Debt

The terminology of debt

A voluntary loan agreement may be presumed to confer benefits upon both borrower and lender, and to have no effect upon other parties. The terms of the agreement may be expected to take account of "social time preference", which is an observed tendency to attach greater value to current enjoyment than to deferred enjoyment. That behavioural characteristic confers a benefit on the borrower at the expense of the lender, in return for which the borrower may be expected to compensate the lender by the payment of "interest". The agreement may also be expected to take account of the possibility that the borrower may "default" upon its terms by failing fulfil its obligations concerning the payment of interest or the return of the original payment (termed the "principal"). The agreement may include the provision of "collateral", which gives the lender title to an asset belonging to the lender, if the borrower defaults (the term "mortgage" may be used if the asset is property). Alternatively, or in addition to the provision of collateral, the agreed interest rate may embody a "risk premium" in addition to the appropriate "risk-free interest rate". The date on which a debt is due to be repaid is termed its "maturity" date, the term "roll-over" refers to the replacement of a matured debt by another of similar value, and a "revolving debt" is one which is automatically rolled-over whenever it matures.

Attitudes to debt

The historical tradition

Since a loan agreement so defined confers benefits upon both parties and does no harm to anyone else, it is not obvious that it should be an object of disapproval; and there is no obvious reason for objecting to the charging of interest, unless the exercise of social time preference is deemed objectionable. It has nevertheless been widely condemned at several stages in the course of history. The divine instructions received by Moses, as recorded in the Bible, include:

And if thy brother be waxen poor, and fallen in decay with thee; then thou shalt relieve him: yea, though he be a stranger, or a sojourner; that he may live with thee. Take thou no usury of him, or increase: but fear thy God; that thy brother may live with thee. Thou shalt not give him thy money upon usury, nor lend him thy victuals for increase.

- which have, from time to time, been interpreted by western religious authorities as forbidding all charging of interest. There has been much debate concerning the interpretation of the term "usury", and as late as the 1920s, the then popular Catholic author, Hillaire Belloc, wrote that:

It means any interest, however low, demanded for an unproductive loan. It is not only immoral [on which account it has been condemned by every moral code - Pagan, Mohommedan, Catholic] but it is ultimately destructive of society.

Secular objections to debt have been expressed by Shakespeare in Polonius's advice to his son:

Neither a borrower nor a lender be, For loan oft loses both itself and friend, And borrowing dulls the edge of husbandry.;

- and by Danté', whose Divine Comedy places usurers below murderers, in the third round of violence in the seventh circle of hell where:

The Blasphemers lie supine; the Sodomites are in continued motion; the Usurers sit hunched up;

- and by Benjamin Franklin:

But, ah, think what you do when you run in debt; you give to another power over your liberty. If you cannot pay at the time, you will be ashamed to see your creditor; you will be in fear when you speak to him, you will make poor pitiful sneaking excuses, and by degrees come to lose you veracity, and sink into base downright lying; for, as Poor Richard says, the second vice is lying, the first is running in debt..

Attitudes to public debt have also been generally hostile.

However, the utilitarian philosopher, Jeremy Bentham, took the contrary view about personal debt, arguing that:

no man of ripe years and of sound mind, acting freely, and with his eyes open, ought to be hindered ... from making such bargain ... upon any terms he thinks proper.

Current attitudes

Household debt in the United States, Britain and Japan amounts, on average, to more than a year's disposable income, and to about 30 per cent of that level in Germany and Italy. It consists mainly of long-term house mortgages (which householders may not consider to be debt) but includes a substantial amount of revolving (ie regularly renewable) debt in the form of delayed payments for credit card purchases. Debt continues to be a matter of concern on the part of its holders and nearly half of credit card holders in the United States are reported to suffer feelings of guilt about their use. There is also evidence of debt aversion among United States businessmen, and a substantial number of large public non-financial US firms follow a zero-debt policy Historically high levels of public debt are also a matter of general concern, and an opinion poll in February 2009, reported that it was one of the top two matters of concern to United States voters .

Categories of debt

Household debt

• The term "consumer credit" usually refers to short-term unsecured loans, usually related to specific purchases. It includes deferred payment arrangements made by sellers and by credit card companies, as well as "hire-purchase" agreements and short-term bank overdrafts.
• A mortgage is a loan secured on property - usually real estate - that is used to finance the purchase of the property, or to obtain money for other purposes. An "adjustable rate mortgage" is a mortgage whose interest rate is related to a published index, and a "hybrid mortgage" is one in which the interest rate is fixed for a stated period,after which it may be varied.

Corporate and public debt

The bond market

A bond is a fixed-interest loan that is repayable after an interval of not less than a year. The sum of money for which the bond is to be redeemed, is called its "par value", the annual interest rate that is paid is called its "coupon", and its date of repayment is called its "maturity date".

• A "treasury bond" (or "T-bond") is a bond issued by the United States Government.
• A "gilt-edged security" (or "gilt") is a bond issued by the British Government.
• A "straight" (or "plain vanilla") bond, makes a regular fixed-interest payment and is repaid (or "redeemed") on a predetermined date.
• An "irredeemable bond" (or "perpetual bond" or "consol") makes indefinitely continuing fixed interest payments.
• A "zero-coupon bond" pays no interest, is issued at a price that is below its par value, and is held in order to obtain a capital gain.
• A "callable bond" has a redemption date that is at the discretion of the issuer.
• A "convertible bond" contains a conditional option to exchange it for an equivalent amount of the issuer's equity.
• A "covered bond" is secured by fixed assets to which the investor can lay claim if its issuer becomes insolvent.
• A "debenture" in the United States is an unsecured loan; in the United Kingdom it is a loan that is secured by a claim on the company's assets.
• A "guaranteed bond" is guaranteed by the issuer's parent company or the government.
• An "investment-grade bond" is one that is rated above a minimum credit risk level by a credit rating agency (Baa for Moody’s or BBB for Standard and Poor)
• A "junk bond" is one that is rated below that level.
• A "eurobond" (or "global bond") is a bond that is traded outside the country in whose currency it is denominated.

The money market

Money market securities are short term loan instruments issued by governments, banks and businesses. Those issued by companies are known as commercial paper.

• A "negotiable" security can be bought and sold during the period between issue and repayment.
• A "money market deposit" is repayable after a stated interval between one day and one year and is not negotiable.
• A "certificate of deposit" and a "banker's acceptance" are negotiable receipts for bank deposits.
• A "treasury bill" is a promise to repay a loan to the government – usually after 90 days.
• A "bill of exchange" (also known as "trade" or "commercial" bill) is a promise to replay a loan to a company.

International debt

Access to the bond and money markets is in principle available to governments and established corporations throughout the world, but in practical terms direct access is available only to those with acceptable credit ratings. Other sources of finance that are available to developing countries include:

• Multilateral Development Banks. that provide governments, communities and private sector businesses with market-rate loans funded by borrowing on the international capital markets, and low-interest loans funded from government donations; and,
• Microfinance Service providers, a wide range of formal and informal organisations that provide various types of (usually unsecured) small loans at above-market rates to small groups who tend to make collective efforts to avoid default.

Legal aspects

Borrowers' rights

Most legal systems impose limits on the ability of a creditor to seize the property of a debtor who is unable to repay a debt. Some exempt a minimum amount of real estate and some also exempt some categories of movable property such as tools of trade. There are often usury laws that limit the amount of interest that may be charged.

Creditors' rights

The legal protection of creditors against default by borrowers varies from country to country and among states within countries, but its main features are the provision for:

• foreclosure, or repossession, in which the creditor assumes the ownership of colateral property;
• liquidation, in which the borrowing company sells all of its assets and uses the proceeds to pay its creditors;
• administrative receivership, in which the creditor appoints an expert to manage the company with the objective of paying back as much as possible of the outstanding debt (the preferred option when the default arises, not from a lack of assets, but from a lack of liquidity)

For the protection of prospective creditors, loan agreements usually have to be placed upon a register to make public any prior claims upon the borrower's assets, and it is illegal for a company to continue trading if its directors know it to be insolvent.

Sovereign debt

The law offers no protection to the creditors of foreign governments, and it is legally open to any government to repudiate its debts. Since countries cannot cease trading, however, the concept of "bankruptcy" is inapplicable to countries; and while a country may be unable to pay its debts on time, it necessarily retains the capacity to make eventual or partial payment. To avoid some of the costs of sovereign default, defaulting countries often agree to a negotiated rescheduling of repayments, or to some form of partial repayment. The "Paris Club" is an informal organisation of creditor countries that negotiates such settlements. (The concept of "odious debt" has sometimes been used to argue that debts incurred by a government were illegal because they had not been undertaken in the interests of its country, but an international discussion in 2008 did not reach agreement about the implications of the concept.)