EDITOR’S NOTE: Based upon my calculations that amount was increased by over $3 trillion resulting from the securitization scam on home mortgages, student loans, auto loans and other consumer loans.
DID SECURITIZATION MAKE PRIVATE STUDENT LOANS DISCHARGEABLE?
By the way, for the bankruptcy experts out there, I have a question. If a student loan is not dis-chargeable because it has a government guarantee, does it remain non-dischargeable if the guarantee was meant to apply but didn’t? Virtually all student loans were securitized. That means that the bank that fronted the transaction as the originator received a guarantee, to prevent it from undertaking a risk that might be more than the bank wanted to handle. But if the bank elected to use another means of avoiding risk — like a table funded loan where they never loaned the money in the first place, what right does the undisclosed creditor have to declare that the student loan is non-dischargeable? And if the receivable was sliced and diced into hundreds of parts and subjected to the same cross collateralization, over-collateralization, guarantees and insurance, has not the risk changed in character sufficiently that the government guarantee no longer applies?


