In the financial crisis, banks were allowed to use their best fair estimate. If there's no market for an asset, you don't really know if it is worth more or less than what you paid in the first place. In some areas of the U.S., housing was falling apart but not as much as people thought; so they could mark-to-market and then go out of business all of a sudden. This kind of thing can be very insidious when done by aggressive traders who are trying to make money on energy trades.

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