In 2001, GTIC a major Chinese financial firm went bankrupt. Here are
the ten lessons from this case from the Asian Wall Street Journal. I am only quoting the relevant ones here and apply them to Fannie and Freddie debt held by the Chinese.
No company is too big to fail.
Gitic's bankruptcy refuted the moral hazard fallacy that any Chinese companies would be too big to fail. Even if a company is owned directly by a provincial government, it remains a stand-alone limited liability entity whose debts will not enjoy the full faith and credit of the Chinese government. A loan to such company must be based strictly upon its balance sheet and financial condition, and not upon any implied connection to, or shareholder relationship with, the government. Full faith and credit will be enjoyed only by government bonds and corporate debts that are explicitly guaranteed by the Chinese government.
Since Freddie Mae and Freddy Mac did not have EXPLICIT federal government guarantees, only implicit, we could have simply let the Chinese take a big haircut and pointed them to CITIC bankruptcy 2001 for our reasoning.
Foreign creditors do not have preference.
Previously, when the People's Bank of China closed down insolvent financial institutions, such as China Venturetech Investment Corp., foreign creditors were assured that they would be repaid in full. The PBOC had initially closed down Gitic under similar procedures and with a press announcement that foreign creditors would have priority. But after realizing the full extent of Gitic's debts, the Chinese government decided to apply the PRC Bankruptcy Law, probably as a test case. Under the Bankruptcy Law, all unsecured creditors are treated equally, regardless of whether they are foreign or domestic.
Again, we could have made them take a hair cut along with domestic bond-holders, and pointed to this case. Not saying it would be a great idea, as I have no idea what would have happened after the news was dropped, but its fun to fantasize about making the PRC take a huge loss on their sterilization program. You pays your money and takes your chances when you don't let your currency appreciate and instead ship us products in return for pieces of paper.
Treat Chinese legal opinions with caution.
Gitic's bankruptcy was perhaps most unjust for foreign lenders which had made loans to Gitic's Hong Kong subsidiaries that were guaranteed by Gitic's unincorporated branch in Hong Kong. The lenders had prudently obtained legal opinions from well-known Chinese law firms in Beijing and Guangzhou opining that guarantees made in Hong Kong need not be registered with or approved by SAFE. One of these law firms has since seemingly vanished, leaving no forwarding address or phone number. The lawyer who had signed one of the other opinions has since left his law firm, and when finally reached by phone, has disavowed responsibility for the opinion. Meanwhile, the innocent foreign lenders are left holding legal opinions that are not worth the paper on which they were written.
After we told them about the hair-cut, we close down the offices, turn off the lights, and unplug the phones. Maybe leave a voice mail box so they can yell at us to vent some anger. They do have nukes after all.
Empirical and result-oriented approach to reform.
Since Gitic's bankruptcy, the Chinese government has effectively forbidden any other major Chinese company from going bankrupt. It has also tried to appease the international banking community with offers of more favorable out-of-court restructuring settlements, such as that for the Guangdong Development (Holdings) Ltd. group, in which the Guangdong provincial government voluntarily injected a water plant supplying water to Hong Kong as part of the restructuring.
Hmmmm, I don't get how this jibes with the first lesson "no company is too big to fail." If you forbid bankruptcy, then isn't that saying it is possible to be too big to fail?