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	<title>R&#38;R Consulting &#187; Ann Rutledge</title>
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	<link>http://www.creditspectrum.com</link>
	<description>Bringing science back to financial engineering</description>
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		<title>&#8220;This isn&#8217;t right. It isn&#8217;t even wrong.&#8221; &#8211; Wolfgang Pauli</title>
		<link>http://www.creditspectrum.com/2010/08/this-isnt-right-it-isnt-even-wrong-wolfgang-pauli/</link>
		<comments>http://www.creditspectrum.com/2010/08/this-isnt-right-it-isnt-even-wrong-wolfgang-pauli/#comments</comments>
		<pubDate>Fri, 13 Aug 2010 10:58:42 +0000</pubDate>
		<dc:creator>Ann Rutledge</dc:creator>
				<category><![CDATA[Ann Rutledge]]></category>
		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://creditspectrum.com/?p=1328</guid>
		<description><![CDATA[Wolfgang Pauli is the source of this excellent quip. More famously, he is responsible for the Pauli exclusion principle, which asserts that no two electrons can exist in the same quantum state. Were he alive today, maybe Dr. Pauli could help us straighten ourselves out of the financial system crisis by demanding the same high [...]]]></description>
			<content:encoded><![CDATA[<h1>Wolfgang Pauli is the source of this excellent quip. More famously, he is responsible for the Pauli exclusion principle, which asserts that no two electrons can exist in the same quantum state. Were he alive today, maybe Dr. Pauli could help us straighten ourselves out of the financial system crisis by demanding the same high standards in how we count assets and prove financial&nbsp;assertions.</h1>
<p><strong>not right+not wrong</strong>=<strong>not&nbsp;science</strong></p>
<p>A lot of nonsense has been written in the name of finance, and a lot is being written today about the causes and cures of the subprime crisis. Much of the latter is politically motivated, designed to deflect blame and promote the broader application of self-serving pet theories. The distraction value of these debates is very high. That is why Richard Alford&#8217;s focus on science in his discussion of the open letter “<a href="http://www.nakedcapitalism.com/2010/08/what-kind-of-science" target="_blank">Economics is hard.  Don’t let bloggers tell you otherwise</a>&#8221; is a refreshing direction for the dialogue to&nbsp;move.</p>
<p><strong>two assets backing the same&nbsp;liability</strong></p>
<p>The other interesting Tweet on <a href="http://www.nakedcapitalism.com/2010/08/How (Mis)Use of Client Assets Pumped Up Shadow Banking System" target="_blank">Yves Smith&#8217;s 8/13</a> feed is about <em>rehypothecation</em>. In the context of revolving portfolio finance (aka corporate finance) this goes by the name of <em>leverage</em>, but in non-recourse receivables-backed finance (aka securitization) it goes by another name, one that Dr. Pauli would understand. It is <em>fraud. </em><em>A</em><em>sset-liability parity </em>is a precondition for all securities to go to market. Unless 100 cents of real asset value backs the 100 cents of liabilities issued, the lender will lose money with 100% certainty while the borrower and financial arranger make out like&nbsp;bandits.</p>
<p><strong>two sides of the same intellectual coin<br />
</strong></p>
<p><strong></strong>These two points are actually related&#8212;not only in Dr. Pauli&#8217;s mind but also in financial system governance and&nbsp;engineering.</p>
<p>A simpler way of approaching Richard Alford&#8217;s posting is to think about the rating process as a rehypothecation of company business receivables at different rates; these rates are based on the &#8220;gold-like&#8221; certainty of repayment, with <span class="caps">AAA</span> suffering an average level of impairment so low as to be beyond human intuition, <span class="caps">AA</span> slightly riskier, etc. Carried to the limit, this process of rehypothecation is the valve of leverage getting into the macro-economy. And, in a world where the traditional role of banks has been superseded by debt capital markets, think about the assignment of structured ratings as a de facto replacement for the Fed&nbsp;window.</p>
<p>A structured rating process that has integrity is also the control mechanism for balancing leverage with fundamental working capital demand. When business is brisk, clients pay on time and business receivables can be pooled to perform to a <span class="caps">AAA</span> standard, the borrower can borrow cheaply based on current receivable performance. When business slows, it costs more and the leverage in the system goes&nbsp;down.</p>
<p>But structured finance, like economics, isn&#8217;t easy. It isn&#8217;t intuitive, can&#8217;t be learned from cyberbabble. It requires rigor, which means mathematical training; and consistency, which means financial training. The good news is that it can be learned. And, it can empower an economy to transform itself towards doing more good than harm. That&#8217;s a scary - but inspiring -&nbsp;thought.</p>
<p><a href="http://www.oup.com/us/catalog/general/subject/Finance/Investments/?view=usa&amp;ci=9780195179989" target="_blank"><strong><em>Elements of Structured&nbsp;Finance</em></strong></a></p>
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		<title>Which Direction for Banking Reform?</title>
		<link>http://www.creditspectrum.com/2010/01/which-direction-for-banking-reform/</link>
		<comments>http://www.creditspectrum.com/2010/01/which-direction-for-banking-reform/#comments</comments>
		<pubDate>Wed, 27 Jan 2010 18:18:47 +0000</pubDate>
		<dc:creator>Ann Rutledge</dc:creator>
				<category><![CDATA[banking reform]]></category>
		<category><![CDATA[structured finance]]></category>
		<category><![CDATA[subprime mortgage crisis]]></category>

		<guid isPermaLink="false">http://creditspectrum.com/?p=966</guid>
		<description><![CDATA[Naked Capitalism&#8217;s Yves Smith makes a compelling case for the need for structural reform. She is spot-on about the significance of disintermediation for the banking industry and the need to decouple risk. Her lament—&#8221;I see perilous little grappling with the problem that [Bank of England&#8217;s Mervyn] King flagged, that of industry structure&#8221;—really resonates with&#160;me. I [...]]]></description>
			<content:encoded><![CDATA[<h1>Naked Capitalism&#8217;s Yves Smith makes a <a href="http://www.nakedcapitalism.com/2010/01/meryvn-king-calls-for-structural-overhaul-to-banking-industry.html" target="_blank">compelling case for the need for structural reform</a>. She is spot-on about the significance of disintermediation for the banking industry and the need to decouple risk. Her lament—&#8221;I see perilous little grappling with the problem that [Bank of England&#8217;s Mervyn] King flagged, that of industry structure&#8221;—really resonates with&nbsp;me.</h1>
<p>I believe the overarching problem of industry structure is being ignored for two&nbsp;reasons.</p>
<p>One reason is the continuing influence of views from the financial academy by well-respected professors like Dr. Rajan who preach the gospel of market value but know very little, in reality, about the microstructure of financial markets, and whose theories would have to change if they acknowledged these inconvenient&nbsp;truths.</p>
<p>The other reason, coming from banks and financial system regulators, is a very rational fear of death. Acknowledging the need for restructuring can only lead to dramatic increases in the cost of banking business when there is no obvious way to improve the bottom line with future&nbsp;growth.</p>
<p>The less obvious solution would be to change the foundation of modern finance in favor of less reliance on price as a proxy of value and greater use of information via statistical simulation and cybernetics—feedback—with oversight by information experts instead of, or alongside, the bankers &#8212; in other words, to reduce the opportunity to cook the&nbsp;books.</p>
<p>Ultimately, this solution is kind to banks but a threat to the financial academy and the accounting profession. Nevertheless, banks are rather more accountable for their mistakes than banking professors or accountants, as we have learned from the Financial&nbsp;Tsunami.</p>
<p>And, since what links the markets together is the common language of price that is taught in business schools, the most capital-efficient way to decouple the markets is to return to fundamental analysis using asset-side data instead of the last traded price. The revival of securitization (with a restoration of the independent monitoring and valuation function) would give the banks the capital efficiency they need to stay in business, and the language for discovering value in new businesses. For banks, the only downside to this solution is that informational efficiency puts a crimp in crony business practices. In the short run, this is a small price to pay for a new lease on&nbsp;life.</p>
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		<title>Capital, Not Toasters, Dr. Krugman</title>
		<link>http://www.creditspectrum.com/2009/04/capital-not-toasters-dr-krugman/</link>
		<comments>http://www.creditspectrum.com/2009/04/capital-not-toasters-dr-krugman/#comments</comments>
		<pubDate>Mon, 13 Apr 2009 11:39:00 +0000</pubDate>
		<dc:creator>Ann Rutledge</dc:creator>
				<category><![CDATA[bailout]]></category>
		<category><![CDATA[structured finance]]></category>

		<guid isPermaLink="false">http://creditspectrum.com/2009/04/capital-not-toasters-dr-krugman/</guid>
		<description><![CDATA[It wasn&#8217;t Dr. Krugman&#8217;s hate-mail treatment of securitization that made my brain go&#160;tilt. (I say this even though we concur with Barry Ritholz’s reasoning in his blog article, &#8220;Paul Krugman is Wrong About Securitization.&#8221;&#160;) What really got to me was the reference to toaster giveaways. Toasters! Sylvain paid $5 for ours &#8212; used &#8212; twenty [...]]]></description>
			<content:encoded><![CDATA[<p>It wasn&#8217;t <a href="http://www.nytimes.com/2009/03/27/opinion/27krugman.html"><span style="font-weight: bold;"></span>Dr. Krugman&#8217;s hate-mail treatment of securitization</a>  that made my brain go&nbsp;tilt.</p>
<p>(I say this even though we concur with Barry Ritholz’s reasoning in his blog article, &#8220;<a href="http://www.ritholtz.com/blog/2009/03/krugman-is-wrong-about-securitization/">Paul Krugman is Wrong About Securitization</a>.&#8221;&nbsp;)</p>
<p>What really got to me was the reference to toaster giveaways. <a href="http://www.blogger.com/post-create.g?blogID=1212025660520081094#" name="ToggleMore"></a><span class="collapse"></p>
<p>Toasters! Sylvain paid $5 for ours &#8212; used &#8212; twenty years ago, and it works just fine, thank you very much. A new toaster would not motivate any of my friends or family members to open a bank account. Nor anyone in my daily life: postman, hairdresser, restaurant manager, butcher, bus driver. I do not think any of the octogenarians who called us last year to ask if their pension plans were in imminent danger of going bust would take solace in a toaster,&nbsp;either.</p>
<p>(What a sad commentary on the general state of trust in American institutions that is &#8212; that people looking for truthful answers would turn to strangers quoted in a&nbsp;newspaper!)</p>
<p>The depositor has gone the way of the toaster. After expenses, interest and taxes, few Americans in their earning years have any income left over to put in a savings account, and retirees can’t live on deposit interest either. But something else is going on, too. Trying to make ends meet in our service economy has turned most of us into unwitting entrepreneurs. The average working American knows the meaning of the phrase &#8220;ownership society,” because an increasing share of the operating and financial risks in our economy have been foisted on us by commercial entities seeking infinite returns through endless expense management, not genuine growth. As we reach the limit of self-reliance in an economy that is stacked against us, working Americans are coming dangerously close to realizing that <span style="font-style: italic;">we</span> are the real capitalists; that it is our energy, optimism and ideas that feed the growth of the&nbsp;economy.</p>
<p>And capitalists do not need toasters. We need&nbsp;capital.</p>
<p>Working Americans need access to funding at a fair cost of capital &#8212; meaning at rates that reflect the value of what we produce and the reliability with which we repay our financial backers. Small business owners, freelancers and entrepreneurs need access to finance, no different than corporate CFOs. We need to be able to respond to business opportunities and, at the same time, plan for the provision of care and education for our children, who are the future intangible wealth of the economy. Yet we have far fewer resources at our command than CFOs, and we are the first to be taxed by the government or be saddled with hidden taxes by the&nbsp;banks.</p>
<p>Let’s not kid ourselves. A 70s-style banking system cannot serve the American small business owner any better today than it did in the 1970s. Nor can a 70s-style education system, which failed us in math and science, enable us to thrive in an information-based economy. By now it is abundantly clear that our economy cannot be pumped up by consumption. We have consumed ourselves and our environment to death,&nbsp;literally.</p>
<p>Economic revival requires that the tables be turned: ordinary Americans need to be treated with respect as the capable producers we are, or can be, not the mindless consumers that we are expected to be. For this inversion to take place, the economy must be re-engineered to listen, think, judge, respond, take responsibility and above all adapt, through the use of informational feedback. In an economy that rewards responsible resource allocation and renewability, informational capital is uniquely important because its value increases – rather than being depleted &#8212; through&nbsp;utilization.</p>
<p>All of which brings me back to securitization: the only form of credit extension that can realign the incentive structure so as to reward value creation by transforming data into informational capital and using it as a partial substitute for monetary&nbsp;capital.</p>
<p>That is what securitization was before the banks set out to sabotage it. Sylvain and I watched the abuses begin in earnest after 1998 and the failure of Long-Term Capital. It took about a decade to completely dismantle the securitization market by subverting its rules, which were not well known outside the circle of practitioners. Because ignorance kept the easy money machine well-lubricated, everyone had a hand in its destruction, including the people whose best interest it was not to destroy it: investors, regulators, finance professors, journalists and ordinary Americans who were allegedly too dumb to understand&nbsp;it.</p>
<p>Supposedly, the economic crisis is going to teach the American consumers a lesson or two about their spendthrift ways: more second-hand toasters, and fewer plasma TVs funded by the &#8220;home <span class="caps">ATM</span>.&#8221; But what about the people who got off scot-free with our equity? What have they&nbsp;learned?</p>
<p>And more importantly, when can we expect the return of a real&nbsp;economy?</p>
<p>We are used to being taxed. We accept the necessity of sacrifice. Yes, there is pride and honor and a sense of due accountability in the label &#8220;taxpayer.&#8221; At the same time, we have a right to expect that the economy we help finance has incentives in place for our children to live secure, wholesome, meaningful lives. Because we live in a commercial society that regulates itself through information, raising the incentives means raising the standards on informational disclosure, which will have the effect of lowering the barriers to entry for anyone who demonstrates the ability to generate that which others&nbsp;value.</p>
<p>As a good faith gesture towards the re-establishment of the economy on a fairer footing, we ask the government to acknowledge that we are being made the lenders of last return in the attempt to restart a baking system that, as yet, we have no reason to trust. We deserve to know precisely how big our transfers of wealth are going to be. And then, we’d like reasons to believe we will never be asked&nbsp;again.</p>
<p>&#8212; Ann Rutledge</span><span class="collapse"></p>
<p></span></p>
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		<title>Introducing The Spectrum&#8217;s New Guest Blogger, Al Martinez</title>
		<link>http://www.creditspectrum.com/2009/02/introducing-the-spectrums-new-guest-blogger-al-martinez/</link>
		<comments>http://www.creditspectrum.com/2009/02/introducing-the-spectrums-new-guest-blogger-al-martinez/#comments</comments>
		<pubDate>Wed, 25 Feb 2009 15:24:00 +0000</pubDate>
		<dc:creator>Ann Rutledge</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://creditspectrum.com/2009/02/introducing-the-spectrums-new-guest-blogger-al-martinez/</guid>
		<description><![CDATA[September 30, 2005, my birthday night. I was in London, teaching securitization, missing Sylvain, browsing the news on the internet&#8230; Geena Davis assumed office as president of the United States Tuesday, and that&#8217;s all right with me. I&#8217;ve had it with testosterone-fueled leaders who know how to pull a trigger or drop a bomb but [...]]]></description>
			<content:encoded><![CDATA[<p>September 30, 2005, my birthday night. I was in London, teaching securitization, missing Sylvain, browsing the news on the internet&#8230;<br /><a href="http://www.blogger.com/post-create.g?blogID=1212025660520081094#" name="ToggleMore"></a><span class="collapse"></p>
<p><span style="font-style:italic;">Geena Davis assumed office as president of the United States Tuesday, and that&#8217;s all right with me. I&#8217;ve had it with testosterone-fueled leaders who know how to pull a trigger or drop a bomb but are otherwise clueless when it comes to leadership. A woman has always led me, and I like it just&nbsp;fine.</span></p>
<p>Geena&#8217;s name leaped off the screen. I&#8217;ve seen every movie of hers since <span style="font-style:italic;">Beetle Juice</span>. But, what followed was even more diverting: a guy with the insouciance and wit to match hers, who obviously liked women. I loved him! Who was&nbsp;he?</p>
<p>It was Al Martinez, L.A.-based journalist and award-winning author. Specifically, he is attached to three Pulitzer Prizes and has won National Headliner Awards, a National Ernie Pyle Award and an honorary degree of humane letters from Whittier University. His collected works are archived at the Huntington Library in San Marino, <span class="caps">CA</span>. Until recently a columnist for the Los Angeles Times, Al has also written eight books and many screenplays for television. He currently conducts The Topanga Writers Workshop in addition to writing his blog, &#8220;Everything&nbsp;Else.&#8221;</p>
<p>R&#038;R is very excited to announce that Al&#8217;s essays will be appearing regularly in The Spectrum. He promises to write on subjects many and varied, and his first article has already been posted &#8212; it&#8217;s called &#8220;Hooray for Gollywood: Entertainment at the Edge of the Abyss.&#8221; Be sure not to miss&nbsp;it.</p>
<p>I haven&#8217;t told Al yet, but we&#8217;re hoping he&#8217;ll occasionally indulge in some humor or irony at the expense of the economy. It&#8217;s about the only expense the economy can still&nbsp;afford.</p>
<p>&#8212; Ann Rutledge<span class="collapse"><br /></span></p>
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		<title>Why DIPs Can&#8217;t Afford to Take a Bath on Company Risk</title>
		<link>http://www.creditspectrum.com/2009/01/why-dips-cant-afford-to-take-a-bath-on-company-risk/</link>
		<comments>http://www.creditspectrum.com/2009/01/why-dips-cant-afford-to-take-a-bath-on-company-risk/#comments</comments>
		<pubDate>Tue, 27 Jan 2009 16:47:00 +0000</pubDate>
		<dc:creator>Ann Rutledge</dc:creator>
				<category><![CDATA[bailout]]></category>
		<category><![CDATA[mismanagement]]></category>
		<category><![CDATA[structured securities]]></category>

		<guid isPermaLink="false">http://creditspectrum.com/2009/01/why-dips-cant-afford-to-take-a-bath-on-company-risk/</guid>
		<description><![CDATA[An article by Anousha Sakoui and Nicole Bullock in Financial Times entitled &#8220;Liquidation risk grows as DIP finance dries up&#8221; is one more piece of evidence that hybrid systems don&#8217;t work. I&#8217;m referring here to the two corporate bankruptcy systems the U.S. has put in place: one designed to help companies get back on their [...]]]></description>
			<content:encoded><![CDATA[<p>An article by Anousha Sakoui and Nicole Bullock in <span style="font-style: italic;">Financial Times</span> entitled &#8220;<a href="http://www.ft.com/cms/s/0/a524770a-eb1c-11dd-bb6e-0000779fd2ac.html">Liquidation risk grows as <span class="caps">DIP</span> finance dries up</a>&#8221; is one more piece of evidence that hybrid systems don&#8217;t work.<a href="http://www.blogger.com/post-create.g?blogID=1212025660520081094#" name="ToggleMore"></a><span class="collapse"></p>
<p>I&#8217;m referring here to the two corporate bankruptcy systems the <span class="caps">U.S.</span> has put in place: one designed to help companies get back on their feet at the point of insolvency, and one with the right specifications to help companies get back on their feet before they reach the point of&nbsp;insolvency.</p>
<p>The official bankruptcy system came into existence as a result of the railroad funding crisis in the third quarter of the nineteenth century, when the <span class="caps">U.S.</span> broke with <span class="caps">U.K.</span> tradition and allowed bankruptcy courts to work with creditors to restructure companies back into health. In such situations, specialty lenders come in, take a lien on the assets of the company (the Debtor-in-Possession assets) and manage it tightly out of insolvency under a set of controls that resemble a securitization bond indenture (Debtor-in-Possession financing). The second informal system, of course, is securitization itself, the emergence of which is associated with the savings and loan crisis in the third quarter of the twentieth&nbsp;century.</p>
<p>Securitization is a <span style="font-style: italic;">de facto</span> restructuring tool, although it has rarely been used strategically as such. On the contrary, securitization appears to have been used by well-known public companies to do the opposite: put themselves into bankruptcy by cashing out the resources of the company and wasting the proceeds or arrogating them to the corporate office. This was possible because of loopholes in the accounting system and an orchestrated willfulness in the market to turn a blind eye to a serious information problem in the securitization&nbsp;sector.</p>
<p>I can&#8217;t prove that securitization is a forward-looking solution to bankruptcy, or that it is a better fit for financing corporations under a so-called lifecycle model, as I have argued elsewhere, but the logic is obvious. Securitization supplies the investor with more precise information on asset quality than the accounting model (when it isn&#8217;t compromised by bad ratings), and this is a boon to small companies that deliver value but lack brand. It also, in theory, gives greater flexibility to branded companies who are locked into doing the same thing &#8212; to a large extent by their creditors and shareholders, who don’t want to bear the risk of&nbsp;change.</p>
<p><span class="caps">GM</span> and its funding arm <span class="caps">GMAC</span> are a perfect example of a large public company that should not have used securitization for working capital but could have used it to transform and modernize its operations. The total bailout package to <span class="caps">GM</span> and <span class="caps">GMAC</span> was something under $20.8 billion, but has anyone bothered to tally how much capital <span class="caps">GM</span> raised off balance sheet under the combined auspices of <span class="caps">GMAC</span> and <span class="caps">RFC</span> in the years leading up to the crisis, or tried to figure out where it went? Senior management appears to have plundered the resources of the company, leaving the tough management decisions for President Obama to make by regulatory fiat. Is it any wonder that a <span class="caps">DIP</span> lender would have second thoughts about investing debt capital in the residual value of an insolvent company&nbsp;today?</p>
<p>&#8212; Ann Rutledge<br /></span></p>
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