General Motors should have gone the way of General Growth
Properties, whose malls won't have to go on summer furlough.
On the surface, given the economic turmoil we've had, there was
nothing that remarkable about the bankruptcy of shopping mall
owner General Growth Properties (GGP). About two weeks ago, GGP
filed for Chapter 11 bankruptcy, an action that some had been
expecting for months due to its debt of almost $25
billion.
GGP was the second largest mall owner in the country -- with
properties including Chicago's Water Tower Place and the D.C.
area-Tyson's Galleria -- and filed for what has been described
the biggest U.S. real estate bankruptcy ever. Yet the bankruptcy
barely made a ripple in the stock market, which ended up for the
day on April 16th, when GGP announced its Chapter 11 filing.
Visiting Chicago this weekend, I watched shoppers go in and out
of Water Tower Place as if nothing had changed. And this was the
story with many of GGP's malls throughout the country, according
to
various
local
press
reports.
Yet, in another way, the fact that this bankruptcy has so far
gone off so smoothly is itself remarkable. Given the stretched
definition of "systemic risk" and firms "too big to fail," GGP
would seem to meet that definition, at least as much as General
Motors and Chrysler do. After all, thousands of stores and
restaurants are anchored at malls, and if their landlord has cash
flow troubles, these businesses and their employees could
certainly suffer. For months, there had been talk
that commercial real estate was next on the list to be bailed
out.
But perhaps sensing the "bailout fatigue" of American taxpayers
and the strings attached to money received from TARP, GGP's
owners and creditors decided to take the road less traveled. Or
rather, the road most often traveled by failing firms until the
federal government opened its spigots last year. They filed for
an old-fashioned Chapter 11 bankruptcy. And except for bankruptcy
court costs -- minimal in comparison to the billion-dollar
bailouts -- there is no taxpayer money involved.
Because of various raps against bankruptcy rather than bailouts,
it's worth studying the mechanics of the GGP bankruptcy, to show
how they disprove them. One argument that has been made against a
car company bankruptcy is that in these times of tightened
credit, it would be impossible to get debtor-in-possession, or
DIP, financing. DIP is necessary to finance a company's operating
costs while the court is reorganizing the company under the
Chapter 11 proceedings. Yet GGP shows that large amounts of DIP
financing are available -- for a price.
According to the
New York Times, "General Growth will pay 12 percent over
the London interbank offered rate, a commonly cited reference
rate for bank lending." The DIP loan is coming from Pershing
Square Capital Management, the hedge fund run by William Ackman.
And the cost of this financing -- though steep -- is one that GGP
shareholders and creditors see as well worth the price, given
that it could facilitate a successful reorganization of the
company that would be in everyone's interest.
Ackman has been most often been noted for betting against
companies in the real estate boom -- and being spectacularly
right. As I wrote recently in Reason,
Ackman "provided some of the earliest warnings about flaws in
mortgage lending, securitization models, and the credit ratings
process." One of the ways Ackman would make his bets was by both
shorting the stocks of financial firms and buying the
much-derided credit default swaps that pay off in the event of
firms' default. Those swaps paid off handsomely when firms went
belly up.
Ackman also bought swaps against GGP, and there has been
criticism implying that some creditors pushed the company into
bankruptcy so that the swaps would pay up. Not mentioning Ackman
by name, columnist Daniel Gross writes in Slate about the
supposed "scary rise of the empty creditor," arguing that "if a
lender or creditor believes it can profit more from a complete
failure -- i.e., if it has an insurance policy that pays off only
in the event of utter devastation -- that creditor might be more
inclined to push a company toward bankruptcy." Echoing an earlier
assertion by the Financial Times that "CDS holdings were
… a factor in the default and filing for Chapter 11 protection"
of GGP, Gross claims that "the logic of empty creditors may
similarly have been a reason why [GGP] ended up filing for
Chapter 11."
But there are a couple problems with these complaints, in
particular if they are directed at Ackman. One is that, according
to the SEC filings
as reported by the investor website SeekingAlpha.com, the GGP
swaps Ackman holds don't appear to be actual credit default
swaps. Instead, they are based on "share price performance" of
the company's common stock. So an actual bankruptcy wouldn't have
made as much of a difference as a low share price.
Second, if Ackman wanted to profit solely from General Growth's
poor performance, he could have simply walked away when the
company filed for bankruptcy or the stock tanked. Instead, he is
now betting that the company will have a successful
reorganization by lending it money to facilitate an orderly
bankruptcy. The loan may have lucrative terms, but Ackman is
still taking a risk that the company will fail. He simply hedged
his risks with some swaps.
The most important point is that Ackman, with 25 percent of the
company's stock, as well as any other potential holders of GGP
swaps, would not have been able to convince the major
shareholders and creditors to go along with the bankruptcy unless
it offered something beneficial for all parties.
What does bankruptcy offer GGP? What bankruptcy offers all
filers: a chance to say "time out" to the creditors while the
company is being reorganized. When asked if there was a danger
that GGP would have to sell its properties at fire sale prices to
rival firms, Ackman told Bloomberg
News, "The probability of … the other mall REITs buying any
of General Growth Properties on the cheap is zero. They're not
going to be forced to do anything because they're in bankruptcy."
Isn't it ironic? GM takes billions in bailout money as a
preferred alternative to a "disorderly" bankruptcy. Yet it now
may end up
closing its plants for several weeks. Yet not one mall has
closed so far after GGP has taken the plunge into bankruptcy.
This is in significant part because the bailout money for the car
companies has actually been an impediment to effective
restructuring.
As I have
stated previously on the auto bailouts, "The prospect of an
ever-increasing supply of tax dollars is leading parties with
auto industry contracts -- unions, bondholders, dealers and
others -- to play a game of chicken. No one wants to renegotiate
a contract when they think the government will come in with more
money to cover the losses." Though now with the Obama
administration
squeezing GM's bondholders in favor of the unions, many
bondholders are probably wishing they had forsaken the TARP
money, as Ford did, and taken their chances in bankruptcy court.
So kudos to Ackman and the other GGP parties for finding an
innovative solution for bankruptcy and for commencing a
restructuring without bailout money from taxpayers. And maybe if
the option of bailout money is completely cut off, as it should
have been in the first place, a private sector innovator like
Ackman will emerge to lead an orderly reorganization of the auto
industry.
(Seth Bailey, a CEI
research associate, contributed to this article.)
…in the first place, a private sector innovator like Ackman will emerge to lead an orderly reorganization of the auto industry. (Seth Bailey, a CEI research associate, contributed to this article.) Read More Share and Enjoy: Related posts: The financial crisis diagrammed Having trouble understanding exactly how all those banks and brokerages... Theme for the Day — Bootstrapping Yesterday ended up…
…government under a massive restructuring plan laid out Monday that will cut 21,000 U.S. factory jobs by next year and phase out the storied Pontiac brand. The plan, which GM vs. GGP: Bankruptcy the Way It Ought to Be - Spectator.org On the surface, given the economic turmoil we’ve had, there was nothing that remarkable about the bankruptcy of shopping mall owner General Growth Properties (GGP).…
Robert Rosencrans| 4.28.09 @ 10:57AM
A beautiful example of why Washington is always in a turmoil, as
opposed to an orderly procession.
JP| 4.28.09 @ 11:14AM
The biggest thing GGP had going against it was that it employed
no union members. The bail-outs of the auto industry really are a
bail-out of the UAW members. Chrysler will declare bankruptcy,
but it has agreed to take pensions and retiree health care plans
off the table. So bondholders and creditors will get maybe 20
cents on the dollar, but the UAW will continue on as before.
Paul from SA| 4.28.09 @ 11:25AM
I understand GM's Union workers at those plants that are being
shutdown for the summer will continue to receive full pay and
benefits.
What is GM spending our money on?
Where will they get the money to repay the loans?
I've said it before and will say it again -- and I hear the same
sentiments throughout the internet on this same subject -- I will
NEVER buy a union-made car. They're not getting any money from me
to pay back the gov't loans.
Yes, management is ultimately to blame for agreeing to union
contracts... but the unions are the problem. The unions are
destructive, self-serving and anti-Republican. (And they do bad
work.)
Cheap - AIG unit International Lease Finance gets bids at less than $5 Bln - RTT News Auto Insurance Cheap - GM vs. GGP: Bankruptcy the Way It Ought to Be - Spectator.org GM vs. GGP: Bankruptcy the Way It Ought to Be - Spectator.org On the surface, given the economic turmoil we’ve had, there was nothing that remarkable about the bankruptcy of shopping mall owner General Growth Properties (GGP).…
…in the country -- with properties including Chicago's Water Tower Place and the D.C. area-Tyson's Galleria -- and filed for what has been described the biggest U.S. real estate bankruptcy ever. [...] The Commercial Real Estate Sales Market: Basically Non-Existent Not all of the conference was televised but I was able to see the segment on commercial real estate with David Simon, CEO of Simon…
Pat| 4.28.09 @ 4:13PM
Interesting contrast but "apples vs. oranges" in terms of
business analysis. Saving GM and Chrysler is purely a political
issue now and has been since before the elections last fall. GM
played out a little bedroom comedy with Chrysler during October,
pretending to serious merger talks. Had they merged, the ensuing
job cuts and restructuring would have been harsh. Both Obama and
McCain fell for the scam and quickly promised to help the auto
industry if elected -after the election, the merger talks died a
sudden death.
It's politely called saving the American automotive industry and
it is true that while GM and Chrysler have operations clustered
mainly in the midwest, they also have plants and suppliers
scattered throughout North America employing thousands of
workers.
But an additional political theme underlying this effort is
saving the legacy of the Democaratic Party. Detroit, and to some
extent Michigan, is currently a poster child for a dysfunctional
city and region. However, the boasts for the past several decades
claimed this region as a shining example of Democratic social
policy. Except things didn't work out that way and the various
progressive social policies have turned an American region into a
third world country.
Even before the 1967 race riots, the city of Detroit was a
Democratic fiefdom what with the unions and the Catholic social
welfare voters. Since 1967, Detroit has been an experiment in
black empowerment, an experiment that has failed miserably. The
Detroit Free Press recently ran an Op-Ed by a local black
minister, Rev. Holley, lamenting the failure of black
self-government - and the good Reverend could and did make
accusatory claims no white critic would have dared voice.
Detroit is America's poorest major city, with a booming crime
rate and leads the nation in murders. Population has steadily
declined, currently almost a third of the city's geographic area
is completel deserted, block after block of empty, run-down
houses and decaying, abandoned factories. Detroit's schools
graduate only about a third of high school students and the state
of Michigan is threatening to take complete day to day control of
the City's school system.
The state govt. has also been a captive of Democrats and
resembles California in all the important social improvement
schemes and high taxes. Kids in Michigan are getting their
diplomas from the excellent, taxpayer supported state colleges
and then bailing to other states so Michigan is losing
population, including the next generation of educated achievers,
as well as it's related political clout at the national level.
The Democrats have no desire to see S E Michigan and Detroit
deteriorate further and in front of a national and international
audience to boot. But given the region's dependence on one and
only one industry, it's either save the automakers or admit
defeat for a quasi-socialist form of govt. GM's bankruptcy will
be closely monitored, guided and watched over by Obama's
automotive flunkies, the chickens won't come home to roost if
Washington can do anything to prevent it.
Mary| 4.28.09 @ 4:41PM
The Detroit Free Press recently ran an Op-Ed by a local black
minister, Rev. Holley, lamenting the failure of black
self-government - and the good Reverend could and did make
accusatory claims no white critic would have dared voice.
Same in my area. Local radio talk show host said point blank: "we
could take all of white folks money and in 50 years they'd have
it all back."
Auto « Cheap Insurance Auto - Chevy's cheap Cobalt delivers - Dallas Voice Cheap Insurance Auto - GM vs. GGP: Bankruptcy the Way It Ought to Be - Spectator.org GM vs. GGP: Bankruptcy the Way It Ought to Be - Spectator.org On the surface, given the economic turmoil we’ve had, there was nothing that remarkable about the bankruptcy of shopping mall owner General Growth Properties (GGP).…
Mike| 4.29.09 @ 4:05PM
There is a big difference between the two bankruptcies, most of
the employees at GM & Chrysler work for Chrysler and the
plants have to be shut down with no workers employed.
GGP owns the malls but the tenants, who are the ones conducting
almost all of the "business activity", are not employed by GGP.
GGP employs only senior property managers with the remaining
support staff being 3rd party contractors from various companies.
The core activity is retail stores that can operate whomever the
owner of the mall is.
GGP can be in bankruptcy but the malls can still function
properly. The overhead, oversight, and role of GGP is
fundamentally different from Chrysler & GM. You could argue
that the autoworkers are in essence 3rd party contractors from
the union but in terms of how the auto plants function thats more
a technicality than a reality.
Also the restructuring of GGP is far easier than the
restructuring of the auto groups. GGP
s "operations" are functioning properly and are profitable. The
problem is there is no commercial real estate financing
market...its not the company's operational strategy it was the
financing strategy that brought down GGP.
The auto groups had a flawed and non-competitive operational
strategy as the primary problem, not their financing strategy.
Too much of an apples to oranges comparison.
Saleem | 4.30.09 @ 6:31PM
On a macro-level, as an owner and operator of retail store owned
by GGP, GGP management is 100% responsible for downfall of the
malls. For the past three years the mall management has done
nothing to attract shoppers to the mall.
During the holiday season the mall is not decorated and what
amazed everyone was the they had rock n' roll music rather than
seasonal music. There are broken tiles all over the food court.
Now you will ask did you bring all this to the mall management
notice; yes we did both nothing happened.
Presently, my store along with majority of the stores are down
31% in sales as compared to 2008 and 40% as compared to 2007.
A lot of tenants are behind on rent and several stores have
closed including Limited, Lenin n Things, Gap, Ann Taylor, etc.
The only thing GGP is doing is sending legal notices plus adding
tot he fact that the mall's door are opened and things are
normal.
Several of the tenants have asked for temporary relief in rent
but zero relief.
The bottom line is that; the economy has not hit the bottom yet
and it will not bounce until two more years.
The concept of mall is a dying concept. GGP should help those who
have paid rent for years so that their BoD can enjoy life.
GGP needs to step to plate and play it fair with its tenants,
this is moral high ground they should take.
…by an aggregation of initials. Ergo, if the formation does not create a word, it cannot be an acronym. — Bruce Karlson Navarre, Florida FINANCE-SPEAK Re: John Berlau’s GM vs. GGP: Bankruptcy the Way It Ought to Be: I enjoyed the article. Just one correction: The GGP swaps owned by Pershing Square are total return equity swaps that pay us the performance of the common stock. They are the…
…in the country -- with properties including Chicago's Water Tower Place and the D.C. area-Tyson's Galleria -- and filed for what has been described the biggest U.S. real estate bankruptcy ever. [...] Bottom alert? February house prices slow their fall The rule of thumb on real estate bottoms is that if you insist on waiting for the right signal, you'll probably miss it. Particularly when, as is…
…in the country -- with properties including Chicago's Water Tower Place and the D.C. area-Tyson's Galleria -- and filed for what has been described the biggest U.S. real estate bankruptcy ever. [...] The Commercial Real Estate Sales Market: Basically Non-Existent Not all of the conference was televised but I was able to see the segment on commercial real estate with David Simon, CEO of Simon…
…in the country -- with properties including Chicago's Water Tower Place and the D.C. area-Tyson's Galleria -- and filed for what has been described the biggest U.S. real estate bankruptcy ever. [...] The Commercial Real Estate Sales Market: Basically Non-Existent Not all of the conference was televised but I was able to see the segment on commercial real estate with David Simon, CEO of Simon…
…in the country -- with properties including Chicago's Water Tower Place and the D.C. area-Tyson's Galleria -- and filed for what has been described the biggest U.S. real estate bankruptcy ever. [...] The Commercial Real Estate Sales Market: Basically Non-Existent Not all of the conference was televised but I was able to see the segment on commercial real estate with David Simon, CEO of Simon…
…in the country -- with properties including Chicago's Water Tower Place and the D.C. area-Tyson's Galleria -- and filed for what has been described the biggest U.S. real estate bankruptcy ever. [...] Lawmakers delay vote on Obama housing pick The suits allege Long & Foster agents steered homebuyers to affiliated mortgage and title companies, which then shared the profits with the real estate [...…
…in the country -- with properties including Chicago's Water Tower Place and the D.C. area-Tyson's Galleria -- and filed for what has been described the biggest U.S. real estate bankruptcy ever. [...] City's Finance Chief Resigns Amid Ethics Inquiry - City Room Blog ... Ms. Stark, the finance commissioner since February 2002, has attracted scrutiny recently for employing a parking judge who…
Trackback| 5.30.09 @ 9:00AM
fix bad credit, on fix bad credit, links to this page. Here’s an excerpt:
“In my opinion one of the biggest problems with our credit crunch
and high foreclosure rate is bank reliance on FICO scores. FICO
scores do a good job of reporting an individuals past history of
repayment of debt. The biggest problem is the scores do not
forecast in my opinion the current position of the borrower. To
read from Fair Isaac what goes into your FICO score click here.
FICO scores miss two important things when considering giving
someone a loan, assets and income. Most people credit…
Pingback| 4.28.09 @ 7:30AM
GM vs. GGP: Bankruptcy the Way It Ought to Be links to this page. Here’s an excerpt:
Pingback| 4.28.09 @ 10:27AM
Capital One Auto Loans - GM offers final survival plan - El economista « Capitals Loa links to this page. Here’s an excerpt:
Robert Rosencrans| 4.28.09 @ 10:57AM
A beautiful example of why Washington is always in a turmoil, as opposed to an orderly procession.
JP| 4.28.09 @ 11:14AM
The biggest thing GGP had going against it was that it employed no union members. The bail-outs of the auto industry really are a bail-out of the UAW members. Chrysler will declare bankruptcy, but it has agreed to take pensions and retiree health care plans off the table. So bondholders and creditors will get maybe 20 cents on the dollar, but the UAW will continue on as before.
Paul from SA| 4.28.09 @ 11:25AM
I understand GM's Union workers at those plants that are being shutdown for the summer will continue to receive full pay and benefits.
What is GM spending our money on?
Where will they get the money to repay the loans?
I've said it before and will say it again -- and I hear the same sentiments throughout the internet on this same subject -- I will NEVER buy a union-made car. They're not getting any money from me to pay back the gov't loans.
Yes, management is ultimately to blame for agreeing to union contracts... but the unions are the problem. The unions are destructive, self-serving and anti-Republican. (And they do bad work.)
Pingback| 4.28.09 @ 12:08PM
Auto Insurance Cheap - GM vs. GGP: Bankruptcy the Way It Ought to Be - Spectator.org links to this page. Here’s an excerpt:
Pingback| 4.28.09 @ 3:51PM
Estate Real Banks Commercial | World News links to this page. Here’s an excerpt:
Pat| 4.28.09 @ 4:13PM
Interesting contrast but "apples vs. oranges" in terms of business analysis. Saving GM and Chrysler is purely a political issue now and has been since before the elections last fall. GM played out a little bedroom comedy with Chrysler during October, pretending to serious merger talks. Had they merged, the ensuing job cuts and restructuring would have been harsh. Both Obama and McCain fell for the scam and quickly promised to help the auto industry if elected -after the election, the merger talks died a sudden death.
It's politely called saving the American automotive industry and it is true that while GM and Chrysler have operations clustered mainly in the midwest, they also have plants and suppliers scattered throughout North America employing thousands of workers.
But an additional political theme underlying this effort is saving the legacy of the Democaratic Party. Detroit, and to some extent Michigan, is currently a poster child for a dysfunctional city and region. However, the boasts for the past several decades claimed this region as a shining example of Democratic social policy. Except things didn't work out that way and the various progressive social policies have turned an American region into a third world country.
Even before the 1967 race riots, the city of Detroit was a Democratic fiefdom what with the unions and the Catholic social welfare voters. Since 1967, Detroit has been an experiment in black empowerment, an experiment that has failed miserably. The Detroit Free Press recently ran an Op-Ed by a local black minister, Rev. Holley, lamenting the failure of black self-government - and the good Reverend could and did make accusatory claims no white critic would have dared voice.
Detroit is America's poorest major city, with a booming crime rate and leads the nation in murders. Population has steadily declined, currently almost a third of the city's geographic area is completel deserted, block after block of empty, run-down houses and decaying, abandoned factories. Detroit's schools graduate only about a third of high school students and the state of Michigan is threatening to take complete day to day control of the City's school system.
The state govt. has also been a captive of Democrats and resembles California in all the important social improvement schemes and high taxes. Kids in Michigan are getting their diplomas from the excellent, taxpayer supported state colleges and then bailing to other states so Michigan is losing population, including the next generation of educated achievers, as well as it's related political clout at the national level.
The Democrats have no desire to see S E Michigan and Detroit deteriorate further and in front of a national and international audience to boot. But given the region's dependence on one and only one industry, it's either save the automakers or admit defeat for a quasi-socialist form of govt. GM's bankruptcy will be closely monitored, guided and watched over by Obama's automotive flunkies, the chickens won't come home to roost if Washington can do anything to prevent it.
Mary| 4.28.09 @ 4:41PM
The Detroit Free Press recently ran an Op-Ed by a local black minister, Rev. Holley, lamenting the failure of black self-government - and the good Reverend could and did make accusatory claims no white critic would have dared voice.
Same in my area. Local radio talk show host said point blank: "we could take all of white folks money and in 50 years they'd have it all back."
Pingback| 4.28.09 @ 8:19PM
Cheap Insurance Auto - GM vs. GGP: Bankruptcy the Way It Ought to Be - Spectator.org links to this page. Here’s an excerpt:
Mike| 4.29.09 @ 4:05PM
There is a big difference between the two bankruptcies, most of the employees at GM & Chrysler work for Chrysler and the plants have to be shut down with no workers employed.
GGP owns the malls but the tenants, who are the ones conducting almost all of the "business activity", are not employed by GGP. GGP employs only senior property managers with the remaining support staff being 3rd party contractors from various companies. The core activity is retail stores that can operate whomever the owner of the mall is.
GGP can be in bankruptcy but the malls can still function properly. The overhead, oversight, and role of GGP is fundamentally different from Chrysler & GM. You could argue that the autoworkers are in essence 3rd party contractors from the union but in terms of how the auto plants function thats more a technicality than a reality.
Also the restructuring of GGP is far easier than the restructuring of the auto groups. GGP
s "operations" are functioning properly and are profitable. The problem is there is no commercial real estate financing market...its not the company's operational strategy it was the financing strategy that brought down GGP.
The auto groups had a flawed and non-competitive operational strategy as the primary problem, not their financing strategy.
Too much of an apples to oranges comparison.
Saleem | 4.30.09 @ 6:31PM
On a macro-level, as an owner and operator of retail store owned by GGP, GGP management is 100% responsible for downfall of the malls. For the past three years the mall management has done nothing to attract shoppers to the mall.
During the holiday season the mall is not decorated and what amazed everyone was the they had rock n' roll music rather than seasonal music. There are broken tiles all over the food court.
Now you will ask did you bring all this to the mall management notice; yes we did both nothing happened.
Presently, my store along with majority of the stores are down 31% in sales as compared to 2008 and 40% as compared to 2007.
A lot of tenants are behind on rent and several stores have closed including Limited, Lenin n Things, Gap, Ann Taylor, etc. The only thing GGP is doing is sending legal notices plus adding tot he fact that the mall's door are opened and things are normal.
Several of the tenants have asked for temporary relief in rent but zero relief.
The bottom line is that; the economy has not hit the bottom yet and it will not bounce until two more years.
The concept of mall is a dying concept. GGP should help those who have paid rent for years so that their BoD can enjoy life.
GGP needs to step to plate and play it fair with its tenants, this is moral high ground they should take.
Pingback| 5.3.09 @ 7:30AM
Fascisti! links to this page. Here’s an excerpt:
Pingback| 5.6.09 @ 12:18AM
Estate Real Investment Prices | World News links to this page. Here’s an excerpt:
Pingback| 5.6.09 @ 2:35AM
Estate Real Banks Commercial | World News links to this page. Here’s an excerpt:
Pingback| 5.6.09 @ 3:37AM
Estate Real Banks Commercial | World News links to this page. Here’s an excerpt:
Pingback| 5.6.09 @ 5:38AM
Real Estate Commercial Street | World News links to this page. Here’s an excerpt:
Pingback| 5.6.09 @ 7:40AM
Real Estate Housing Street | World News links to this page. Here’s an excerpt:
Pingback| 5.6.09 @ 11:38AM
Estate Real Mortgage Bankruptcy | World News links to this page. Here’s an excerpt:
Trackback| 5.30.09 @ 9:00AM
fix bad credit, on fix bad credit, links to this page. Here’s an excerpt:
Lingerie| 9.12.09 @ 11:01PM
sexy lingerie wholesale lingerie