California and Bust

By Michael Lewis (courtesy of Vanity Fair)

California and Bust

The smart money says the U.S. economy will splinter, with some states thriving, some states not, and all eyes are on California as the nightmare scenario. After a hair-raising visit with former governor Arnold Schwarzenegger, who explains why the Golden State has cratered, Michael Lewis goes where the buck literally stops—the local level, where the likes of San Jose mayor Chuck Reed and Vallejo fire chief Paige Meyer are trying to avert even worse catastrophes and rethink what it means to be a society.

O n August 5, 2011, moments after the U.S. government watched a rating agency lower its credit rating for the first time in American history, the market for U.S. Treasury bonds soared. Four days later, the interest rates paid by the U.S. government on its new 10-year bonds were plummeting on their way to record lows. The price of gold rose right alongside the price of U.S. Treasury bonds, but the prices of virtually all stocks and other bonds in rich Western countries went into a free fall. The net effect of a major U.S. rating agency’s saying that the U.S. government was less likely than before to repay its debts was to lower the cost of borrowing for the U.S. government and to raise it for everyone else. This told you a lot of what you needed to know about the ability of the U.S. government to live beyond its means: it had, for the moment, a blank check. The shakier the United States government appeared, up to some faraway point, the more cheaply it would be able to borrow. It wasn’t exposed yet to the same vicious cycle that threatened the financial life of European countries: a moment of doubt leads to higher borrowing costs, which leads to greater doubt and even higher borrowing costs, and so on until you become Greece. The fear that the United States might actually not pay back the money it had borrowed was still unreal.

On December 14, 2010, the television news program 60 Minutes aired a 14-minute piece about U.S. state and local finances. Correspondent Steve Kroft interviewed a private Wall Street analyst named Meredith Whitney, who, back in 2007, had gone from being obscure to famous when she correctly suggested that Citigroup’s losses in U.S. subprime bonds were far bigger than anyone imagined, and predicted the bank would be forced to cut its dividend. The 60 Minutes segment noted that U.S. state and local governments faced a collective annual deficit of roughly half a trillion dollars, adding that another trillion-dollar gap existed between what the governments owed retired workers and the money they had on hand to pay them. Whitney pointed out that even these numbers were unreliable, and probably optimistic, as the states did a poor job of providing information about their finances to the public. New Jersey governor Chris Christie concurred with her and added, “At this point, if it’s worse, what’s the difference?” The bill owed by American states to retired American workers was so large that it couldn’t be paid, whatever the amount. At the end of the piece, Kroft asked Whitney what she thought about the ability and willingness of the American states to repay their debts. She didn’t see a real risk that the states would default, because the states had the ability to push their problems down to counties and cities. But at these lower levels of government, where American life was lived, she thought there would be serious problems. “You could see 50 to a hundred sizable defaults, [maybe] more,” she said. A minute later Kroft returned to her to ask when people should start worrying about a crisis in local finances. “It’ll be something to worry about within the next 12 months,” she said.

T hat prophecy turned out to be self-fulfilling: people started worrying about U.S. municipal finance the minute the words were out of her mouth. The next day the municipal-bond market tanked. It kept falling right through the next month. It fell so far, and her prediction received so much attention, that money managers who had put clients into municipal bonds felt compelled to hire more people to analyze states and cities, to prove her wrong. (One of them called it “the Meredith Whitney Municipal Bond Analyst Full Employment Act.”) Inside the financial world a new literature was born, devoted to persuading readers that Meredith Whitney didn’t know what she was talking about. She was vulnerable to the charge: up until the moment she appeared on 60 Minutes she had, so far as anyone knew, no experience at all of U.S. municipal finance. Many of the articles attacking her accused her of making a very specific forecast—as many as a hundred defaults within a year!—that failed to materialize. (Sample Bloomberg News headline: meredith whitney loses credibility as muni defaults fall 60%. ) The whirlwind thrown up by the brief market panic sucked in everyone who was anywhere near municipal finance. The nonpartisan, dispassionate, sober-minded Center on Budget and Policy Priorities, in Washington, D.C., even released a statement saying that there was a “mistaken impression that drastic and immediate measures are needed to avoid an imminent fiscal meltdown.” This was treated in news accounts as a response to Meredith Whitney, as she was the only one in sight who could be accused of having made such a prediction.

But that’s not at all what she had said: her words were being misrepresented so that her message might be more easily attacked. “She was referring to the complacency of the ratings agencies and investment advisers who say there is nothing to worry about,” said a person at 60 Minutes who reviewed the transcripts of the interview for me, to make sure I had heard what I thought I had heard. “She says there is something to worry about, and it will be apparent to everyone in the next 12 months.”

Whatever else she had done, Meredith Whitney had found the pressure point in American finance: the fear that American cities would not pay back the money they had borrowed. The market for municipal bonds, unlike the market for U.S. government bonds, spooked easily. American cities and states were susceptible to the same cycle of doom that had forced Greece to seek help from the International Monetary Fund. All it took to create doubt and raise borrowing costs for states and cities was for a woman with no standing in the municipal-bond market to utter a few sentences on television. That was the amazing thing: she had offered nothing to back up her statement. She’d written a massive, detailed report on state and local finances, but no one except a handful of her clients had any idea what was in it. “If I was a real nasty hedge-fund guy,” one hedge-fund manager put it to me, “I’d sit back and say, ‘This is a herd of cattle that can be stampeded.’ ”

W hat Meredith Whitney was trying to say was more interesting than what she was accused of saying. She didn’t actually care all that much about the municipal-bond market, or how many cities were likely to go bankrupt. The municipal-bond market was a dreary backwater. As she put it, “Who cares about the stinking muni-bond market?” The only reason she had stumbled into that market was that she had come to view the U.S. national economy as a collection of regional economies. To understand the regional economies, she had to understand how state and local governments were likely to behave, and to understand this she needed to understand their finances. Thus she had spent two unlikely years researching state and local finance. “I didn’t have a plan to do this,” she said. “Not one of my clients asked for it. I only looked at this because I needed to understand it myself. How it started was with a question: How can G.D.P. [gross domestic product] estimates be so high when the states that outperformed the U.S. economy during the boom were now underperforming the U.S. economy—and they were 22 percent of that economy?” It was a good question.

From 2002 to 2008, the states had piled up debts right alongside their citizens’: their level of indebtedness, as a group, had almost doubled, and state spending had grown by two-thirds. In that time they had also systematically underfunded their pension plans and other future liabilities by a total of nearly $1.5 trillion. In response, perhaps, the pension money that they had set aside was invested in ever riskier assets. In 1980 only 23 percent of state pension money had been invested in the stock market; by 2008 the number had risen to 60 percent. To top it off, these pension funds were pretty much all assuming they could earn 8 percent on the money they had to invest, at a time when the Federal Reserve was promising to keep interest rates at zero. Toss in underfunded health-care plans, a reduction in federal dollars available to the states, and the depression in tax revenues caused by a soft economy, and you were looking at multi-trillion-dollar holes that could be dealt with in only one of two ways: massive cutbacks in public services or a default—or both. Whitney thought default unlikely, at least at the state level, because the state could bleed the cities of money to pay off its bonds. The cities were where the pain would be felt most intensely. “The scary thing about state treasurers,” she said, “is that they don’t know the financial situation in their own municipalities.”

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“How do you know that?”

“Because I asked them!”

All states may have been created equal, but they were equal no longer. The states that had enjoyed the biggest boom were now facing the biggest busts. “How does the United States emerge from the credit crisis?” Whitney asked herself. “I was convinced—because the credit crisis had been so different from region to region—that it would emerge with new regional strengths and weaknesses. Companies are more likely to flourish in the stronger states; the individuals will go to where the jobs are. Ultimately, the people will follow the companies.” The country, she thought, might organize itself increasingly into zones of financial security and zones of financial crisis. And the more clearly people understood which zones were which, the more friction there would be between the two. (“Indiana is going to be like, ‘N.F.W. I’m bailing out New Jersey.’ ”) As more and more people grasped which places had serious financial problems and which did not, the problems would only increase. “Those who have money and can move do so,” Whitney wrote in her report to her Wall Street clients, “those without money and who cannot move do not, and ultimately rely more on state and local assistance. It becomes effectively a ‘tragedy of the commons.’ ”

The point of Meredith Whitney’s investigation, in her mind, was not to predict defaults in the municipal-bond market. It was to compare the states with one another so that they might be ranked. She wanted to get a sense of who in America was likely to play the role of the Greeks, and who the Germans. Of who was strong, and who weak. In the process she had, in effect, unearthed America’s scariest financial places.

“So what’s the scariest state?” I asked her.

She had to think for only about two seconds.

“California.”

California Iron Man

A t seven o’clock one summer morning I pedaled a $5,000 titanium-frame mountain bike rented in anxiety the previous evening down the Santa Monica beach road to the corner where Arnold Schwarzenegger had asked me to meet him. He turned up right on time, driving a black Cadillac S.U.V. with a handful of crappy old jalopy bikes racked to the back. I wore the closest I could find to actual bicycle gear; he wore a green fleece, shorts, and soft beige slipper-like shoes that suggested both a surprising indifference to his own appearance and a security in his own manhood. His hair was still vaguely in a shape left by a pillow, and his eyelids drooped, though he swore he’d been up for an hour and a half reading newspapers. After reading the newspapers, this is what the former governor of California often does: rides his bike for cardio, then hits the weight room.

He hauls a bike off the back of the car, hops on, and takes off down an already busy Ocean Avenue. He wears no bike helmet, runs red lights, and rips past do not enter signs without seeming to notice them and up one-way streets the wrong way. When he wants to cross three lanes of fast traffic he doesn’t so much as glance over his shoulder but just sticks out his hand and follows it, assuming that whatever is behind him will stop. His bike has at least 10 speeds, but he has just 2: zero and pedaling as fast as he can. Inside half a mile he’s moving fast enough that wind-induced tears course down his cheeks.

He’s got to be one of the world’s most recognizable people, but he doesn’t appear to worry that anyone will recognize him, and no one does. It may be that people who get out of bed at dawn to jog and Rollerblade and racewalk are too interested in what they are doing to break their trance. Or it may be that he’s taking them by surprise. He has no entourage, not even a bodyguard. His former economic adviser, David Crane, and his media adviser, Adam Mendelsohn, who came along for the ride just because it sounded fun, are now somewhere far behind him. Anyone paying attention would think, That guy might look like Arnold, but it can’t possibly be Arnold, because Arnold would never be out alone on a bike at seven in the morning, trying to commit suicide. It isn’t until he is forced to stop at a red light that he makes meaningful contact with the public. A woman pushing a baby stroller and talking on a cell phone crosses the street right in front of him and does a double take. “Oh . . . my . . . God,” she gasps into her phone. “It’s Bill Clinton!” She’s not 10 feet away, but she keeps talking to the phone, as if the man were unreal. “I’m here with Bill Clinton.”

“It’s one of those guys who has had a sex scandal,” says Arnold, smiling.

“Wait . . . wait,” says the woman to her phone. “Maybe it’s not Bill Clinton.”

Before she can make a positive identification, the light is green, and we’re off.

His life has been a series of carefully staged experiences. He himself has no staged presentation of it, however. He is fresh, alive, and improvisational: I’m not sure even he knows what he will do next. He’s not exactly humble, but then, if I had lived the life he’s lived, I’m not sure I would be, either, though I might try to fake humility more often than he does, which is roughly never. What saves him from self-absorption, aside from a natural curiosity, is a genuine lack of interest in personal reflection. He lives the same way he rides his bike, paying far more attention to what’s ahead than what’s behind. In office, he kept no journal of any sort. I find it amazing, but he now says he didn’t so much as scribble little notes that might later be used to reconstruct his experience and his feelings about it. “Why would I do that?” he says. “It’s kind of like you come home and your wife asks you about your day. I’ve done it once and I don’t want to do it again.” What he wanted to do after a long day of being governor, more or less, was to lift weights.

W e’re just a couple of miles in when he zips around a corner and into a narrow alleyway just off Venice Beach. He’s humoring me; I’ve been pestering him about what it was like for him when he first arrived in America, back in 1968, with little money, less En­glish, really nothing but his lats, pecs, traps, and abs, for which there was no obvious market. He stops beside a tall brick wall. It surrounds what might once have been an impressive stone house that now just looks old and bleak and empty. The wall is what interests him, because he built it 43 years ago, right after he had arrived and started to train on Muscle Beach. “Franco [Columbu, like Schwarzenegger a former Mr. Olympia] and I made money this way. In bodybuilding there was no money. Here we were, world champions of this little subculture, and we did this to eat. Franco ran the business. I mixed the cement and knocked things down with the sledgehammer.”

Before he stumbled while running downhill with a refrigerator strapped to his back, Columbu was the front-runner in the 1977 contest for the title of the World’s Strongest Man, so there was some distinction in being hired by his operation, as Schwarze­neg­ger was, to be the muscle. They had a routine. Franco would play the unreliable Italian, Arnold the sober German. Before they cut any deal they’d scream at each other in German in front of the customer until the customer would finally ask what was going on. Arnold would turn to the customer and explain, Oh, he’s Italian, and you know how they are. He wants to charge you more, but I think we can do it cheaply. Schwarzenegger would then name a not so cheap price. “And the customer,” he says now, laughing, “he would always say, ‘Arnold, you’re such a nice guy! So honest!’ It was selling, you know.”

He surveys his handiwork. “It’ll be here for a thousand years,” he says, then points out some erosion on the top. “I said to Franco we ought to come back and fix the top. You know, to show it was guaranteed for life.”

A poor kid from a small village in Austria, the son of a former Nazi, hops on a plane to America, starts out laying bricks, and winds up running the state and becoming one of America’s most prominent political leaders. From post to wire the race takes less than 35 years. I couldn’t help but ask the obvious question.

“If someone had told you when you were building this wall that you would wind up governor of California, what would you have said?”

“That would be all right,” he said, not exactly catching my drift.

“As a boy,” I said, taking another tack, “did you believe you’d lead something other than an ordinary life?”

“Yes.” He didn’t miss a beat.

“Why?”

“I don’t know.”

“No one has had this kind of crazy, wild ride,” he says as we speed away from the brick wall, but in a tone that suggests the ride was an accident. “I was influenced a lot by America,” he said. “The giant six-lane highways, the Empire State Building, the risktaking.” He still remembers vividly the America he heard and read about as a boy in Austria: everything about it was big. The only reason he set out to grow himself some big muscles was that he thought it might be a ticket to America.

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If there had not been a popular movement to remove sitting governor Gray Davis and the chance to run for governor without having to endure a party primary, he never would have bothered. “The recall happens and people are asking me, ‘What are you going to do?’ ” he says, dodging vagrants and joggers along the beach bike path. “I thought about it but decided I wasn’t going to do it. I told Maria I wasn’t running. I told everyone I wasn’t running. I wasn’t running.” Then, in the middle of the recall madness, Terminator 3: Rise of the Machines opened. As the movie’s leading machine, he was expected to appear on The Tonight Show to promote it. En route he experienced a familiar impulse—the impulse to do something out of the ordinary. “I just thought, This will freak everyone out,” he says. “It’ll be so funny. I’ll announce that I am running. I told Leno I was running. And two months later I was governor.” He looks over at me, pedaling as fast as I can to keep up with him, and laughs. “What the fuck is that?

We’re now off the beach and on the surface roads, and the traffic is already heavy. He veers left, across four lanes, arrives on the other side, and says, “All these people are asking me, ‘What’s your plan? Who’s on your staff?’ I didn’t have a plan. I didn’t have a staff. I wasn’t running until I went on Jay Leno.

His view of his seven years trying to run the state of California can be summarized as follows. He came to power accidentally, but not without ideas about what he wanted to do. At his core he thought government had become more problem than solution: an institution run less for the benefit of the people than for the benefit of politicians and other public employees. He behaved pretty much as Americans seem to imagine the ideal politician should behave: he made bold decisions without looking at polls; he didn’t sell favors; he treated his opponents fairly; he was quick to acknowledge his mistakes and to learn from them; and so on. He was the rare elected official who believed, with some reason, that he had nothing to lose, and behaved accordingly. When presented with the chance to pursue an agenda that violated his own narrow political self-interest for the sake of the public interest, he tended to leap at it. “There were a lot of times when we said, ‘You just can’t do that,’ ” says his former chief of staff, Susan Kennedy, a lifelong Democrat, whose hiring was one of those things a Republican governor was not supposed to do. “He was always like, ‘I don’t care.’ Ninety percent of the time it was a good thing.”

T wo years into his tenure, in mid-2005, he’d tried everything he could think of to persuade individual California state legislators to vote against the short-term desires of their constituents for the greater long-term good of all. “To me there were shocking moments,” he says. Having sped past a do not enter sign, we are now flying through intersections without pausing. I can’t help but notice that, if we weren’t breaking the law by going the wrong way down a one-way street, we’d be breaking the law by running stop signs. “When you want to do pension reform for the prison guards,” he says, “and all of a sudden the Republicans are all lined up against you. It was really incredible, and it happened over and over: people would say to me, ‘Yes, this is the best idea! I would love to vote for it! But if I vote for it some interest group is going to be angry with me, so I won’t do it.’ I couldn’t believe people could actually say that. You have soldiers dying in Iraq and Afghanistan, and they didn’t want to risk their political lives by doing the right thing.”

He came into office with boundless faith in the American people—after all, they had elected him—and figured he could always appeal directly to them. That was his trump card, and he played it. In November 2005 he called a special election that sought votes on four reforms: limiting state spending, putting an end to the gerrymandering of legislative districts, limiting public-employee-union spending on elections, and lengthening the time it took for public-school teachers to get tenure. All four propositions addressed, directly or indirectly, the state’s large and growing financial mess. All four were defeated; the votes weren’t even close. From then until the end of his time in office he was effectively gelded: the legislators now knew that the people who had elected them to behave exactly the way they were already behaving were not going to undermine them when appealed to directly. The people of California might be irresponsible, but at least they were consistent.

Home of the Free . . . Lunch

A compelling book called Cal­ifornia Crackup describes this problem more generally. It was written by a pair of journalists and nonpartisan think-tank scholars, Joe Mathews and Mark Paul, and they explain, among other things, why Arnold Schwarze­neg­ger’s experience as governor was going to be unlike any other experience in his career: he was never going to win. California had organized itself, not accidentally, into highly partisan legislative districts. It elected highly partisan people to office and then required these people to reach a two-thirds majority to enact any new tax or meddle with big spending decisions. On the off chance that they found some common ground, it could be pulled out from under them by voters through the initiative process. Throw in term limits—no elected official now serves in California government long enough to fully understand it—and you have a recipe for generating maximum contempt for elected officials. Politicians are elected to get things done and are prevented by the system from doing it, leading the people to grow even more disgusted with them. “The vicious cycle of contempt,” as Mark Paul calls it. California state government was designed mainly to maximize the likelihood that voters will continue to despise the people they elect.

But when you look below the surface, he adds, the system is actually very good at giving Californians what they want. “What all the polls show,” says Paul, “is that people want services and not to pay for them. And that’s exactly what they have now got.” As much as they claimed to despise their government, the citizens of California shared its defining trait: a need for debt. The average Californian, in 2011, had debts of $78,000 against an income of $43,000. The behavior was unsustainable, but, in its way, for the people, it works brilliantly. For their leaders, even in the short term, it works less well. They ride into office on great false hopes and quickly discover they can do nothing to justify those hopes.

In Paul’s view, Arnold Schwarzenegger had been the best test to date of the notion that the problem with California politics was personal, that all the system needed to fix itself was an independent-minded leader willing to rise above petty politics and exert the will of the people. “The recall was, in and of itself, an effort by the people to say that a new governor—a different continued from page 183 person—could solve the problem,” says Paul. “He tried every different way of dealing with the crisis in services. He tried to act like a Republican. He tried to act like a Democrat. He tried making nice with the legislature. When that didn’t work he called them girlie men. When that didn’t work he went directly to the people. And the people voted against his proposals.”

T he experiment wasn’t a complete fail­ure. As governor, Schwarzenegger was able to accomplish a few important things—reforming worker compensation, enabling open primaries, and, at the very end, ensuring that legislative districts would be drawn by an impartial committee rather than by the legislature. But on most issues, and on virtually everything having to do with how the state raised and spent money, he lost. In his first term Schwarzenegger had set out to cut spending and found he could cut only the things that the state actually needed. Near the end of his second term, he managed to pass a slight tax increase, after he talked four Republicans into creating the super-majority necessary for doing so. Every one of them lost his seat in the next election. He’d taken office in 2003 with approval ratings pushing 70 percent and what appeared to be a mandate to fix California’s money problems; he left in 2011 with approval ratings below 25 percent, having fixed very little. “I was operating under the commonsense kind of thing,” he says now. “It was the voters who recalled Gray Davis. It was the voters who elected me. So it will be the voters who hand me the tools to do the job. But the other side was successful enough for the voters to take the tools away.”

David Crane, the former economic adviser—at that moment rapidly receding into the distance—could itemize the result: a long list of depressing government financial statistics. The pensions of state employees ate up twice as much of the budget when Schwarzenegger left office as they had when he arrived, for instance. The officially recognized gap between what the state would owe its workers and what it had on hand to pay them was roughly $105 billion, but that, thanks to accounting gimmicks, was probably only about half the real number. “This year the state will directly spend $32 billion on employee pay and benefits, up 65 percent over the past 10 years,” says Crane later. “Compare that to state spending on higher education [down 5 percent], health and human services [up just 5 percent], and parks and recreation [flat], all crowded out in large part by fast-rising employment costs.” Crane is a lifelong Democrat with no particular hostility to government. But the more he looked into the details, the more shocking he found them to be. In 2010, for instance, the state spent $6 billion on fewer than 30,000 guards and other prison-system employees. A prison guard who started his career at the age of 45 could retire after five years with a pension that very nearly equaled his former salary. The head parole psychiatrist for the California prison system was the state’s highest-paid public employee; in 2010 he’d made $838,706. The same fiscal year that the state spent $6 billion on prisons, it had invested just $4.7 billion in its higher education—that is, 33 campuses with 670,000 students. Over the past 30 years the state’s share of the budget for the University of California has fallen from 30 percent to 11 percent, and it is about to fall a lot more. In 1980 a Cal student paid $776 a year in tuition; in 2011 he pays $13,218. Everywhere you turn, the long-term future of the state is being sacrificed.

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This same set of facts, and the narrative it suggested, would throw an ordinary man into depression. He might conclude that he lived in a society that was ungovernable. After seven years of trying and mostly failing to run California, Schwarzenegger is persuasively not depressed. “You have to realize the thing was so much fun!” he says. “We had a great time! There were times of frustration. There were times of disappointment. But if you want to live rather than just exist, you want the drama.” As we roll to a stop very near the place on the beach where he began his American bodybuilding career, he says, “You have to step back and say, ‘I was elected under odd circumstances. And I’m going out in odd circumstances.’ You can’t have it both ways. You can’t be a spoiled brat.”

T he odd circumstances were the never-ending financial crises. He’d come to power in the bust after the Internet bubble; he’d left in the bust after the housing bub­ble. Before and after our bike ride, I sat down with him to get his view of this second event. It was in the middle of 2007, he said, when he first noticed something was not quite right in the California economy. He’d been finishing up budget negotiations and arrived at a number, however phony, where the budget could be declared balanced. An aide walked into his office to give him a heads-up: the tax receipts for that month were less than expected. “We were all of a sudden short $300 million in revenue for the month,” says Schwarzenegger. “I somehow felt, Uh-oh. Because there was something in the air.” Soon after that he visited the George W. Bush White House, where he gave a talk that was, as ever, upbeat. “At the end of it this guy—he was the guy who was in charge of housing, I forgot the name. Great guy. For some reason or other he was very honest with me. I don’t know why. He probably didn’t think I’d go out and blab, which I didn’t. He says, ‘That was a great speech you gave, but we’re heading to a major problem.’ I said, ‘What do you mean?’ He said, ‘I looked at some of the numbers, and it’s going to be ugly.’ That’s all he said. He wouldn’t elaborate.” A housing-price decline in the United States meant a housing-price collapse in California, and a housing-price collapse in California meant an economic collapse and a decline in tax revenues. “The next month our revenues came in short $600 million. By December we were short a billion.”

At some point in our talks I asked Schwarze­negger how much time he had spent, as governor, grappling with the on-the-ground local implications of the big state crisis. The question pretty clearly bored him. “I’m not into the local stuff,” he’d said. “I was born for the world.”

City of Broken Dreams

A bout an hour into the weekly meeting of the San Jose City Council, I find myself wishing that I, too, was born for the world. A hundred citizens yawn and text as the council honors National Farmers Market Week; the few people who seem to be paying attention get up and leave after the honor is bestowed. The council commemorates August 7 as Assyrian Martyrs Day, “honoring the massacre of three thousand people in August 1933, and recognizing 2,000 years of persecution of Assyrian Christians.” Maybe 30 people turn their attention from their cell phones to the ceremony, but then they, too, rise and exit the chamber. A mere handful of people are left to hear the San Jose city manager offer the latest bleak financial news: the state of California was clawing back tens of millions of dollars more, and “140 employees have been separated from the city.” (New times call for new euphemisms.) A pollster presents his finding that, no matter how the question is phrased, the citizens of San Jose are unlikely to approve any ballot measure that raises taxes. A numbers guy gets to his feet and explains that the investment returns in the city’s pension plan are not likely to be anything near as high as was assumed. In addition to there not being enough money in this particular pot to begin with, the pot is failing to expand as fast as everyone had hoped, and so the gap between what the city’s employees are entitled to and what will exist is even greater than previously imagined. The council then votes to postpone, for six weeks, a vote on whether to declare the city’s budget a “public emergency,” and thus to give to the mayor, Chuck Reed, new powers.

Following each motion an obese man not so much dressed as enshrouded in blue-jean overalls maximizes his right to be heard for five minutes on every subject: over and again he rises from the front row of the audience, waddles to the podium, and delivers sophisticated-sounding but incomprehensible critiques of everything. “ The absolute reduction in competence of government is predicated on what happened today . . .

The relationship between the people and their money in California is such that you can pluck almost any city at random and enter a crisis. San Jose has the highest per capita income of any city in the United States, after New York. It has the highest credit rating of any city in California with a population over 250,000. It is one of the few cities in America with a triple-A rating from Moody’s and Standard & Poor’s, but only because its bondholders have the power to compel the city to levy a tax on property owners to pay off the bonds. The city itself is not all that far from being bankrupt.

I t’s late afternoon when I meet Mayor Chuck Reed in his office at the top of the city-hall tower. The crowd below has just begun to chant. The public employees, as usual, are protesting him. Reed is so used to it that he hardly notices. He’s a former air-force officer and Vietnam-era veteran with an intellectual bent and the clipped manner of a midwestern farmer. He has a master’s degree from Princeton, a law degree from Stanford, and a lifelong interest in public policy. Still, he presents less as the mayor of a big city in California than as a hard-bitten, upstanding sheriff of a small town who doesn’t want any trouble. Elected to the city council in 2000, he became mayor six years later; in 2010 he was re-elected with 77 percent of the vote. He’s a Democrat, but at this point it doesn’t much matter which party he belongs to, or what his ideological leanings are, or for that matter how popular he is with the people of San Jose. He’s got a problem so big that it overwhelms ordinary politics: the city owes so much more money to its employees than it can afford to pay that it could cut its debts in half and still wind up broke. “I did a calculation of cost per public employee,” he says as we settle in. “We’re not as bad as Greece, I don’t think.”

The problem, he explains, pre-dates the most recent financial crisis. “Hell, I was here. I know how it started. It started in the 1990s with the Internet boom. We live near rich people, so we thought we were rich.” San Jose’s budget, like the budget of any city, turns on the pay of public-safety workers: the police and firefighters now eat 75 percent of all discretionary spending. The Internet boom created both great expectations for public employees and tax revenues to meet them. In its negotiations with unions the city was required to submit to binding arbitration, which works for police officers and firefighters just as it does for Major League Baseball players. Each side of any pay dispute makes its best offer, and a putatively neutral judge picks one of them. There is no meeting in the middle: the judge simply rules for one side or the other. Each side thus has an incentive to be reasonable, for the less reasonable they are, the less likely it is that the judge will favor their proposal. The problem with binding arbitration for police officers and firefighters, says Reed, is that the judges are not neutral. “They tend to be labor lawyers who favor the unions,” he says, “and so the city does anything it can to avoid the process.” And what politician wants to spat publicly with police officers and firefighters?

O ver the past dec­ade the city of San Jose had repeatedly caved to the demands of its public-safety unions. In practice this meant that when the police or fire department of any neighboring city struck a better deal for itself, it became a fresh argument for improving the pay of San Jose police and fire. The effect was to make the sweetest deal cut by public-safety workers with any city in Northern California the starting point for the next round of negotiations for every other city. The departments also used each other to score debating points. For instance, back in 2002, the San Jose police union cut a three-year deal that raised police officers’ pay by 18 percent over the contract. Soon afterward, the San Jose firefighters cut a better deal for themselves, including a pay raise of more than 23 percent. The police felt robbed and complained mightily until the city council crafted a deal that handed them 5 percent more premium pay in exchange for training to fight terrorists. “We got famous for our anti-terrorist-training pay,” explains one city official. Eventually the anti-terrorist-training premium pay stopped; the police just kept the extra pay, with benefits. “Our police and firefighters will earn more in retirement than they did when they were working,” says Reed. “There used to be an argument that you have to give us money or we can’t afford to live in the city. Now the more you pay them the less likely they are to live in the city, because they can afford to leave. It’s staggering. When did we go from giving people sick leave to letting them accumulate it and cash it in for hundreds of thousands of dollars when they are done working? There’s a corruption here. It’s not just a financial corruption. It’s a corruption of the attitude of public service.”

Continued (page 5 of 7)

 

When he was elected to the city council, Reed says, “I hadn’t even thought about pensions. I can’t say I said, ‘Here is my plan.’ I never thought about this stuff. It never came up.” It wasn’t until San Diego flirted with bankruptcy, in 2002, that he wondered about San Jose’s finances. He began to investigate the matter. “That’s when I realized there were big problems,” he says. “That’s when I started paying attention. That’s when I started asking questions: Could it happen here? It’s like the housing bubble and the Internet bubble. There were people around who were writing about it. It’s not that there aren’t people telling us that this is crazy. It’s that you refuse to believe that you are crazy.”

He hands me a chart. It shows that the city’s pension costs when he first became interested in the subject were projected to run $73 million a year. This year they would be $245 million: pension and health-care costs of retired workers now are more than half the budget. In three years’ time pension costs alone would come to $400 million, though “if you were to adjust for real life expectancy it is more like $650 million.” Legally obliged to meet these costs, the city can respond only by cutting elsewhere. As a result, San Jose, once run by 7,450 city workers, was now being run by 5,400 city workers. The city was back to staffing levels of 1988, when it had a quarter of a million fewer residents. The remaining workers had taken a 10 percent pay cut; yet even that was not enough to offset the increase in the city’s pension liability. The city had closed its libraries three days a week. It had cut back servicing its parks. It had refrained from opening a brand-new community center, built before the housing bust, because it couldn’t pay to staff the place. For the first time in history it had laid off police officers and firefighters.

B y 2014, Reed had calculated, a city of a million people, the 10th-largest city in the United States, would be serviced by 1,600 public workers. “There is no way to run a city with that level of staffing,” he said. “You start to ask: What is a city? Why do we bother to live together? But that’s just the start.” The problem was going to grow worse until, as he put it, “you get to one.” A single employee to service the entire city, presumably with a focus on paying pensions. “I don’t know how far out you have to go until you get to one,” said Reed, “but it isn’t all that far.” At that point, if not before, the city would be nothing more than a vehicle to pay the retirement costs of its former workers. The only clear solution was if former city workers up and died, soon. But former city workers were, blessedly, living longer than ever.

This wasn’t a hypothetical scary situation, said Reed. “It’s a mathematical inevitability.” In spirit it reminded me of Bernard Madoff’s investment business. Anyone who looked at Madoff’s returns and understood them could see he was running a Ponzi scheme; only one person who had understood them both­ered to blow the whistle, and no one listened to him. (See No One Would Listen: A True Financial Thriller, by Harry Markopolos.)

In his negotiations with the unions, the mayor has gotten nowhere. “I understand the police and firefighters,” he says. “They think, We’re the most important, and everyone else goes [gets fired] first.” The police union recently suggested to the mayor that he close the libraries for the other four days. “We looked into that,” Reed says. “If you close the libraries an extra day you pay for 20 or 30 cops.” Adding 20 more police officers for a year wouldn’t solve anything. The cops who were spared this year would be axed next, in response to the soaring costs of the pensions of city workers who already had retired. On the other side of the inequality is the taxpayer of San Jose, who has no interest in paying more than he already does. “It’s not that we’re insolvent and can’t pay our bills,” says Reed. “It’s about willingness.”

I ask him what the chances are that, in this pinch, he could raise taxes. He holds up a thumb and index finger: zero. He’s recently coined a phrase, he says: “service-level insolvency.” Service-level insolvency means that the expensive community center that has been built and named cannot be opened. It means closing libraries three days a week. It isn’t financial bankruptcy; it’s cultural bankruptcy.

“How on earth did this happen?” I ask him.

“The only way I can explain it,” he says, “is that they got the money because it was there.” But he has another way to explain it, and in a moment he offers it up.

“I think we’ve suffered from a series of mass delusions,” he says.

I didn’t completely understand what he meant, and said so.

“We’re all going to be rich,” he says. “We’re all going to live forever. All the forces in the state are lined up to preserve the status quo. To preserve the delusion. And here—this place—is where the reality hits.”

On the way back to the elevators I chat with two of Mayor Reed’s aides. He’d mentioned to me that, as bad as they might think they have it in San Jose, a lot of other American cities have it worse. “I count my blessings when I talk to the mayors of other cities,” he’d said.

“Which city do you pity most?” I ask just before the elevator doors close.

They laugh and in unison say, “Vallejo!”

Living on the Default Line

W elcome to vallejo, city of opportunity, reads the sign on the way in, but the shops that remain open display signs that say, we accept food stamps. Weeds surround abandoned businesses, and all traffic lights are set to permanently blink, which is a formality, as there are no longer any cops to police the streets. Vallejo is the one city in the Bay Area where you can park anywhere and not worry about getting a ticket, because there are no meter maids either. The windows of city hall are dark, but its front porch is a hive of activity. A young man in a backward baseball cap, sunglasses, and a new pair of Nike sneakers stands on a low wall and calls out an address:

“Nine hundred Cambridge Drive,” he says. “In Benicia.”

The people in the crowd below instantly begin bidding. From 2006 to 2010 the value of Vallejo real estate fell 66 percent. One in 16 homes in the city is in foreclosure. This is apparently the fire sale, but the characters involved are so shady and furtive that I can hardly believe it. I stop to ask what’s going on, but the bidders don’t want to talk. “Why would I tell you anything?” says a guy sitting in a Coleman folding chair. He obviously thinks he’s shrewd, and perhaps he is.

The lobby of city hall is completely empty. There’s a receptionist’s desk but no receptionist. Instead, there’s a sign: to foreclosure auctioneers and foreclosure bidders: please do not conduct business in the city hall lobby.

O n the third floor I find the offices of the new city manager, Phil Batchelor, but when I walk in, there is no one in sight. It’s just a collection of empty cubicles. At length a woman appears and leads me to Batchelor himself. He’s in his 60s and, oddly enough, a published author. He’s written one book on how to raise children and another on how to face death. Both deliver an overtly Christian message, but he doesn’t come across as Evangelical; he comes across as sensible, and a little weary. His day job, before he retired, was running cities with financial difficulties. He came out of retirement to take this job, but only after the city council had asked him a few times. “The more you say no, the more determined they are to get you,” he says. His chief demand was not financial but social: he’d take the job only if the people on the city council ceased being nasty to one another and behaved civilly. He actually got that in writing, and they’ve kept their end of the bargain. “I’ve been in a lot of places that have been in a lot of trouble, but I’ve never seen anything like this,” he says. He then lays out what he finds unusual, beginning with the staffing levels. He’s now running the city, and he has a staff of one: I just met her. “When she goes out to the bathroom, she has to lock the [office] door,” he says, “because I’m in meetings, and we have no one else.”

Back in 2008, unable to come to terms with its many creditors, Vallejo declared bankruptcy. Eighty percent of the city’s budget—and the lion’s share of the claims that had thrown it into bankruptcy—were wrapped up in the pay and benefits of public-safety workers. Relations between the police and the firefighters, on the one hand, and the citizens, on the other, were at historic lows. The public-safety workers thought that the city was out to screw them on their contracts; the citizenry thought that the public-safety workers were using fear as a tool to extort money from them. The local joke was that “P.D.” stands for “Pay or Die.” The city-council meetings had become exercises in outrage: at one, a citizen arrived with a severed pig’s head on a barbecue grill. “There’s no good reason why Vallejo is as fucked up as it is,” says longtime resident Marc Garman, who created a Web site to catalogue the civil war. “It’s a boat ride to San Francisco. You throw a stone and you hit Napa.” Since the bankruptcy, the police and fire departments have been cut in half; some number of the citizens who came to Phil Batchelor’s office did so to say they no longer felt safe in their own homes. All other city services had been reduced effectively to zero. “Do you know that some cities actually pave their streets?” says Batchelor. “That’s not here.”

Continued (page 6 of 7)

 

I notice on his shelf a copy of Fortune magazine, with Meredith Whitney on the cover. And as he talked about the bankrupting of Vallejo, I realized that I had heard this story before, or a private-sector version of it. The people who had power in the society, and were charged with saving it from itself, had instead bled the society to death. The problem with police officers and firefighters isn’t a public-sector problem; it isn’t a problem with government; it’s a problem with the entire society. It’s what happened on Wall Street in the run-up to the subprime crisis. It’s a problem of people taking what they can, just because they can, without regard to the larger social consequences. It’s not just a coincidence that the debts of cities and states spun out of control at the same time as the debts of individual Americans. Alone in a dark room with a pile of money, Americans knew exactly what they wanted to do, from the top of the society to the bottom. They’d been conditioned to grab as much as they could, without thinking about the long-term consequences. Afterward, the people on Wall Street would privately bemoan the low morals of the American people who walked away from their subprime loans, and the American people would express outrage at the Wall Street people who paid themselves a fortune to design the bad loans.

Having failed to convince its public-safety workers that it could not afford to make them rich, the city of Vallejo, California, had hit bottom: it could fall no lower. “My approach has been I don’t care who is to blame,” Batchelor said. “We needed to change.” When I met him, a few months after he had taken the job, he was still trying to resolve a narrow financial dispute: the city had 1,013 claimants with half a billion dollars in claims but only $6 million to dole out to them. They were survivors of a shipwreck on a life raft with limited provisions. His job, as he saw it, was to convince them that the only chance of survival was to work together. He didn’t view the city’s main problem as financial: the financial problems were the symptom. The disease was the culture. Just a few weeks earlier, he had sent a memo to the remaining city staff—the city council, the mayor, the public-safety workers. The central message was that if you want to fix this place you need to change how you behave, each and every one of you. “It’s got to be about the people,” he said. “Teach them respect for each other, integrity and how to strive for excellence. Cultures change. But people need to want to change. People convinced against their will are of the same opinion still.”

“How do you change the culture of an entire city?” I asked him.

“First of all we look internally,” he said.

Too Fat to Fly

T he road out of Vallejo passes directly through the office of Dr. Peter Whybrow, a British neuroscientist at U.C.L.A. with a theory about American life. He thinks the dysfunction in America’s society is a by-product of America’s success. In academic papers and a popular book, American Mania, Whybrow argues, in effect, that human beings are neurologically ill-designed to be modern Americans. The human brain evolved over hundreds of thousands of years in an environment defined by scarcity. It was not designed, at least originally, for an environment of extreme abundance. “Human beings are wandering around with brains that are fabulously limited,” he says cheerfully. “We’ve got the core of the average lizard.” Wrapped around this reptilian core, he explains, is a mammalian layer (associated with maternal concern and social interaction), and around that is wrapped a third layer, which enables feats of memory and the capacity for abstract thought. “The only problem,” he says, “is our passions are still driven by the lizard core. We are set up to acquire as much as we can of things we perceive as scarce, particularly sex, safety, and food.” Even a person on a diet who sensibly avoids coming face-to-face with a piece of chocolate cake will find it hard to control himself if the chocolate cake somehow finds him. Every pastry chef in America understands this, and now neuroscience does, too. “When faced with abundance, the brain’s ancient reward pathways are difficult to suppress,” says Whybrow. “In that moment the value of eating the chocolate cake exceeds the value of the diet. We cannot think down the road when we are faced with the chocolate cake.”

The richest society the world has ever seen has grown rich by devising better and better ways to give people what they want. The effect on the brain of lots of instant gratification is something like the effect on the right hand of cutting off the left: the more the lizard core is used the more dominant it becomes. “What we’re doing is minimizing the use of the part of the brain that lizards don’t have,” says Whybrow. “We’ve created physiological dysfunction. We have lost the ability to self-regulate, at all levels of the society. The $5 million you get paid at Goldman Sachs if you do whatever they ask you to do—that is the chocolate cake upgraded.”

T he succession of financial bubbles, and the amassing of personal and public debt, Whybrow views as simply an expression of the lizard-brained way of life. A color-coded map of American personal indebtedness could be laid on top of the Centers for Disease Control’s color-coded map that illustrates the fantastic rise in rates of obesity across the United States since 1985 without disturbing the general pattern. The boom in trading activity in individual stock portfolios; the spread of legalized gambling; the rise of drug and alcohol addiction—it is all of a piece. Everywhere you turn you see Americans sacrifice their long-term interests for short-term rewards.

What happens when a society loses its ability to self-regulate, and insists on sacrificing its long-term interest for short-term rewards? How does the story end? “We could regulate ourselves if we chose to think about it,” Whybrow says. “But it does not appear that is what we are going to do.” Apart from that remote possibility, Whybrow imagines two outcomes. The first he illustrates with a true story, which might be called the parable of the pheasant. Last spring, on sabbatical from the University of Oxford, he was surprised to discover that he was able to rent an apartment inside Blenheim Palace, the Churchill family home. The previous winter at Blenheim had been harsh, and the pheasant hunters had been efficient; as a result, just a single pheasant had survived in the palace gardens. This bird had gained total control of a newly seeded field. Its intake of food, normally regulated by its environment, was now entirely unregulated: it could eat all it wanted, and it did. The pheasant grew so large that, when other birds challenged it for seed, it would simply frighten them away. The fat pheasant became a tourist attraction and even acquired a name: Henry. “Henry was the biggest pheasant anyone had ever seen,” says Whybrow. “Even after he got fat, he just ate and ate.” It didn’t take long before Henry was obese. He could still eat as much as he wanted, but he could no longer fly. Then one day he was gone: a fox ate him.

The other possible outcome was only slightly more hopeful: to hit bottom. To realize what has happened to us—because we have no other choice. “If we refuse to regulate ourselves, the only regulators are our environment,” says Whybrow, “and the way that environment deprives us.” For meaningful change to occur, in other words, we need the environment to administer the necessary level of pain.

I n August 2011, the same week that Standard & Poor’s downgraded the debt of the United States government, a judge approved the bankruptcy plan for Vallejo, California. Vallejo’s creditors ended up with 5 cents on the dollar, public employees with something like 20 and 30 cents on the dollar. The city no longer received any rating at all from Moody’s and Standard & Poor’s. It would take years to build the track rec­ord needed to obtain a decent rating. The absence of a rating mattered little, as the last thing the city needed to do was to go out and borrow money from strangers.

More out of idle curiosity than with any clear purpose, I drove up again to Vallejo and paid a call on the fire department. In the decay of our sense of common purpose, the firefighters are a telling sign that we are approaching a new bottom. It isn’t hard to imagine how a police department might wind up in conflict with the community it’s hired to protect. A person who becomes a police officer enjoys the authority. He wants to stop the bad guys. He doesn’t necessarily need to care for the people he polices. A person who becomes a firefighter wants to be a good guy. He wants to be loved.

The Vallejo firefighter I met with that morning was named Paige Meyer. He was 41 years old. He had short salt-and-pepper hair and olive skin, with traces of burn marks on his cheeks. His natural expression was a smile. He wasn’t particularly religious or political. (“I’m not necessarily a God guy.”) The closest thing he had to a religion, apart from his family, was his job. He was extremely proud of it, and of his colleagues. “I don’t want this to sound arrogant at all,” he said, “but many departments in nicer communities, they get a serious fire maybe once a year. We get them all the time.” The Vallejo population is older and poorer than in many surrounding cities, and older still are the buildings it lives in. The typical Vallejo house is a charming, highly flammable wooden Victorian. “In this town we fight fires,” says Meyer. “This town rips. ” The department was shaped by its environment: they were extremely aggressive firefighters. “When I came to this department you rolled to a fire,” he said. “You were not going to see an exterior water stream from this department. We’re going in. You have some knucklehead calling in with a sore throat—your giddyup is not so fast. But I’ll tell you something about this department. They get a call that there’s a baby choking or a 10-year-old not breathing, you better get out of the way or you’re going to get run over.”

Continued (page 7 of 7)

 

A s a young man, to pay his way through college, Meyer had worked as a state-beach lifeguard at lakes in central California. He assumed that there would be little drama in the work but people would turn up, get drunk, and attempt to drown. A few of the times he pulled people from the water, they were in bad enough shape that they needed paramedics; the fire department was there on the spot. He started talking to firefighters and found that “they all absolutely loved what they did. You get to go and live and create a second family. How can you not like that?” He came to Vallejo in 1998, at the age of 28. He had left a cushy job in Sunnyvale, outside San Jose, where there aren’t many fires, precisely because he wanted to fight fires. “In other departments,” he says, “I wasn’t a firefighter. The first six months of the job here, I was out at two in the morning at a fire every other week. I couldn’t believe it.” The houses of Vallejo are mainly balloon-frame construction. The interior walls have no firebreaks: from bottom to top, all four walls carry fire as efficiently as a chimney. One of the rookie mistakes in Vallejo is to put the fire out on the ground floor, only to look up and see it roaring out of the roof. “When we get to a fire we say, ‘Boom! Send someone up to the attic.’ Because the fire is going right to the attic.”

Meyer actually had made that rookie mistake. One day not long after he’d arrived, he jumped off the truck already breathing air from a tank and raced into what appeared to be a burning one-bedroom apartment. He knocked down the door and put the attack line on the fire and then wondered why the fire wasn’t going out. “It should have been getting cooler, but it was getting hotter and hotter.” Right in front of his face, on his plastic mask, lines trickled down, like rain on a windshield. The old-school firefighters left their ears exposed so they could feel the heat: the heat contained the critical information. Meyer could only see the heat: his helmet was melting. “If your helmet starts to shrivel up and melt, that’s not cool,” he says. A melting helmet, among the other problems it presents, is an indication that a room is about to flash. Flashing, he explains, “is when all combustible materials simultaneously ignite. You’re a baked potato after that.” He needed more water, or to get out, but his ego was invested in staying inside, and so he stayed inside. Moments later a backup arrived, with another, bigger hose.

Afterward, he understood his mistake: the building was three stories, built on a slope that disguised its size, and the fire had reached the attic. “I’m not saying that if the backup hadn’t come when it did I’d be dead,” he says, but that’s exactly what he is saying. The scar on his face is from that fire. “I needed to learn to control my environment,” he said. “I’d had this false sense of security.”

W hen you take care of something, you become attached to it, and he’d become attached to Vallejo. He was extremely uncomfortable with conflict between his union and the citizens, and had found himself in screaming matches with the union’s negotiator. Meyer thought firefighters, who tended to be idealistic and trusting, were easily duped. He further thought the rank and file had been deceived both by the city, which lied to them repeatedly in negotiations, and by their own leadership, which harnessed the firefighters’ outrage to make unreasonable demands in the union-negotiated contract with the city. What was lost at the bargaining table was the reason they did what they did for a living. “I’m telling you,” Meyer says, “when I started, I didn’t know what I was getting paid. I didn’t care what I was getting paid. I didn’t know about benefits. A lot of things that we’re politicizing today were not even in my mind. I was just thinking of my dream job. Let me tell you something else: nobody cared in 2007 how much I made. If I made six figures they said, ‘Shit, man, you deserve it. You ran into a burning building.’ Because everyone had a job. All they knew about our job is that it was dangerous. The minute the economy started to collapse, people started looking at each other.”

Today the backup that may or may not have saved him is far less likely to arrive. When Vallejo entered bankruptcy, the fire department was cut from 121 to 67, for a city of 112,000 people. The department handles roughly 13,000 calls a year, extremely high for the population. When people feel threatened or worried by anything except other people, they call the fire department. Most of these calls are of the cat-in-the-tree variety—pointless. (“You never see the skeleton of a cat in a tree.”) They get calls from people who have headaches. They get calls from people who have itches where they can’t scratch. They have to answer every call. (“The best call I ever had was phantom-leg pain in a guy with no legs.”) To deal with these huge numbers of calls, they once had eight stations, eight three-person engine companies, a four-man truck company (used only for actual fires and rescue calls), one fireboat, one confined-space rescue team, and a team to deal with hazardous materials. They now are down to four stations, four engines, and a truck.

T his is particularly relevant to Paige Meyer because, two months ago, he became Vallejo’s new fire chief. It surprised him: he hadn’t even applied for the job. The city manager, Phil Batchelor, just called him to his office one day. “He didn’t ever really ask me if I wanted the job,” says Meyer. “He just asked how’s the family, told me he was giving me the job, and asked if I had any problem with that.”

He didn’t, actually. He sat down and made a list of ways to improve the department. He faced a fresh challenge: How to deliver service that was the same as before, or even better than before, with half the resources. How to cope with an environment of scarcity. He began to measure things that hadn’t been measured. The No. 1 cause of death in firefighting was heart attacks. No. 2 was truck crashes. He was now in charge of a department that would be both overworked and in a hurry. Fewer people doing twice the work probably meant twice the number of injuries per firefighter. He’d decided to tailor fitness regimes to fit the job. With fewer fire stations and fewer firefighters in them, the response times were going to be slower. He’d need to find new ways to speed things up. A longer response time meant less room for error; a longer response time meant the fires they’d be fighting would be bigger. He had some thoughts about the most efficient way to fight these bigger fires. He began, in short, to rethink firefighting.

When people pile up debts they will find difficult and perhaps even impossible to repay, they are saying several things at once. They are obviously saying that they want more than they can immediately afford. They are saying, less obviously, that their pres­ent wants are so important that, to satisfy them, it is worth some future difficulty. But in making that bargain they are implying that, when the future difficulty arrives, they’ll figure it out. They don’t always do that. But you can never rule out the possibility that they will. As idiotic as optimism can sometimes seem, it has a weird habit of paying off.

 

 

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The forever recession (and the coming revolution)

By Seth Godin

There are actually two recessions:

The first is the cyclical one, the one that inevitably comes and then inevitably goes. There’s plenty of evidence that intervention can shorten it, and also indications that overdoing a response to it is a waste or even harmful.

The other recession, though, the one with the loss of “good factory jobs” and systemic unemployment–I fear that this recession is here forever.

Why do we believe that jobs where we are paid really good money to do work that can be systemized, written in a manual and/or exported are going to come back ever? The internet has squeezed inefficiencies out of many systems, and the ability to move work around, coordinate activity and digitize data all combine to eliminate a wide swath of the jobs the industrial age created.

There’s a race to the bottom, one where communities fight to suspend labor and environmental rules in order to become the world’s cheapest supplier. The problem with the race to the bottom is that you might win…

Factories were at the center of the industrial age. Buildings where workers came together to efficiently craft cars, pottery, insurance policies and organ transplants–these are job-centric activities, places where local inefficiences are trumped by the gains from mass production and interchangeable parts. If local labor costs the industrialist more, he has to pay it, because what choice does he have?

No longer. If it can be systemized, it will be. If the pressured middleman can find a cheaper source, she will. If the unaffiliated consumer can save a nickel by clicking over here or over there, then that’s what’s going to happen.

It was the inefficiency caused by geography that permitted local workers to earn a better wage, and it was the inefficiency of imperfect communication that allowed companies to charge higher prices.

The industrial age, the one that started with the industrial revolution, is fading away. It is no longer the growth engine of the economy and it seems absurd to imagine that great pay for replaceable work is on the horizon.

This represents a significant discontinuity, a life-changing disappointment for hard-working people who are hoping for stability but are unlikely to get it. It’s a recession, the recession of a hundred years of the growth of the industrial complex.

I’m not a pessimist, though, because the new revolution, the revolution of connection, creates all sorts of new productivity and new opportunities. Not for repetitive factory work, though, not for the sort of thing ADP measures. Most of the wealth created by this revolution doesn’t look like a job, not a full time one anyway.

When everyone has a laptop and connection to the world, then everyone owns a factory. Instead of coming together physically, we have the ability to come together virtually, to earn attention, to connect labor and resources, to deliver value.

Stressful? Of course it is. No one is trained in how to do this, in how to initiate, to visualize, to solve interesting problems and then deliver. Some see the new work as a hodgepodge of little projects, a pale imitation of a ‘real’ job. Others realize that this is a platform for a kind of art, a far more level playing field in which owning a factory isn’t a birthright for a tiny minority but something that hundreds of millions of people have the chance to do.

Gears are going to be shifted regardless. In one direction is lowered expectations and plenty of burger flipping. In the other is a race to the top, in which individuals who are awaiting instructions begin to give them instead.

The future feels a lot more like marketing–it’s impromptu, it’s based on innovation and inspiration, and it involves connections between and among people–and a lot less like factory work, in which you do what you did yesterday, but faster and cheaper.

This means we may need to change our expecations, change our training and change how we engage with the future. Still, it’s better than fighting for a status quo that is no longer. The good news is clear: every forever recession is followed by a lifetime of growth from the next thing…

Job creation is a false idol. The future is about gigs and assets and art and an ever-shifting series of partnerships and projects. It will change the fabric of our society along the way. No one is demanding that we like the change, but the sooner we see it and set out to become an irreplaceable linchpin, the faster the pain will fade, as we get down to the work that needs to be (and now can be) done.

This revolution is at least as big as the last one, and the last one changed everything.

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Letters from a Self-Made Merchant To His Son

Letters written by John Graham

 CHICAGO, October 1, 189x

Dear Pierrepont:

Your Ma got back safe this morning and she wants me
to be sure to tell you not to over-study, and I want to tell you to be
sure not to under-study. What we’re really sending you to Harvard for is
to get a little of the education that’s so good and plenty there. When
it’s passed around you don’t want to be bashful, but reach right out and
take a big helping every time, for I want you to get your share. You’ll
find that education’s about the only thing lying around loose in this
world, and that it’s about the only thing a fellow can have as much of
as he’s willing to haul away. Everything else is screwed down tight and
the screw-driver lost.

I didn’t have your advantages when I was a boy, and you can’t have mine.
Some men learn the value of money by not having any and starting out to
pry a few dollars loose from the odd millions that are lying around; and
some learn it by having fifty thousand or so left to them and starting
out to spend it as if it were fifty thousand a year. Some men learn the
value of truth by having to do business with liars; and some by going to
Sunday School. Some men learn the cussedness of whiskey by having a
drunken father; and some by having a good mother. Some men get an
education from other men and newspapers and public libraries; and some
get it from professors and parchments–it doesn’t make any special
difference how you get a half-nelson on the right thing, just so you get
it and freeze on to it. The package doesn’t count after the eye’s been
attracted by it, and in the end it finds its way to the ash heap. It’s
the quality of the goods inside which tells, when they once get into the
kitchen and up to the cook.

You can cure a ham in dry salt and you can cure it in sweet pickle, and
when you’re through you’ve got pretty good eating either way, provided
you started in with a sound ham. If you didn’t, it doesn’t make any
special difference how you cured it–the ham-tryer’s going to strike the
sour spot around the bone. And it doesn’t make any difference how much
sugar and fancy pickle you soak into a fellow, he’s no good unless he’s
sound and sweet at the core.

The first thing that any education ought to give a man is character, and
the second thing is education. That is where I’m a little skittish about
this college business. I’m not starting in to preach to you, because I
know a young fellow with the right sort of stuff in him preaches to
himself harder than any one else can, and that he’s mighty often
switched off the right path by having it pointed out to him in the wrong
way.

I remember when I was a boy, and I wasn’t a very bad boy, as boys go,
old Doc Hoover got a notion in his head that I ought to join the church,
and he scared me out of it for five years by asking me right out loud in
Sunday School if I didn’t want to be saved, and then laying for me after
the service and praying with me. Of course I wanted to be saved, but I
didn’t want to be saved quite so publicly.

When a boy’s had a good mother he’s got a good conscience, and when he’s
got a good conscience he don’t need to have right and wrong labeled for
him. Now that your Ma’s left and the apron strings are cut, you’re
naturally running up against a new sensation every minute, but if you’ll
simply use a little conscience as a tryer, and probe into a thing which
looks sweet and sound on the skin, to see if you can’t fetch up a sour
smell from around the bone, you’ll be all right.

[Illustration: "_Old Doc Hoover asked me right out in Sunday School if I
didn't want to be saved._"]

I’m anxious that you should be a good scholar, but I’m more anxious that
you should be a good clean man. And if you graduate with a sound
conscience, I shan’t care so much if there are a few holes in your
Latin. There are two parts of a college education–the part that you get
in the schoolroom from the professors, and the part that you get outside
of it from the boys. That’s the really important part. For the first
can only make you a scholar, while the second can make you a man.

Education’s a good deal like eating–a fellow can’t always tell which
particular thing did him good, but he can usually tell which one did him
harm. After a square meal of roast beef and vegetables, and mince pie
and watermelon, you can’t say just which ingredient is going into muscle,
but you don’t have to be very bright to figure out which one started the
demand for painkiller in your insides, or to guess, next morning, which
one made you believe in a personal devil the night before. And so, while
a fellow can’t figure out to an ounce whether it’s Latin or algebra or
history or what among the solids that is building him up in this place
or that, he can go right along feeding them in and betting that they’re
not the things that turn his tongue fuzzy. It’s down among the sweets,
among his amusements and recreations, that he’s going to find his
stomach-ache, and it’s there that he wants to go slow and to pick and
choose.

It’s not the first half, but the second half of a college education
which merchants mean when they ask if a college education pays. It’s the
Willie and the Bertie boys; the chocolate eclair and tutti-frutti boys;
the la-de-dah and the baa-baa-billy-goat boys; the high cock-a-lo-rum
and the cock-a-doodle-do boys; the Bah Jove!, hair-parted-in-the-middle,
cigaroot-smoking, Champagne-Charlie, up-all-night-and-in-all-day boys
that make ‘em doubt the cash value of the college output, and overlook
the roast-beef and blood-gravy boys, the shirt-sleeves and
high-water-pants boys, who take their college education and make some
fellow’s business hum with it.

Does a College education pay? Does it pay to feed in pork trimmings at
five cents a pound at the hopper and draw out nice, cunning, little
“country” sausages at twenty cents a pound at the other end? Does it
pay to take a steer that’s been running loose on the range and living
on cactus and petrified wood till he’s just a bunch of barb-wire and
sole-leather, and feed him corn till he’s just a solid hunk of
porterhouse steak and oleo oil?

You bet it pays. Anything that trains a boy to think and to think quick
pays; anything that teaches a boy to get the answer before the other
fellow gets through biting the pencil, pays.

College doesn’t make fools; it develops them. It doesn’t make
bright men; it develops them. A fool will turn out a fool, whether
he goes to college or not, though he’ll probably turn out a
different sort of a fool. And a good, strong boy will turn out a
bright, strong man whether he’s worn smooth in the
grab-what-you-want-and-eat-standing-with-one-eye-skinned-for-the-dog
school of the streets and stores, or polished up and slicked down in the
give-your-order-to-the-waiter-and-get-a-sixteen-course-dinner school of
the professors. But while the lack of a college education can’t keep No.
1 down, having it boosts No. 2 up.

It’s simply the difference between jump in, rough-and-tumble,
kick-with-the-heels-and-butt-with-the-head
fighting, and this grin-and-look-pleasant,
dodge-and-save-your-wind-till-you-see-a-chance-to-land-on-the-solar-plexus
style of the trained athlete. Both styles win fights, but the fellow
with a little science is the better man, providing he’s kept his muscle
hard. If he hasn’t, he’s in a bad way, for his fancy sparring is just
going to aggravate the other fellow so that he’ll eat him up.

Of course, some men are like pigs, the more you educate them, the more
amusing little cusses they become, and the funnier capers they cut when
they show off their tricks. Naturally, the place to send a boy of that
breed is to the circus, not to college.

Speaking of educated pigs, naturally calls to mind the case of old man
Whitaker and his son, Stanley. I used to know the old man mighty well
ten years ago. He was one of those men whom business narrows, instead
of broadens. Didn’t get any special fun out of his work, but kept right
along at it because he didn’t know anything else. Told me he’d had to
root for a living all his life and that he proposed to have Stan’s
brought to him in a pail. Sent him to private schools and dancing
schools and colleges and universities, and then shipped him to Oxford
to soak in a little “atmosphere,” as he put it. I never could quite lay
hold of that atmosphere dodge by the tail, but so far as I could make
out, the idea was that there was something in the air of the Oxford
ham-house that gave a fellow an extra fancy smoke.

Well, about the time Stan was through, the undertaker called by for the
old man, and when his assets were boiled down and the water drawn off,
there wasn’t enough left to furnish Stan with a really nourishing meal.
I had a talk with Stan about what he was going to do, but some ways he
didn’t strike me as having the making of a good private of industry, let
alone a captain, so I started in to get him a job that would suit his
talents. Got him in a bank, but while he knew more about the history of
banking than the president, and more about political economy than the
board of directors, he couldn’t learn the difference between a fiver
that the Government turned out and one that was run off on a hand press
in a Halsted Street basement. Got him a job on a paper, but while he
knew six different languages and all the facts about the Arctic regions,
and the history of dancing from the days of Old Adam down to those of
Old Nick, he couldn’t write up a satisfactory account of the Ice-Men’s
Ball. Could prove that two and two made four by trigonometry and
geometry, but couldn’t learn to keep books; was thick as thieves with
all the high-toned poets, but couldn’t write a good, snappy,
merchantable street-car ad.; knew a thousand diseases that would take a
man off before he could blink, but couldn’t sell a thousand-dollar
tontine policy; knew the lives of our Presidents as well as if he’d been
raised with them, but couldn’t place a set of the Library of the Fathers
of the Republic, though they were offered on little easy payments that
made them come as easy as borrowing them from a friend. Finally I hit on
what seemed to be just the right thing. I figured out that any fellow
who had such a heavy stock of information on hand, ought to be able to
job it out to good advantage, and so I got him a place teaching. But it
seemed that he’d learned so much about the best way of teaching boys,
that he told his principal right on the jump that he was doing it all
wrong, and that made him sore; and he knew so much about the dead
languages, which was what he was hired to teach, that he forgot he was
handling live boys, and as he couldn’t tell it all to them in the
regular time, he kept them after hours, and that made them sore and put
Stan out of a job again. The last I heard of him he was writing articles
on Why Young Men Fail, and making a success of it, because failing was
the one subject on which he was practical.

I simply mention Stan in passing as an example of the fact that it isn’t
so much knowing a whole lot, as knowing a little and how to use it that
counts.

                                     Your affectionate father,
                                                     JOHN GRAHAM.

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A Template for Understanding What’s Going On

By Ray Dalio

A Template for Understanding What’s Going On

Deleveragings typically end via a mix of 1) debt restructurings that reduce debt service obligations, 2) increases in the supply of money that make it easier for debtors to meet their debt service obligations, 3) redistributions of wealth, 4) businesses lowering their break-even levels through cost-cutting and 5) substantial increases in risk and liquidity premiums that restore the economics of capital formation (i.e., lending and equity investing).

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That Day in September, and Air Traffic Controller’s Perspective

By Chris Tucker

September 11, 2001

It really was a remarkable day. I remember stopping on the sidewalk on the way into work to just look at the sky, it was crystalline and incredibly blue. Beautiful. I stepped into my place of business, a large room about the size of a football field, very dark with the constant hum of electronics and various sections filled with radar scopes. I work at the New York Air Route Traffic Control Center, NYARTCC or New York Center as we say. I had no idea that this day would turn out to be the most terrible and memorable day of my career. I had been lucky so far, dodging bullets by not being on duty when Avianca 52 went down in Great Neck, Long Island or the explosion of TWA 800 or the suicide/mass murder of EgyptAir 990. But not today. The pilots were particularly chatty that day, constantly commenting on how nice the city looked, how clear it was. It was a CAVU day. Ceilings And Visibility Unlimited.

I was plugged in and working sector 55, a radar departure sector that encompasses airspace to the southwest of New York City from 14,000 feet to 28,000 feet and I was working quite a few JFK departures westbound, several NY Metro departures southwest-bound and some arrivals into DCA and BWI that had to be descended through the climbing departures. I was getting a bit busy and asked the controller working with me to “point out” an aircraft to the sector above us (sector 42) so I could climb the flight into his airspace and basically get him out of the way. My coworker called and then hung up, incredulous, saying sarcastically “He won’t take the point out, he says he has a hijack”. As the controller working the sector above us had a flair for drama we didn’t take him seriously and I remarked “Get a real controller over there”.

But it was true. American 11 had turned off its transponder and had turned south over the Hudson River toward New York. The transponder transmits a 4 digit code along with altitude and position information so our computers can track the flight and we can see its altitude and speed. Although the flight had turned off the transponder we still had a very solid “primary” (radar reflection) target visible on the scope. So we could still see what we believed was AAL11 heading south toward New York, but we had no idea what its altitude was.

At some point I remember calling Huntress, the Northeast Air Defense Sector to give the position of the target that we believed was AAL 11. “Where is he?” the military controller asked. “About ten miles west of LaGuardia, right over the Hudson, heading south, its a strong primary target”. “I’m sorry, where? I don’t see him”. I gave up and hung up the line. The target was gone. We did not know then that AAL 11 had crashed into the World Trade Center. A few moments later some aircraft on my frequency that had just departed JFK asked me if I knew the south tower was on fire. There was a huge column of smoke they said. Later, after listening to the tapes, we discovered that one of the pilots on my frequency had said “Maybe its that American you guys are looking for” but I hadn’t heard what he said. All we knew for sure was that he was no longer on the radar and that simply meant that he was very, very low. We assumed (for some reason) that they were flying low and down the coast and headed god knows where. Someone said that a small twin engine aircraft had hit the World Trade Center, but it never occurred to us that it could possibly have been American 11. No way. Not in your dreams bud.

As this was beginning, UAL175 checked on with the controller working sector 42 and told him that they had heard a suspicious transmission on the prior frequency in Boston Center’s airspace. But all eyes were on the target that we believed was AAL11. As we focused on the target, trying to figure out what was going on, the facility chief entered the room with a phone in each ear and his deputy beside him. They stood behind sector 42 and talked quietly but I was too busy to hear any of their conversation. While everyone in the room was staring at this target tracking toward New York, I heard a voice behind me say “Hey, there’s an intruder over Allentown” This meant that there was a target that we call a “Mode C Intruder” that the computer wasn’t tracking. Then we noticed that the computer track for United 175 had separated from its target so we assumed the intruder was UAL175 and he was showing up as an intruder because someone on the flight deck had changed the transponder code to a code that the computer couldn’t identify. The intruder climbed briefly from 36,000 feet or as we say Flight Level Three Six Zero (if I recall correctly) and then as it passed over Allentown, PA it began descending and turning left to the south.

Someone said “watch this guy” to me but I was already watching, I had entered the 3321 code that the aircraft was now squawking on its transponder into to make its target appear brighter on my scope. As the target continued turning and descending I became increasingly concerned about two aircraft that I had under my control, both heading southwest and climbing. If the intruder continued the left turn and descending at the same rate it looked like they would get very close. But it was impossible to tell which way to move the traffic to get them out of the way. If the intruder turned rather tightly than he would come north of my traffic, if the turn was wide he would come south of them. As it was he turned head on into both of them.

Before the intruder had finished the turn I had issued a traffic call to both of my climbing aircraft: “Delta 2315 and USAir 542, traffic, one o’clock, one five miles turning southeast and descending, we believe it is a hijack and we don’t know his intentions” (please keep in mind that these are my recollections ten years after the event and I don’t have transcripts of my tapes available, but the essence is exactly as it was that day). Still, I had no idea what the intruder was going to do. Would he continue turning? Continue descending? I had to assume yes to both of these questions and it began to look as if he was heading for New York City, but for what purpose? Was he an emergency we speculated? If so it must be a dire one. No pilot would turn off course or descend without informing us first. This was crazy. We were thinking hijack but just weren’t sure. Delta 2315 was level now at FL 280 (28,000 feet) and USAir 542 was about five miles behind him and leveling off at FL 260. I called the traffic again, “Delta 2315 that traffic is now one o’clock, ten miles, turning opposite direction and descending rapidly. It looks like he will be directly in your face. Take any evasive action you deem necessary.” “Roger” came the reply. I called the traffic to USAir 542 again and he asked me a question that I didn’t hear correctly. I thought he said “Is that the guy at our one o’clock?” and I responded “affirmative”, but we later determined that what he actually said was “Is that the Delta we are following at our one o’clock?” which was not the case, I wanted him to look for the intruder that was turning head on.

By now I was becoming extremely concerned. The tension in the room was palpable. Several people were staring in disbelief at my scope as the events began to unfold. When the intruder was about 7 miles from Delta 2315 and pointed directly at him and about 1,500 feet above him, I turned both aircraft, shooting off the clearances as quickly and as clearly as I could: “Delta 2315 turned left IMMEDIATELY heading two zero zero” The pilot responded with a “roger” that sounded just a bit too nonchalant for my current state. “USAir 542 turn left IMMEDIATELY heading two zero zero”. The intruders target was now about five miles from Delta 2315 and closing at right around 1,000 miles per hour. I again called the traffic to the Delta and waited to see the turns. I watched in horror as the two aircraft converged at 28,000 feet. “GOD F#&KING DAMNIT” I shouted as I jumped out of my chair, screaming at the scope. Dead silence. I could hear people breathing across the room. Shit. This was it. It takes twelve seconds for the radar to update. That was the longest twelve seconds of my life. I was focused so intensely on the radar that I thought my eyes might pop out of their sockets. Finally the targets both appeared after having passed each other by about 2 miles. But at that time it seemed like you couldn’t fit a sheet of paper between them.

“USAir 542 is responding to an R.A.” said the USAir pilot as he began descending, responding to an onboard collision avoidance device called TCAS. Sh*t. “Christ I’m sorry about that sir, I really thought he was going to hit the Delta”, I said apologizing to the USAir flight that had come almost as close as the Delta. As it turns out, we suspect that the hijackers aboard United 175 must have heard the TCAS alerts as well because they briefly stopped descending and actually climbed to about 28,300 feet, 300 feet above the Delta. But as soon as they passed they began descending again and rapidly. This is when USAir 542 began descending as well to avoid the conflict, but the turns I had given earlier ended up doing the job, but much, much too close for comfort.

By now I was a nervous wreck and we all watched United 175 descending toward New York City. We wondered, clutching to hope, if he really might be an emergency and not a hijack and was just trying to get the aircraft down on a runway, any runway. We wondered aloud if he was trying for Newark as he was pointed right at it. “Maybe he’s shooting for the 4′s at Newark??” (Newark has two runways called 4, a left and a right) “No”, Jimmy B. said, “He’s too high and too fast”. We watched as the target clipped off the miles, twelve seconds a hit. (We call each subsequent target presentation a “hit”). He was descending at five thousand feet a minute. Then six. Then seven. Unbelievable. Things were beginning to feel surreal. This wasn’t actually happening was it? Yes. “Maybe he’s trying for runway 4 at LaGuardia?”, someone said. “No”, again from Jim. “This guy is going in” And we knew. They were going to crash the plane into the city. They were pointed right at lower Manhattan and we knew it. “Two more hits” said Jimmy. “One more” And then he was gone. We had just watched a commercial airliner deliberately crashed into New York City. It didn’t take long for the tears to come. There was confusion, fear, wild emotion. But we still had work to do.

I vectored aircraft on course, climbed some, descended others, I don’t remember really. I remember choking back tears as I issued instructions to several pilots and talked with some about what had just happened. At some point the supervisor asked me if I needed to get up. I nodded emphatically and was relieved by another controller.

As I walked out of the area and passed the watch desk I heard the Operational Manager in Charge screaming into the phone: “I don’t give a shit what they do, just get them in the air NOW!!” Must be scrambling fighters I pondered, feeling distant and disconnected. I reached over his multiple CRT’s and grabbed the cigarettes out of his shirt pocket. He never noticed.

The rest is history. The controllers in my area, area B, were sequestered with a priest and a psychologist in a conference room for a while, and someone would pop in occasionally with the latest news. “The south tower just collapsed” No f#$king way I thought. They kept popping in with more bad news, bomb threats, more hijackings. I couldn’t take it and got up and walked out to smoke one cigarette after another. The controller sitting next to me had just lost his best friend who was working at Windows On the World. People were in tears, everyone was afraid and angry. Unbelievably angry.

At one point they gathered us up, the controllers from Area B and we made written statements and a recording. They brought this big old reel to reel recorder in and passed around a microphone asking us to give our version of what we saw. Four or five people had already spoken when they discovered it wasn’t recording and we had to start over. Later, a Quality Assurance Manager destroyed this tape and there was a bit of conspiracy theory going on about it. But this is nonsense. The tape was destroyed because the manager knew it was counterproductive and embarrassing. Not embarrassing to the FAA, but to us personally. Many people were crying, several facts were stated incorrectly, it was just a mess. And they had all the data they could possibly need with the voice recordings of all the transmissions and all of the radar data. Not only was he within his rights to destroy the tape, it was actually in his job description. Was it right? I’ll leave that to you to decide. But I can tell you from first hand experience that the contents of the tape that caused such a flap were totally innocuous.

So that is what I experienced on 9/11. I hope it gives some insight, it is definitely a harrowing tale. Below are some statements from my coworkers that I retrieved from the national archives. I was unable to locate mine on the website, although I have a hard copy of it myself. I would really liked to have been able to provide a transcript of my voice recordings from that day, but I was told I have to go through a Freedom of Information procedure and just didn’t want to bother. More government red tape is all I need.

Several weeks (months? who knows) after the event I spoke with a reporter over the phone about that day and he wrote a story for the Hartford Courant. A few days after it was printed he called me again with a strange request. A reader had contacted him and wanted to speak with me, could he share my number with him? I said sure and the gentleman called. Apparently he had been a passenger aboard Delta 2315, a circuit court judge for either the U.S. or Connecticut, I don’t remember. But he had called to thank me. “For what?” I asked. “For saving my life that day”, “for doing your job” and we talked for hours. I think he saved my life that day.

This is dedicated to all those who lost their lives that day, especially the pilots, crew and passengers aboard American 11 and United 175.

Also, please note that much of the information on wikipedia about these two flights is incorrect, but only mildly so.

Christopher Tucker

September 9th, 2011

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Are jobs obsolete?

By Douglas Rushkoff (courtesy of CNN):

The U.S. Postal Service appears to be the latest casualty in digital technology’s slow but steady replacement of working humans. Unless an external source of funding comes in, the post office will have to scale back its operations drastically, or simply shut down altogether. That’s 600,000 people who would be out of work, and another 480,000 pensioners facing an adjustment in terms.

We can blame a right wing attempting to undermine labor, or a left wing trying to preserve unions in the face of government and corporate cutbacks. But the real culprit — at least in this case — is e-mail. People are sending 22% fewer pieces of mail than they did four years ago, opting for electronic bill payment and other net-enabled means of communication over envelopes and stamps.

New technologies are wreaking havoc on employment figures — from EZpasses ousting toll collectors to Google-controlled self-driving automobiles rendering taxicab drivers obsolete. Every new computer program is basically doing some task that a person used to do. But the computer usually does it faster, more accurately, for less money, and without any health insurance costs.

We like to believe that the appropriate response is to train humans for higher level work. Instead of collecting tolls, the trained worker will fix and program toll-collecting robots. But it never really works out that way, since not as many people are needed to make the robots as the robots replace.

And so the president goes on television telling us that the big issue of our time is jobs, jobs, jobs — as if the reason to build high-speed rails and fix bridges is to put people back to work. But it seems to me there’s something backwards in that logic. I find myself wondering if we may be accepting a premise that deserves to be questioned.

I am afraid to even ask this, but since when is unemployment really a problem? I understand we all want paychecks — or at least money. We want food, shelter, clothing, and all the things that money buys us. But do we all really want jobs?

We’re living in an economy where productivity is no longer the goal, employment is. That’s because, on a very fundamental level, we have pretty much everything we need. America is productive enough that it could probably shelter, feed, educate, and even provide health care for its entire population with just a fraction of us actually working.

According to the U.N. Food and Agriculture Organization, there is enough food produced to provide everyone in the world with 2,720 kilocalories per person per day. And that’s even after America disposes of thousands of tons of crop and dairy just to keep market prices high. Meanwhile, American banks overloaded with foreclosed properties are demolishing vacant dwellings to get the empty houses off their books.

Our problem is not that we don’t have enough stuff — it’s that we don’t have enough ways for people to work and prove that they deserve this stuff.

Jobs, as such, are a relatively new concept. People may have always worked, but until the advent of the corporation in the early Renaissance, most people just worked for themselves. They made shoes, plucked chickens, or created value in some way for other people, who then traded or paid for those goods and services. By the late Middle Ages, most of Europe was thriving under this arrangement.

The only ones losing wealth were the aristocracy, who depended on their titles to extract money from those who worked. And so they invented the chartered monopoly. By law, small businesses in most major industries were shut down and people had to work for officially sanctioned corporations instead. From then on, for most of us, working came to mean getting a “job.”

The Industrial Age was largely about making those jobs as menial and unskilled as possible. Technologies such as the assembly line were less important for making production faster than for making it cheaper, and laborers more replaceable. Now that we’re in the digital age, we’re using technology the same way: to increase efficiency, lay off more people, and increase corporate profits.

While this is certainly bad for workers and unions, I have to wonder just how truly bad is it for people. Isn’t this what all this technology was for in the first place? The question we have to begin to ask ourselves is not how do we employ all the people who are rendered obsolete by technology, but how can we organize a society around something other than employment? Might the spirit of enterprise we currently associate with “career” be shifted to something entirely more collaborative, purposeful, and even meaningful?

Instead, we are attempting to use the logic of a scarce marketplace to negotiate things that are actually in abundance. What we lack is not employment, but a way of fairly distributing the bounty we have generated through our technologies, and a way of creating meaning in a world that has already produced far too much stuff.

The communist answer to this question was just to distribute everything evenly. But that sapped motivation and never quite worked as advertised. The opposite, libertarian answer (and the way we seem to be going right now) would be to let those who can’t capitalize on the bounty simply suffer. Cut social services along with their jobs, and hope they fade into the distance.

But there might still be another possibility — something we couldn’t really imagine for ourselves until the digital era. As a pioneer of virtual reality, Jaron Lanier, recently pointed out, we no longer need to make stuff in order to make money. We can instead exchange information-based products.

We start by accepting that food and shelter are basic human rights. The work we do — the value we create — is for the rest of what we want: the stuff that makes life fun, meaningful, and purposeful.

This sort of work isn’t so much employment as it is creative activity. Unlike Industrial Age employment, digital production can be done from the home, independently, and even in a peer-to-peer fashion without going through big corporations. We can make games for each other, write books, solve problems, educate and inspire one another — all through bits instead of stuff. And we can pay one another using the same money we use to buy real stuff.

For the time being, as we contend with what appears to be a global economic slowdown by destroying food and demolishing homes, we might want to stop thinking about jobs as the main aspect of our lives that we want to save. They may be a means, but they are not the ends.

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Expert Performance and Deliberate Practice

By: K. Anders Ericsson (2000)

EXPERTISE refers to the mechanisms underlying the superior achievement of an expert, i.e. “one who has acquired special skill in or knowledge of a particular subjects through professional training and practical experience” (Webster’s dictionary, 1976, p. 800). The term expert is used to describe highly experienced professionals such as medical doctors, accountants, teachers and scientists,  but has been expanded to include any individual who attained their superior performance by instruction and extended practice: highly skilled performers in the arts, such as music, painting and writing, sports, such as swimming, running and golf and games, such as bridge and chess.

When experts exhibit their superior performance in public their behavior looks so effortless and natural that we are tempted to attribute it to special talents.  Although a certain amount of knowledge and training seems necessary, the role of acquired skill for the highest levels of achievement has traditionally been minimized.  However, when scientists began measuring the experts’ supposedly superior powers of speed, memory and intelligence with psychometric tests, no general superiority was found –the demonstrated superiority was domain specific.  For example, the superiority of the chess experts’ memory was constrained to regular chess positions and did not generalize to other types of materials (Djakow, Petrowski & Rudik, 1927).  Not even IQ could distinguish the best among chessplayers (Doll & Mayr, 1987) nor the most successful and creative among artists and scientists (Taylor, 1975). In a recent review, Ericsson and Lehmann (1996) found that (1) measures of general basic capacities do not predict success in a domain, (2) the superior performance of experts is often very domain specific and transfer outside their narrow area of expertise is surprisingly limited and (3) systematic differences between experts and less proficient individuals nearly always reflect attributes acquired by the experts during their lengthy training.

In a pioneering empirical study of the thought processes mediating the highest levels of performance, de Groot (1946/1978) instructed expert and world-class chessplayers to think aloud while they selected their next move for an unfamiliar chess position. The world-class players did not differ in the speed of their thoughts or the size of their basic memory capacity, and their ability to recognize promising potential moves was based on their extensive experience and knowledge of patterns in chess.  In their influential theory of expertise, Chase and Simon (1973; Simon & Chase, 1973) proposed that experts with extended experience acquire a larger number of more complex patterns and use these new patterns to store knowledge about which actions should be taken in similar situations.

According to this influential theory, expert performance is viewed as an extreme case of skill acquisition (Proctor & Dutta, 1995; Richman, Gobet, Staszewski & Simon, 1996; VanLehn, 1996) and as the final result of the gradual improvement of performance during extended experience in a domain. Furthermore, the postulated central role of acquired knowledge has encouraged efforts to extract experts’ knowledge so that computer scientists can build expert systems that would allow a computer to act as an expert (Hoffman, 1992).

Among investigators of expertise, it has generally been assumed that the performance of experts improved as a direct function of increases in their knowledge through training and extended experience.  However, recent studies show that there are, at least,  some domains where “experts” perform no better then less trained individuals (cf. outcomes of therapy by clinical psychologists, Dawes, 1994) and that sometimes experts’ decisions are no more accurate than beginners’ decisions and simple decision aids (Camerer & Johnson, 1991; Bolger & Wright, 1992). Most individuals who start as active professionals or as beginners in a domain change their behavior and increase their performance for a limited time until they reach an acceptable level. Beyond this point, however, further improvements appear to be unpredictable and the number of years of work and leisure experience in a domain is a poor predictor of attained performance (Ericsson & Lehmann, 1996). Hence, continued improvements (changes) in achievement are not automatic consequences of more experience and in those domains where performance consistently increases aspiring experts seek out particular kinds of experience, that is deliberate practice (Ericsson, Krampe & Tesch-Römer, 1993)–activities designed, typically by a teacher, for the sole purpose of effectively improving specific aspects of an individual’s performance. For example, the critical difference between expert musicians differing in the level of attained solo performance concerned the amounts of time they had spent in solitary practice during their music development, which totaled around 10,000 hours by age 20 for the best experts,  around 5,000 hours for the least accomplished expert musicians and only 2,000 hours for serious amateur pianists.  More generally, the accumulated amount of deliberate practice is closely related to the attained level of performance of many types of experts, such as musicians (Ericsson et al., 1993; Sloboda, et al., 1996), chessplayers (Charness, Krampe & Mayr, 1996) and athletes (Starkes et al., 1996).

The recent advances in our understanding of the complex representations, knowledge and skills that mediate the superior performance of experts derive primarily from studies where experts are instructed to think aloud while completing representative tasks in their domains, such as chess, music, physics, sports and medicine (Chi, Glaser & Farr, 1988; Ericsson & Smith, 1991; Starkes & Allard, 1993). For appropriate challenging problems experts don’t just automatically extract patterns and retrieve their response directly from memory. Instead they select the relevant information and encode it in special representations in working memory that allow planning, evaluation and reasoning about alternative courses of action (Ericsson & Lehmann, 1996). Hence, the difference between experts and less skilled subjects is not merely a matter of the amount and complexity of the accumulated knowledge; it also reflects qualitative differences in the organization of knowledge and its representation (Chi, Glaser & Rees, 1982).  Experts’ knowledge is encoded around key domain-related concepts and solution procedures that allow rapid and reliable retrieval whenever stored information is relevant. Less skilled subjects’ knowledge, in contrast, is encoded using everyday concepts that make the retrieval of even their limited relevant knowledge difficult and unreliable. Furthermore, experts have acquired domain-specific memory skills that allow them to rely on long-term memory (Long-Term Working Memory, Ericsson & Kintsch, 1995) to dramatically expand the amount of information that can be kept accessible during planning and during reasoning about alternative courses of action.  The superior quality of the experts’ mental representations allow them to adapt rapidly to changing circumstances and anticipate future events in advance.  The same acquired representations appear to be essential for experts’ ability to monitor and evaluate their own performance (Ericsson, 1996; Glaser, 1996) so they can keep improving their own performance by designing their own training and assimilating new knowledge.

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Trade Claims Primer

By Joshua Nashas, courtesy of Distressed Debt Investing:

Introduction
While bank lenders and bondholders generally represent the largest portion of debtor’s pre- petition claims, upon filing there is a large constituency of other creditors who also possess claims against the debtor at various levels of priority within the capital structure. Because the sale, assignment and transfer of ownership of these claims are not considered securities, securities trading laws do not apply. The lack of uniformity and active market for these claims makes the instruments less liquid and transparent, thereby providing an opportunity for outsize returns for those willing to perform the necessary due diligence and shoulder the liquidity risk.
 
Vendor claims generally trade at a 10-20% discount to other wise pari passu securities and therefore present a potential arbitrage opportunity for investors. The typical vendor does not wish, or may not be financially able, to wait months or possibly years to receive his money and is usually sufficiently motivated to sell his claim at a discount. A distressed investors may also purchase trade claims as a way to obtain strategic advantage in a restructuring. By gaining control of a larger share of a company’s General Unsecured Claims (“GUCs”), a sophisticated distressed investor can gain leverage to influence negotiations with the Debtor and other Creditors. By purchasing trade claims at a discount to the unsecured debt he already owns, the investor also lowers the effective cost basis of his investment (assuming trade and bonds will receive the same consideration in the reorganization). In addition, if the claims pool is large enough an investor can set up a capital structure arbitrage trade by going long a trade claim and short pari passu unsecured bonds of the same company.
 
In structuring such a trade, one must ensure that the bond and the claim are at the same entity and that the bond does not have any guarantees or claims on subsidiaries that might make it more valuable. For instance in the case of Nortel Networks, their North American bonds issued at Nortel Networks Inc (“NNI”) had guarantees from their Canadian parent which the trade claims of NNI did not. Thus, one had to segregate the value of the North American and Canadian operations to determine the value of an NNI claim. Fortunately in this case there were bonds issued at the Canadian parent Nortel Networks Corp (“NNC”) that did not have recourse to NNI, so one could subtract the value of an NNC bond from an NNI bond to find the implied value of an NNI claim. Many times this is not the case and one needs to try and apportion the value using information available in the company’s financial statements. If the company has subsidiaries that are not guarantors of its debt then it will segregate the financials of the guarantor and non-guarantor subs. Also, one may look to segment reporting of revenue and EBITDA and attempt estimate how much value may be attributable to the various entities. In a scenario where the investor faces a great deal of uncertainty over valuation and how it will be attributed amongst various entities, he must bid an appropriate discount to compensate for the risk.
 
Types of Claims
A “Claim” is a right to payment, whether that right is fixed, liquidated, potential or contingent (i.e., based on the outcome of litigation). Claims can fall into different categories: priority, secured, unsecured, contingent, liquidated, disputed or matured. The most common claim to arise out of a bankruptcy filing is a vendor claim or trade claim as they are more commonly known. These claims arise due to the fact that a company’s suppliers ship goods on credit ranging anywhere from 30-90 days. When a company files for bankruptcy it likely to be in arrears on its accounts payable, this increases the amount of debt on its balance sheet (AP), thereby increasing the tradeable instruments in the debtor’s obligations. While trade claims are the most common, there several other types of claims that arise from a bankruptcy filing which provide potential investment opportunities. These include:
  • Contract Rejection Damage Claims: Damages resulting from the termination of contracts under Section 365 of the Bankruptcy Code.
  • Deficiency Claims: Secured claims that are under collateralized result in a deficiency claim under Section 506 of the Bankruptcy Code for the portion of the claim where there is insufficient collateral securing the claim.
  • Pension/OPEB Claims: Collective Bargaining Agreements (“CBAs”), Defined Benefit Pension Plans and other employee benefits that are terminated pursuant to Sections 1113 and 1114 of the Bankruptcy Code give rise to unsecured claims.
  • Contingent Claims: Claims that may result from pending lawsuits, environmental damages or other contingent events. Some examples of cases where large contingent claims were involved include the asbestos cases such as Owens Corning, Grace and Armstrong and environmental claims include cases such as Asarco and Tronox.
  • Priority Claims: Generally include back taxes and unpaid employee wages and benefits, however, can also include lease deposits up to $2,452 and “Gap Claims” which arise when the Debtor is targeted in an Involuntary Bankruptcy Petition filed by one of its Creditors. All trade debts incurred in the period between the filing of the Involuntary Bankruptcy Petition and potential Entry of the Order for Relief by the Bankruptcy Court will be deemed to have a priority status.
  • 503(b)9 Claims: These are claims for goods shipped within 20 days of a company filing for bankruptcy. Unlike other trade claims, these claims are accorded administrative status and are paid in full as long as the estate is administratively solvent.
  • Reclamation Claims: Reclamation claims allow for the Creditor to reclaim the goods shipped to the Debtor. These claims arise under state law, §2-702(2) of the Uniform Commercial Code (“UCC”). Once the Debtor files for bankruptcy protection, §546(c) of the Bankruptcy Code preserves a creditor’s state law reclamation rights, those rights are enhanced by the code and create additional requirements and defenses. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) expanded the reclamation period from 10 days to 45 days prior to a bankruptcy and to 20 days post-petition from 10 days previously. There are a number of requirements that must be met for these claims as well as potential defenses against such claims.
Proof of Claim
In order for the Creditor’s claim to be paid he must file a Proof of Claim (“POC”) with the court. This is done by filling out Official Form 10 within 90 days from the Section 341 meeting of creditors and filing it with the Bankruptcy Court. The date past which a claim can no longer be filed is known as the Claims Bar Date, and claims past this date generally will not be paid, although it is possible to appeal. The POC will have a Docket Stamp on it denoting the date of its filing. The POC must be signed by the creditor, include the amount of the claim, whether there is a perfected security interest and have attached to the POC documentation evidencing the claim such as invoices, purchase orders or contracts.
 
Sourcing Trade Claims
Upon filing of its petition for bankruptcy, or within 14 days of filing, the Debtor is required to file its Schedule of Assets and Liabilties and its Statement of Financial Affairs (“SOFA”). The Schedules are the primary source used to locate claim holders. In practice the Debtor routinely is granted extensions to the filing of schedules and it can take some time before a potential investor has the requisite information in order to bid on a claim. Nevertheless, upon petition the Debtor must file a list containing the name, address and claim of the creditors that hold the 20 largest unsecured claims, excluding insiders. For a sophisticated trade claims investor it is possible to begin negotiations to purchase a claim utilizing this information, albeit without knowing whether the debtor is disputing the claim or if the amount of the claim at petition will be the same as what is listed on the Schedules.
The Schedules also contain the name, address, amount of claim and whether that claim is, Contingent, Liquidated/Unliquidated or Disputed. Contingent claims are claims that may arise contingent upon an event taking place in the future, such as an adverse judgment in an ongoing lawsuit or claims related to remediation for environmental damages that are not fully know. A Liquidated Claim is a claim where the dollar amount is known. An Unliquidated Claim is one where the debtor has liability, but the exact monetary measure of that liability is unknown. A tort case where the Debtor has been found guilty, but where the amount of the liability has yet to be established would fall into this category. Disputed claims are claims where the Debtor is disputing the validity of the claim and intends to file an objection to the claim. This generally occurs later in the case in the form of an Omnibus Objection made by the debtor. Below is an example of a Debtor’s Schedule of Assets and Liabilities filed by Tronox Inc.
 
Purchasing a Trade Claim
In examining the schedules it best to bid on an Allowed Claim. Under Section 502(a), a claim for which a proof of claim has been filed is deemed “Allowed” unless a party of interest (e.g. Bankruptcy Trustee, or the Debtor) objects to the claim, in which case the Bankruptcy Court will conduct a hearing to determine whether, or to what extent, the claim should be allowed. There are instances where the Debtor marks every claim on the schedule as disputed or contingent. This increases the risk and will required extra due diligence as well as the willingness to litigate if need be.
 
Once a claim holder willing to sell has been located, the negotiation process for purchasing the claim begins. This process can take anywhere from a few days to several weeks depending on the complexity of the issues involved. Since the seller is not a capital markets participant, he may change his mind several times throughout the negotiation process and also increase his offer based on competing bids. Moreover, factors may come into play in the due diligence phase that require a re-pricing or cancellation of the trade altogether. If an investor is bidding on a disputed claim he will need to factor the risk that the claim might ultimately be disallowed into his bid price. In addition, he may want to reduce price of his bid to allow him to negotiate with the debtor for a reduction in claim size in exchange for a stipulation that the debtor will treat the claim as an Allowed Claim.
 
Due Diligence
Once an initial bid is agreed upon, the parties enter into a trade confirmation, subject to final due diligence. This phase again can take a few days to a few weeks depending on the issues involved. At this stage in the process the buyer will begin examining the documentation supporting the claim. This includes reviewing invoices, purchase orders, or other contracts in order to determine the validity of the claim. It is also necessary to reconcile the amounts on the invoices with what is filed on the POC and the Schedules. If the invoice is for less than what is listed on the POC or what is listed on the POC is less than on the schedules, the purchaser must reconcile these discrepancies before funding, or have the buyer agree to indemnification provisions should the claim be allowed at a lower amount. The purchaser must also confirm that the entity at which the claim he is purchasing is filed corresponds to the entity listed on the supporting invoices as well as have been filed prior to the Claims Bar Date.
 
The claims purchase will be executed via a custom tailored contract known as a Purchase Sale Agreement (“PSA”). The PSA will contain provisions governing the transfer of the claim, Representations and Warranties and Indemnification provisions. The PSA will required the seller to provide Reps and Warranties on the ownership, validity and lack of any encumbrances on the claim. In addition, the PSA will contain Indemnification provisions, should the claim be impaired or disallowed . This means that if for some reason the purchaser of the claim needs to seek recourse because the seller misrepresented his claim or it was disallowed as a result of actions taken by the seller, , the purchaser must be able to rely on the counter party to indemnify him for his losses. If the counter party is financially unstable, not a well established enterprise, or is itself at risk of bankruptcy, then there is risk that he will not be able to perform his duties under the PSA. When the counter party is a publicly traded company, has, publicly issued debt or has a credit rating, it is fairly easy to do counter party due diligence. However, if the counter party is a small, private business, then counter party risk assessment becomes more difficult. One source of information is Dun & Bradstreet which compiles credit and other financial information on private businesses. In addition, the purchaser can and should ask for financial statements, bank statements, summary of tax returns and other information as needed to gain comfort with the counter party’s credit worthiness. Should legal disputes arise the between the buyer and seller, the PSA should contain provisions for settling the disputes. It is common for the PSA to require disputes to be litigated under New York or Delaware law, courts which routinely handle complex commercial litigation. This also avoids being in the home town court of the seller of the claim. If the claim being purchased is from a foreign supplier whose country is a signatory to the NY Convention of the International Chamber of Commerce (“ICC”) arbitration, then the PSA should include provisions for disputes to be settled via arbitration as courts of signatory countries are required to enforce arbitration judgments conducted in accordance with ICC rules.
 
Legal Issues Affecting Trade Claims
There are several legal issues that can impact the value of a claim or cause the claim to be disallowed. The following is a brief summary of some of the major issues that need to be diligenced from a legal perspective before purchasing a claim.
 
Equitable Subordination. If the seller of the claim aided and abetted fraud, insider trading or breach of fiduciary duty his claim may be equitably subordinated causing the priority of the claim to be moved to the end of the priority chain. This has the effect of the claim being treated as equity, not debt. This risk is heightened when a claim is purchased from an insider and one must have strong reps and warranties from an insider that he has not aided and or abetted any malfeasance. The purchaser must also have indemnification provisions covering such breaches. It can be several months post closing of a trade that these issues are discovered and even longer until they are adjudicated. In order to minimize this risk seek to avoid purchasing claims of company, insiders or those where the relationship could be potentially deemed as “insider”.
 
Avoidance Actions. When a company files for bankruptcy all payments made in the 90 days prior to bankruptcy (1 year for payments to insiders) are investigated as potential Preference Payments. A Preference Payment is the payment of a debt to one creditor rather than dividing the assets equally among all those to whom he/she/it owes money, often by making a payment to a favored creditor just before filing a petition to be declared bankrupt. The Bankruptcy Trustee has the power to Avoid (unwind) any payments that are deemed to be a Preference This is known as an Avoidance Action and the money is reclaimed by the bankruptcy estate . There are several criteria that are used to evaluate whether a payment was a Preference:
  1. The transfer was “to or for the benefit of a creditor.”
  2. The transfer was made for or on account of an “antecedent debt”—that is, a debt owed prior to the time of the transfer.
  3. The debtor was insolvent at the time of the transfer. (Fraudulent Conveyance which has 2-year look-back pursuant to 11 U.S.C. § 548)
  4. The transfer was made within 90 days before the date of the filing of the bankruptcy petition or was made between 90 days and one year before the date of the filing of the petition to an insider who had reasonable cause to believe that the debtor was insolvent at the time of the transfer.
  5. The transfer has the effect of increasing the amount that the transferee would receive in a liquidation proceeding under chapter 7 of the bankruptcy law (11 U.S.C.A. § 701 et seq.). 11 U.S.C.A. § 547
However, Section 547(c) of the Bankruptcy Code contains exceptions for payments made in the ordinary course of business. The prior course of dealings between the parties, including the amount and timing of payments, and circumstances surrounding the payments, should be analyzed. Additionally, inquiries may be made into the collection activities or practices between the parties, whether the payments were designed to give the transferee an advantage over other creditors in bankruptcy, or whether there was any change in the status of the transferee such as the ability to obtain security in the event of nonpayment. If there has been any unusual pressure or collection activity by the creditor resulting in the payment, the payment would not be ordinary course of business. The transfer at issue is not required to be the type that occurs in every transaction between the parties. It is necessary only that the type of payment be somewhat consistent with prior dealings and transactions
 
Closing the Trade
Once the due diligence and legal review is complete, the PSA is finalized and the trade is executed via Delivery vs Payment (“DVP”) format. ). DVP occurs when, to complete a trade, there is a simultaneous exchange of securities, in this case they are not securities but the format is the same, for cash that ensures that delivery occurs if, and only if, payment occurs. To be true DVP, there must be an element of finality in the process, whereby neither side of the trade can unwind the transaction after settlement. The funds are then wired within one day of execution. Closing can occur anywhere from 10-30 days post initial confirmation of the trade. The standard practice is that once the trade has closed, the Transferee files a Notice of Transfer and Evidence of Transfer (supporting documentation to evidence the transfer of claim) with the Bankruptcy Court pursuant to Bankruptcy Rule 3001(e). Rule 3001(e) reads as follows:
  • Transferees trading on the “scheduled amount” prior to the filing of a POC must file a POC with court, although “evidence of transfer” is not required it recommend. Rule 3001(e) 1
  • Assignment of a claim after a POC has been filed requires both a Notice of Transfer and an Evidence of Transfer to be filed with court. 3001(e)2
The clerk of the court or claims agent has the duty to notify the Transferor. The Transferor has 20 days to object to the transfer. Within 15-30 days post closing buyer follows up with claims agent to ensure claims register properly reflects the new owner of the claims.
 
Conclusion
Investing in trade claims provides a unique opportunity set for distressed investors who already understand the bankruptcy process, are familiar with analyzing complicated capital structures and understand inter-creditor issues. While trade claims are an illiquid market, they are also highly uncorrelated to the stock and equity markets making them attractive to distressed and special situation funds. Furthermore, it is possible in many cases to bid on claims at a discount to an established plan recovery for the reasons: stated earlier: that many trade creditors do not wish, or are unable, to wait for the exit from bankruptcy for payment. With that said the market has grown more competitive and sophisticated in the last several years, so do you due diligence and invest wisely.
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