Banks have owned their branches and operational facilities, and prevailed in litigation permitting them to rent out surplus space and receive property pledgedascollateral after a default.
In Europe many funds found that the assets they pledgedascollateral in return for financing from Lehman have become trapped in the bankruptcy process as administrators strain to work out which assets genuinely belong to clients.
Under this rule supervisors should require financial institutions to value assets using a long-term moving average when they are pledged (explicitly or implicitly) ascollateral for new credit.
The brokers may have been pledgedcollateral against their hedge-fund loans but, as Merrill Lynch recently discovered in its dealings with two Bear Stearns hedge funds, it may not be possible to sell that collateral for anything like the current market price.