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Crisis Resolution in the Thrift Industry: A Mid America Institute Report PDF

114 Pages·1990·7.783 MB·English
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Crisis Resolution in the Thrift Industry Innovations in Financial Markets and Institutions Editors: Robert A. Eisenbeis and Richard W. McEnally University of North Carolina at Chapel Hill Chapel Hill, North Carolina, U.S.A. Previously published books in the series: 1. England, C. and Huertas, T.: THE FINANCIAL SERVICES REVOLUTION 2. Gup, B.: BANK MERGERS: CURRENT ISSUES AND PERSPECTIVES Crisis Resolution in the Thrift Industry A Mid America Institute Report by Roger C. Kormendi Victor L. Bernard S. Craig Pirrong Edward A. Snyder University of Michigan Kluwer Academic Publishers Boston/Dordrecht/London Distributors for North America: Kluwer Academic Publishers 101 Philip Drive Assinippi Park Norwell, Massachusetts 02061 USA Distributors for all other countries: Kluwer Academic Publishers Group Distribution Centre Post Office Box 322 3300 AH Dordrecht. THE NETHERLANDS Ubrary of Congress Cataloging-in-Publication Data Crisis resolution in the thrift industry: a Mid America Institute report / by Roger C. Kormendi ... (et aJ.]. p. em. - (lnnovalions in financial markets and institutions) Includes bibliographical references (p. ). ISBN-I3: 978-94-010-6815-4 e-ISBN-I3: 978-94-009-0735-5 001: 10.1007/978-94-009-0735-5 1. Savings and loan associations-Government policy-United States. 2. Federal Savings and Loan Insurance Corporation. I. Kormendi, Roger C. 11. Mid America Institute for Public Policy Research. 1II. Series. HG2152.C76 1990 332.3 '2 '0973-dc20 89-28734 CIP Copyright © 1989 by Kluwer Academic Publishers Softcover reprint of the hardcover 1st edition 1989 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, mechanical, photocopying, recording. or otherwise, without the prior written permission of the publisher, Kluwer Academic Publishers, tol Philip Drive, Assinippi Park, Norwell, Massachusetts 02061. THE TASK FORCE This book is a revised version of the Report of the Mid America Institute Task Force on the Thrift Crisis, issued March 3,1989. The Task Force was composed of a Core Staff and a Resource Panel. The Task Force Report was written by the Core Staff based on extensive interaction with the Resource Panel. The Authors of this book constituted the Core Staff of the Task Force. The Resource Panel included: William H. Beaver Stanford University Michael H. Bradley University of Michigan Robert S. Merton Harvard University Merton H. Miller University of Chicago Katherine Schipper University of Chicago Myron S. Scholes Stanford University Roman L. Weil University of Chicago Mark A. Wolfson Stanford University ACKNOWLEDGEMENTS We would like to acknowledge the help of significant contributors to the success of this report: Robert Kamphuis (Executive Director of Mid America Institute) for his overall efforts to coordinate Task Force operations from inception through conclusion; Philip Meguire (University of Michigan), Ida Walters (Mid America Institute), and Harry Watson (Mid America Institute) for their contributions to both substantive content and exposition; Philip Meguire, for his assistance in organizing the dataset and performing the calculations; Dick Jobes and Tom Lechner (both from the University of Michigan) for research assistance; Bernadine Gibson (Mid America Institute) and Mary Hardy (University of Michigan) for their efforts to facilitate Task Force operations; Margaret Oberle (University of Michigan) for typing the original drafts faster than we could produce it; and Amy McDonald for preparing the document for publication. CONTENTS List of Tables xi Preface xiii EXECUTNE SUMMARY 1 CHAPTER 1. INIRODUCTION AND OVERVIEW 9 Background 9 Causes of the Insolvency Crisis 13 Key Issues and the Structure of this Report 16 CHAPTER 2. THE TIMELINESS OF REGULATORY ACTION 19 Introduction 19 The Sources of Growth in the Net Deficit 20 Methods to Control the Present Value of FSLIC Liabilities 22 An Analysis of Regulatory Oversight of Insolvent Thrifts 23 CHAPTER 3. RESOLUTION OF INSOLVENT THRIFTS: FUNDAMENTAL ISSUES 27 Desirable Characteristics of a Resolution Process 27 Resolution Under Resource Constraints 30 CHAPTER 4. FSLIC'S ACQUISITION PROCESS 33 The Marketing and Negotiation Process 34 The Terms of Assistance Agr~ments 36 Analysis of the Contractual Terms of the Assistance Agreements 37 Approaches for Ownership and Management clAs~ ~ Assistance Packages: "Clean Assistance Agreements" 44 ix x CRISIS RESOLUTION IN THE THRIFT INDUSTRY CHAPTER 5. ANALYSIS OF FSLIC'S :ME1HODOLOGY FOR EVALUATING BIDS 49 A. The Structure of FSLIC's Evaluation Methodology 50 B. Adjustments to Improve Cost Evaluation 51 C. Issues in Discounting Risky Cash Flows 55 D. Summary of the Adjustment Effects 58 E. The Potential Magnitude of Adjustments to the FSLIC Methodology: An Examination of the Impact on 84 Acquisitions During 1988 59 F. The Potential Magnitude of Adjustments to the FSLIC Methodology: An Examination of the American Federal Savings Acquisition 63 G. Summary and Conclusions 67 CHAPTER 6. EMPIRICAL EVIDENCE ON FSLIC'S COST OF SOLUTION 71 The Questions 72 Data, Methods, and Results 74 Conclusions and Directions for Further Research 83 CHAPTER 7. CONCLUSIONS 87 The Fundamental Problem 87 FSLIC Estimates of the Cost of Solution Through Assisted Acquisition 87 Empirical Analysis of the Cost of Assisted Acquisitions in 1988 88 A Key Recommendation: The "Clean Assistance Package" 88 ABOUT THE TASK FORCE :MEMBERS 89 BIDLIOGRAPHY 93 INDEX 103 LIST OF TABLES Table 1-1: Total and Average Values of Cost of Solution, Tangible Net Worth and Tax Benefits Accruing to Acquirer: 1988 FSLIC Assisted Acquisitions 11 Table 1-2: Ten Highest 1988 FSLIC Resolutions Ranked by Estimated Present Value of Cost of Solution 12 Table 5-1: Sensitivity of Estimated Total Cost from Assisted Acquisitions in 1988: Extent of Cases in which Cost Savings are Negative 62 Table 5-2: Summary Evaluation of Bass Group Bid for American Savings and Loan 65 Addendum to Table 5-2 66 Table 6-1: Variables Used in the Empirical Analysis 75 Table 6-2: Percentage Cost Savings: December vs. Non-December and SWP vs. Non-SWP 76 Table 6-3: Percentage Cost Savings (Tax-adjusted) December vs. Non-December and SWP vs. Non-SWP 77 Table 6-4: Regression Model to Answer Six Basic Questions Concerning 1988 Assisted Acquisitions 79 Table 6-5: Linear Regression Estimates for Cost of Solution: 1988 FSLIC Resolutions 80 xi PREFACE On February 6, 1989, the Federal Home Loan Bank Board contacted Mid America Institute to inquire whether it would undertake an independent, academically oriented analysis of the insolvency resolution crisis in the thrift industry. The Senate Banking Committee, during the course of hearings on the thrift crisis, had suggested to the Bank Board tile desirability of an independent assessment of Bank: Board and FSLIC resolution methodology, specifically as it related to the controversy surrounding the December deals, the Southwest Plan, and the possibility that tax considerations were driving certain deals. The Bank Board had already initiated studies from industry-oriented perspectives. Therefore, it felt that an academic perspective would provide both a valuable addition to the process, and by the nature of academia, perhaps the best prospect of a credible and independent viewpoint. The Bank Board was prepared to give an appropriately structured Task Force virtually unlimited access to all personnel, documents and resources that the Task Force felt necessary to come to an uncompromising assessment. The only significant constraint imposed was that a report had to be available prior to the start of the next round of Senate Banking Committee hearings on March 1, 1989. The Task Force would be given complete discretion as to the scope and coverage of the report, but it was requested that the topic of the December deals, particularly the associated tax considerations, be a significant part of the report. On February 7, 1989 Mid America Institute started the process of putting together a team capable of undertaking the demanding task of xiii

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