Most analysts say this scenario will never work. Meanwhile, Fernandez's Cabinet chief, Jorge Capitanich, denied on Thursday that an Argentine team would go to New York for talks with creditors next week — backtracking on a promise the government's attorney made to a judge the day before.
"There's no mission or committee prepared for a trip to the United States," Capitanich said. He did not provide any details about next steps, but said, "We're going to utilize all the strategies that could be convenient to defend the national interest."
New York billionaire Paul Singer, whose hedge fund NML Capital Ltd. won the case, will have to decide whether Fernandez is bluffing. The stakes couldn't be higher for Argentina's fragile economy.
Here are some ways it could play out:
— Argentina complies with the orders of U.S. District Judge Thomas P. Griesa.
It pays the plaintiffs 100 percent in cash, plus interest, on debt that went into default a dozen years ago, starting with $907 million by June 30. That's when another $907 million is due on the $24 billion in "exchange bonds" owned by the 92 percent of investors who agreed to swap defaulted debt for new bonds worth a third of their original face value. The holdout plaintiffs own about 1 percent of the original defaulted debt, and sued rather than agree to provide Argentina debt relief. The judge says exchange bondholders can't be paid unless the holdouts get an equal amount.
The pros of this approach? With nearly $29 billion in foreign reserves left and very low indebtedness relative to the size of its economy, Argentina can afford to make this month's payments, at least. And if it is willing to follow New York law and borrow again, it can meet future bond quotas without abandoning its populist programs.
In fact, bond analyst Josh Rosner says Wall Street firms are eager to lend Argentina whatever it needs to pay off all its remaining defaulted debt, which Fernandez said totals $15 billion.
"If the government chose to raise capital as a means of resolving this impasse, it would normalize its relations with the international capital markets, reduce its cost of funds going forward and immediately begin to attract the foreign investment necessary to develop key industries, including its energy sector and the broader economy," said Rosner, the managing director at Graham Fisher in New York.
The main con for Fernandez? Most Argentines blame international debt for causing the very crisis that led to the default, and are fearful of taking on major new loans.
The official story of Fernandez's "victorious decade" is that she and her late husband, President Nestor Kirchner, restored Argentina's economic sovereignty after foreign banks brought the nation to its knees. They paid down international debts, even at a huge cost.
But without affordable access to foreign credit, the government has already spent much of the Central Bank's reserves on energy subsidies and social programs, weakening its ability to control inflation and manage the money supply. Fernandez is correct when she says "it would not only be absurd but impossible" to use half the remaining reserves to pay court judgments in cash, as the judge has ordered.
— Argentina defies the judge, forcing U.S. banks to stop processing its payments to the 92 percent of bondholders who have been getting paid. Argentina then offers to swap these freshly defaulted New York bonds with new bonds paid from Buenos Aires and guaranteed by Argentine law.