Tag: Asset

  • How a Managed Meltdown Enables Unauthorized Asset Sales

    How a Managed Meltdown Enables Unauthorized Asset Sales

    The federal student loan portfolio, totaling roughly $1.6 to $1.7 trillion, is not merely an accounting entry. It is one of the largest consumer credit systems in the world and functions simultaneously as a public policy tool, a long-term revenue stream, a data infrastructure, and a political liability. It shapes who can access higher education, how risk is distributed across generations, and how the federal government exerts leverage over the postsecondary sector. Precisely because of its scale and visibility, the portfolio is uniquely vulnerable to narrative reframing.

    That vulnerability was not accidental. It was constructed over decades through a series of policy decisions that stripped borrowers of normal consumer protections while preserving the financial attractiveness of student debt as an asset. Chief among these decisions was the gradual removal of bankruptcy protections for student loans. By rendering student debt effectively nondischargeable except under the narrow and punitive “undue hardship” standard, lawmakers transformed education loans into a uniquely durable financial instrument. Unlike mortgages, credit cards, or medical debt, student loans could follow borrowers for life, enforced through wage garnishment, tax refund seizure, and Social Security offsets.

    This transformation made student loans exceptionally attractive for securitization. Student Loan Asset-Backed Securities, or SLABS, flourished precisely because the underlying loans were shielded from traditional credit risk. Investors could rely not on educational outcomes or borrower prosperity, but on the legal certainty that the debt would remain collectible. Even during economic downturns, SLABS were marketed as relatively stable instruments, insulated from the discharge risks that plagued other forms of consumer credit.

    Private banks once dominated this market. Sallie Mae, originally a government-sponsored enterprise, became a central player in both originating and securitizing student loans, while Navient emerged as a major servicer and asset manager. Yet as Higher Education Inquirer documented in early 2025, banks ultimately lost control of student lending. Rising defaults, public outrage, state enforcement actions, and mounting evidence of predatory practices made the sector politically radioactive. The federal government stepped in not as a reformer, but as a backstop, absorbing the portfolio and stabilizing a system private finance could no longer manage without reputational and regulatory risk.

    That history reveals a recurring pattern. When student lending fails in private hands, it becomes public. When the public system is allowed to fail, it becomes ripe for re-privatization.

    A portfolio does not need to collapse to be declared unmanageable. It only needs to appear dysfunctional enough to justify extraordinary intervention.

    The post-pandemic repayment restart, persistent servicing failures, legal challenges to income-driven repayment plans, and widespread borrower confusion have all contributed to a growing narrative of systemic breakdown. Servicers such as Maximus, operating under the Aidvantage brand, MOHELA, and others have struggled to process payments accurately, manage forgiveness programs, and provide reliable customer service. These failures are often framed as bureaucratic incompetence rather than as predictable consequences of outsourcing public functions to private contractors whose incentives are misaligned with borrower welfare.

    Navient’s exit from federal servicing did not mark a retreat from the student loan ecosystem so much as a repositioning, as it continued to benefit from private loan portfolios and legacy SLABS exposure. Sallie Mae, rebranded and fully privatized, remains deeply embedded in the private student loan market, which continues to rely on the same nondischargeability framework that props up federal lending.

    Crucially, these servicing failures cannot be separated from the earlier elimination of bankruptcy as a safety valve. In normal credit markets, distress is resolved through restructuring or discharge. In student lending, distress accumulates. Borrowers remain trapped, servicers remain paid, and policymakers are confronted with a swelling mass of unresolved debt that can be labeled a crisis at any politically convenient moment.

    Under pyrrhic defeat theory, such a crisis is not merely tolerated. It is useful.

    Once the federal portfolio is framed as broken beyond repair, the range of acceptable solutions expands. What would be politically impossible in a stable system becomes plausible in an emergency. Asset transfers, securitization of federal loans, expansion of SLABS-like instruments backed by government guarantees, or long-term conveyance of servicing and collection rights can be presented as pragmatic fixes rather than ideological choices.

    A Trump administration would be particularly well positioned to exploit this dynamic. Skeptical of debt relief, hostile to administrative governance, and ideologically aligned with privatization, such an administration could recast the portfolio as a failed public experiment inherited from predecessors. In that framing, selling or offloading the portfolio is not an abdication of responsibility but an act of fiscal discipline.

    Importantly, this need not take the form of an explicit, congressionally authorized sale. Risk can be shifted through securitization. Revenue streams can be monetized. Servicing authority can be extended indefinitely to private firms. Data control can migrate outside public oversight. Over time, these steps amount to de facto privatization, even if the loans remain nominally federal. The infrastructure, incentives, and profits move outward, while the political blame remains with the state.

    This is where earlier McKinsey & Company studies reenter the conversation. Long before the current turmoil, McKinsey analyses identified high servicing costs, fragmented contractor oversight, weak borrower segmentation, and low political returns on administrative complexity. While framed as efficiency critiques, these studies implicitly favored market-oriented restructuring. In a crisis environment, such recommendations become blueprints for divestment.

    The danger of a pyrrhic defeat strategy is that it delivers a short-term political win at the cost of long-term public capacity. Selling or functionally privatizing the student loan portfolio may improve fiscal optics, but it permanently weakens democratic control over higher education finance. Borrowers, already stripped of bankruptcy protections, lose what remains of public accountability. Policymakers lose leverage over tuition inflation and institutional behavior. The federal government relinquishes a powerful counter-cyclical tool. What remains is a debt regime optimized for extraction, enforced by servicers, securitized for investors, and detached from educational outcomes.

    The defeat is real. It is borne by students, families, and future generations. The victory belongs to those who acquire distressed public assets and those who benefit ideologically from shrinking the public sphere.

    Pyrrhic defeat theory reminds us that collapse is not always accidental. In the case of the federal student loan portfolio, what appears to be dysfunction or incompetence may instead be strategic surrender: a willingness to let a public system deteriorate so that it can be sold off, securitized, or outsourced under the banner of necessity. If that happens, it will not be remembered as a policy error, but as a deliberate transfer of public wealth and power—made possible by decades of legal engineering that began when bankruptcy protection was taken away and ended with student debt transformed into a permanent financial asset.


    Sources

    Higher Education Inquirer. “When Banks Lost Control of Student Loan Lending.” January 2025.

    https://www.highereducationinquirer.org/2025/01/when-banks-lost-control-of-student-loan.html

    U.S. Department of Education, Federal Student Aid. FY 2024 Annual Agency Performance Report. January 13, 2025.

    U.S. Department of Education, Federal Student Aid. Federal Student Loan Portfolio Data and Statistics, various years.

    Government Accountability Office. Student Loans: Key Weaknesses in Servicing and Oversight, multiple reports.

    Congressional Budget Office. The Federal Student Loan Portfolio: Budgetary Costs and Policy Options.

    U.S. Congress. Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 and prior amendments affecting student loan dischargeability.

    Pardo, Rafael I., and Michelle R. Lacey. “The Real Student-Loan Scandal: Undue Hardship Discharge Litigation.” American Bankruptcy Law Journal.

    Financial Crisis Inquiry Commission materials on asset-backed securities and consumer credit markets.

    McKinsey & Company. Student Loan Servicing, Portfolio Optimization, and Risk Management Analyses, prepared for federal agencies and financial institutions, 2010s–early 2020s.

    Higher Education Inquirer archives on SLABS, servicers, privatization, deregulation, and student loan policy.

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  • How ANU can revive ‘national asset’ mission – Campus Review

    How ANU can revive ‘national asset’ mission – Campus Review

    On Campus

    The education minister needs to address issues of transparency, VC salaries and the public good

    The Australian National University (ANU) is one of the most prestigious universities in Australia and is regularly ranked among the world’s best.

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  • Don’t Overlook Alumni as Asset for Advocacy (opinion)

    Don’t Overlook Alumni as Asset for Advocacy (opinion)

    With research contracts, cost recovery and student financial aid totaling billions of dollars on the line, many universities have called upon powerhouse external lobbying firms to defend against federal funding cuts and make the case for the public good that flows from higher education. Engaging external government relations experts can bring important perspective and leverage in this critical period, but this approach may not be scalable or sustainable across the nearly 550 research universities in large and small communities across the country.

    Fortunately, campuses have their own powerful asset for advocacy: alumni. Graduates know firsthand the benefits of higher education in their lives, professions and communities, and they can also give valuable feedback as campuses work to meet the challenges of this moment and become even better. The National Survey of College Graduates estimates that 72 million individuals hold at least a bachelor’s degree. Engaged well, alumni can be a force multiplier.

    Alumni often get attention in their role as donors. They will receive, on average, more than 90 email messages from their alma mater this year, many asking them to reflect on the value of their college experience and pay it forward. The most generous donors will be celebrated at events or visited personally by campus leaders. Millions and sometimes billions of dollars will be raised to advance campus missions.

    As generous as alumni donors may be, the effectiveness of their philanthropic support is linked to the even greater investments states and the federal government make in higher education. University leaders in fundraising and beyond have an obligation to provide alumni with candid information about the potential impacts of looming generational policy and funding shifts, along with opportunities to support their campus as advocates.

    In a crisis, information and attention necessarily flow first to on-campus constituents. Crisis communications and management plans may initially overlook alumni or underestimate the compelling role that they can play with both external and internal stakeholders. While most alumni are not on the campus, they are of the campus in deep and meaningful ways. And, unlike the handful of ultrawealthy alumni who have weighed in to the detriment of their Ivy League campuses, a broad group of alumni can bring practical wisdom and a voice of reason to challenging issues.

    Campus leaders now preparing for a long period of disruption should assess alumni engagement as part of this planning and gather their teams to consider:

    • How might alumni and development staff work with strategic communications, government relations staff and academic leaders to shape university messaging and advocacy?
    • What facts about policy and funding challenges do alumni need to understand in a media environment filled with misinformation?
    • How might alumni perspectives inform campus discourse about challenges to the institution’s values and academic freedom?
    • How might existing alumni programming provide opportunities for information-sharing between campus leaders, academic leaders and alumni?
    • How are campuses acknowledging and supporting alumni who are directly affected by changes in the federal workforce and economic disruption?

    This is a critical time for campus leaders to build bridges. Alumni can be a huge asset in this work. As degree holders, donors, professionals and citizens, engaged alumni know the specific value of their alma mater and of higher education broadly. They have stakes, authenticity and social capital, and they deserve the opportunity to add their voices.

    Lisa Akchin, senior counsel at RW Jones Agency and founder of On Purpose LLC, previously served as associate vice president for engagement and chief marketing officer at University of Maryland Baltimore County.

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