Gretchen Morgenson noted the fact that credit default swaps (CDS) on Greek debt are not being paid off despite the fact that many investors are only getting 50 cents for each dollar of debt. This issue is a bit more complicated than presented in the column.
Major European banks essentially had their arms twisted to “voluntarily” accept a partial write-down on Greek debt. The ruling on the swaps hinged on the fact that no one who held Greek debt did not actually get a payment that they were expecting. The argument was that when the Greek government failed to make a payment, then they should move to collect on their credit default swaps.
This outcome suggests that CDS may not provide as much protection as their purchasers had expected. It also suggests that CDS may not be a good way to speculate on the prospect that a government will face a debt crisis.