about bank runs if you're not a fractional reserve bank. People were right to not trust banks, banks were fraudsters, loaning out money that wasn't theirs, then when people caught wind of it, the system collapsed.

The real laws should have been 'banks shall not loan out money from a depositor's account' and the problem would have been resolved. Investors could have loaned out money. Insurance could have protected against bank robberies, similar to how any kind of insurance works against theft today.

Re:Busted retailers use bankruptcy to break leases by the th... by munk-a on Thursday August 06, 2020 @05:57PM (#24075911)
I disagree - their backup plan is getting bailed out. What you listed above is just standard operating procedure for them on a day-to-day.
Re:Busted retailers use bankruptcy to break leases by the th... by simonh on Thursday August 06, 2020 @04:29PM (#24075117)
In a situation like this, capitalism hits its limits. Don’t get me wrong, Im a thorough going capitalist. To me it’s simply a consequence of respecting individual freedoms and individual property rights. The rest of capitalism flows from those two principles.

In this situation though, when there is a threat to society as a whole either military or natural, there’s a legitimate role for society to pull together and coordinate our actions. That’s what government is for. All societies can benefit from consensus and leadership, especially in situations like this.

If their business model really fails, then fine, that’s because there’s enough value in alternative providers that these ones are no longer needed. However in temporary crises it’s possible that the process of dissolving businesses can leave a gap in the provision of valuable or even vital services that the market cannot fill fast enough. Markets are incredibly powerful, but they aren’t omniscient or omnipotent.

This is why although I’m a believing capitalist, I think there is a role for regulation and even bailouts in extraordinary circumstances. I’ll even extend that to individuals, a crisis can hit any of us just as it can hit a business. I don’t see that necessarily as socialism, just good management when done judiciously and proportionately. Ultimately it’s about fairness and good outcomes. I’ve no time for ideologies.

Re:Busted retailers use bankruptcy to break leases by the th... by valuearb on Thursday August 06, 2020 @05:39PM (#24075740)
I’m fine with bailing out companies as long as the owners and managers forfeit all their equity.
Re:Busted retailers use bankruptcy to break leases by the th... by munk-a on Thursday August 06, 2020 @06:10PM (#24075988)
It's not an easy thing to find out who did what - trying to figure out which managers and owners were purposefully over-inflating equity to secure larger loans (or whatever) from those who were duped by the other managers and were just trying to keep the ship afloat is a really hard problem.

And, in this fun world, you might find a terribly over-leveraged business where no one ever tried to act fraudulently but some vulture capitalist consultant helped "ensure access to liquid assets" and is now in Kiribati watching the world burn.

Re:Busted retailers use bankruptcy to break leases by the th... by true_religion on Thursday August 06, 2020 @06:29PM (#24076111)
That’s why the above poster suggests all owners forfeit equity. The company survives but it is nationalized, at least temporarily.

In practice, I think we will see companies being sold off the friends of the sitting president, and powerful senators.

Today, at least they must at least pretend to be equal in their bailouts, which gives non affiliated companies a chance to receive money.

Re:Busted retailers use bankruptcy to break leases by the th... by simonh on Friday August 07, 2020 @05:03AM (#24079886)
Yes I think that's reasonable. From an economic perspective what matters is the employment, goods and services the enterprise generates. Good management should be rewarded with equity and profits, bad management or poorly exercised ownership loses out. Nobody is owed a profit, but if they get the job right they are entitled to it.
Re:Busted retailers use bankruptcy to break leases by the th... by valuearb on Sunday August 09, 2020 @03:18PM (#24102074)
If you are the owner or manager, it’s your job to ensure your business is appropriately funded. It doesn’t matters if you commit fraud, you also get to lose your equity for incompetence.
Re:Busted retailers use bankruptcy to break leases by the th... by cblconfederate on Thursday August 06, 2020 @04:04PM (#24074871)
But will this lead to a great recession this time?
Re:Busted retailers use bankruptcy to break leases by the th... by commandlinefan on Thursday August 06, 2020 @04:30PM (#24075134)
> Malls are going to start becoming ghost towns

... even more.

Re:Busted retailers use bankruptcy to break leases by the th... by Ijumfs on Thursday August 06, 2020 @04:16PM (#24074987)
Oh no, not the poor poor commercial real estate developers! Anyway all the malls died like decades ago. Have you been to a mall lately? As far as I can tell the only people who go are folks engaged in drug transactions and busloads of tourists from SE Asia.
Re:Busted retailers use bankruptcy to break leases by the th... by sharklazer on Thursday August 06, 2020 @04:31PM (#24075148)
This isn't just malls. This is concerning ALL retail/commercial real estate, a lot of which has still been heavily used.

Behind this is a lot of overvalued debt, which is at risk. Large institutions essentially treat this debt like dollars and have a bunch of their holding spread across a bunch of mortgage-backed securities such as these. Effectively, debt needs to be written off, and as such, "dollars" will disappear. This could result in some serious deflation.

Re:Busted retailers use bankruptcy to break leases by the th... by smt88 on Thursday August 06, 2020 @04:30PM (#24075135)
Sadly the RE people will be fine. They were sitting on a lot of cash, and they're now converting retail spaces into high-tech distribution centers.

The people who will be screwed are retail workers.

Re:Busted retailers use bankruptcy to break leases by the th... by res0nat0r on Thursday August 06, 2020 @04:23PM (#24075058)
The implication is that this, along with the rest of the current collapsing state of the USA is going to just exacerbate poverty and local decline across large parts of the country.
Re:Busted retailers use bankruptcy to break leases by the th... by paulryanrogers on Thursday August 06, 2020 @04:56PM (#24075388)
Malls are also a place to walk, shop, and play for families during winter. In colder areas it's often dark sooner so outdoor activities are more limited.
Re:Busted retailers use bankruptcy to break leases by the th... by CarbyAu on Thursday August 06, 2020 @08:09PM (#24076711)
Here in Australia, the big shopping centres (aka Malls), get their biggest crowds in summer. Xmas helps but also there is often a contiguous 3-7 day stretch of >40C(>104F) maximums with sweltering overnights in the cities.

Not everyone has aircon.

Not looking forward to that if COVID is still kicking our arse.

Re:Busted retailers use bankruptcy to break leases by the th... by Ijumfs on Thursday August 06, 2020 @04:58PM (#24075407)
They used to be. That all stopped in the 1990's.
Re:Busted retailers use bankruptcy to break leases by the th... by true_religion on Thursday August 06, 2020 @06:24PM (#24076067)
It’s still done over here in the Virginia Tri State (including what Amazon is trying to force us to call Liberty Landing). It’s just that all the malls are outdoors “town centers”, so people still go out for ice skating, like music, winter beer festivals, fireworks, and movies but we do it in the freezing cold.

I think the idea of a indoor mall was great, but it’s a big building that’s hard to maintain.

Maybe future societies will just have geodesic domes around town centers to get the best of both worlds.

Re:Busted retailers use bankruptcy to break leases by the th... by PaulDavisThe1st on Thursday August 06, 2020 @08:54PM (#24076931)
Maybe for you. I'm not much of a mall-goer, but every once in a while, I find myself in one of few that are (or were, pre-COVID19) still thriving, and they seem very much alive in this respect.