• “Encouraging Equity Investments in Medium-Sized Businesses,” by Douglas Elliott. Oliver Wyman Policy Paper. May 29, 2020.
In this succinct paper, Douglas Elliott makes the cogent and possibly urgent point that since the global pandemic began, the U.S. economy has transitioned from a corporate liquidity problem — which the Federal Reserve successfully alleviated — to the cusp of a corporate solvency problem. Unfortunately, solving the new problem will be much more difficult and likely cost more money than the liquidity problem.
Virtually no one anticipated the nationwide shutdown from COVID-19. A wide swath of businesses saw demand for their goods crater or were legally obligated to shut down. For instance, passenger air travel declined 95% in a single month and cruise ships shut down entirely. In most states, restaurants were limited to selling only takeout meals, and even that was impeded by curfews. Most brick-and-mortar retailers such as clothing stores also saw demand plummet.
While large corporations were able to tap credit markets to cover their liquidity needs, many mid-sized and small businesses were not able to do so immediately. To alleviate their capital needs, Congress enacted the Coronavirus Aid, Relief, and Economic Security Act, which created (among other things) the Payroll Protection Program, a funding mechanism that provided small and medium-sized businesses forgivable loans to cover payroll and a portion of other costs for eight weeks.
The Federal Reserve also created a variety of credit facilities to help businesses obtain financing, although credit markets ultimately rebounded from the early days of the crisis and most viable businesses were able to obtain financing from private lenders. Some aver that the Fed’s willingness to jump into the market helped the private sector to resume lending.
While the short-term liquidity crunch has passed, we still do not know how long the COVID crisis and the concomitant quarantines will continue, stifling consumer demand across a wide variety of goods and services. The personal savings rate in the United States in May 2020 was 32%, quadruple the level of the previous May and indicating a tremendous decline in consumer demand. Even the most optimistic scenario suggests that vaccines against the SARS-CoV‑2 virus — necessary to return the economy to something approaching normalcy — will not be widely available until well into 2021, if then.
It is also worth noting that not all the decline in consumer spending is the result of deferred spending. While people who had planned to buy a car in the second quarter of 2020 will likely do so at some point in the next year, they will not consume more restaurant meals or haircuts to make up for the lost consumption when the pandemic raged. In those cases, the virus and quarantine effectively destroyed demand. The delay until a durable recovery begets a bigger problem, Elliott observes: numerous businesses will become effectively bankrupt as a result, and those situations will need to be adjudicated in some way.
Should they liquidate? / For businesses that end up in that situation in the next year, we may not want there to be a simple liquidation. Many of these businesses would be viable in an ordinary economy. For instance, a restaurant with a favorable lease in a well-trafficked area in the business center of a community that earned a tidy profit before the pandemic will likely return to profitability post-pandemic. Ideally, we would like the restaurant to be managed post-crisis by the same people who ran it pre-crisis because that combination appeared to work. Its creditors likely would not object. They will all be better off if it reopens in a form closely resembling its previous form rather than a bankruptcy judge ordering it liquidated and waiting for a new entrepreneur to obtain the lease, build his own operation, and open a new restaurant a year or two (or more) later.
Fortunately, the U.S. bankruptcy code has Chapter 11, which allows businesses to reorganize and remain open. If it were a big firm, the creditors would receive equity in the company and existing shareholders would be wiped out. Elliott is more concerned about smaller businesses, where it is more difficult to conceive of any resolution that gives creditors an actual ownership stake in a family business. In this case, the restaurant’s creditors would — ideally — see the money owed to them reduced to some degree and in return the creditors would receive some share of future revenue. In either case, both the debtor and creditor would share in the money lost because of the pandemic, but also in the post-pandemic revenue that is maximized by using the existing resources in their most efficient way. Both are better off as a result.
While that would be the ideal outcome, it may not be practical in many situations. Elliott notes that there could be hundreds of thousands of potentially bankrupt businesses that will need their bankruptcy to be adjudicated. Our federal bankruptcy courts do not have the capacity to deal with such an increase in demand. Even the model of “prepackaged” bankruptcies, where creditors negotiate an outcome and present it to the court to get its official blessing, may not be sufficiently expedient.
One solution, Elliott offers, would be to quickly create some sort of remediation program whereby the courts deputize arbitrators (retired bankruptcy judges or trustees) who help the businesses and debtors reach an agreement. The court would then give the arrangement its imprimatur without its scarce resources being occupied.
Wheat from chaff / Of course, the world will be sufficiently different post-crisis and many businesses will not be salvageable via reorganization. Some businesses will simply be unable to respond to the new environment, especially those that were not doing so well before the pandemic. For instance, it seems unlikely that we will have nearly the demand for cruises post-pandemic, and the least solvent of those businesses will likely go under.
We want to avoid taking steps that would keep nonviable businesses going indefinitely. They would find themselves working to make payments to their debtors and would not have enough money to invest or plan for the future. They would be zombie businesses and keeping them alive would waste investment capital that could go to a better business.
Of course, it can be difficult to readily discern between viable businesses and future zombies. Some restaurants that did fine pre-crisis will not be successful post-crisis, for instance. But any new system we set up to adjudicate these debt issues will not always be able to discern ongoing good businesses from bad businesses. Maybe the cash flow will make it obvious which category a restaurant belongs in, but not always. For this, Elliott suggests dusting off a page from the 1980s–1990s savings-and-loan crisis playbook and instituting some sort of Resolution Trust Authority to make those determinations.
If we do not want a (quasi) government entity picking winners and losers the next time we get in such a mess, Elliott suggests the government might offer insurance against a tail risk economic event. For instance, businesses could buy a type of insurance that would pay a fraction of their losses if gross domestic product were to fall by more than 10% in a quarter. We would then try to ex-ante limit government bailouts in such a scenario.
What is important is to recognize that in this unprecedented economic crisis we have a potential time-inconsistency problem. Government needs to take care that anything it does to salve the short-term economic pain does not concomitantly create long-term problems or establish a precedent that would complicate the country dealing with a similar crisis in the future. This is a message that few want to hear now, but Elliott points out that we may be forced to confront this problem again in the not-so-distant future.
— Ike Brannon