Making Bankruptcy Harder Comes Back To Bite Banks In the Butt


Life's rich tapestry of irony adds another thread:

Washington Mutual Inc. got what it wanted in 2005: A revised bankruptcy code that no longer lets people walk away from credit card bills.

The largest U.S. savings and loan didn't count on a housing recession. The new bankruptcy laws are helping drive foreclosures to a record as homeowners default on mortgages and struggle to pay credit card debts that might have been wiped out under the old code, said Jay Westbrook, a professor of business law at the University of Texas Law School in Austin and a former adviser to the International Monetary Fund and the World Bank.

"Be careful what you wish for," Westbrook said. "They wanted to make sure that people kept paying their credit cards, and what they're getting is more foreclosures."

Washington Mutual, Bank of America Corp., JPMorgan Chase & Co. and Citigroup Inc. spent $25 million in 2004 and 2005 lobbying for a legislative agenda that included changes in bankruptcy laws to protect credit card profits, according to the Center for Responsive Politics, a non-partisan Washington group that tracks political donations.

The banks are still paying for that decision. The surge in foreclosures has cut the value of securities backed by mortgages and led to more than $40 billion of writedowns for U.S. financial institutions.

And it's going to cost much more than that. Not to mention that, as the article goes on to note, Prince, the head of Citigroup, lost his job over this. Of course, he's still worth hundreds of millions, I'm sure, so you needn't cry any tears for him. This isn't Japan, where executives who screw up that badly commit suicide to expunge the shame and dishonour.

Say what you will about seppuku, but it would be nice to see someone not just "take responsibility" but actually pay a price for all this. Let alone feel something like "shame". I'm sure Prince is familiar with the word, but I doubt he's ever experienced the emotion.

While Prince won't pay any price worth mentioning, the families who are losing their houses because of the banks' greedy decision to revise the bankruptcy act certainly will. I can guarantee that there will be plenty of suicides that can be traced back to the inability to declare bankruptcy but keep their home.

Those deaths stain the hands of every politician who voted for the bankruptcy bill. Everyone knew that bill would cause unbelievable hardship. And they voted for it anyway.

Likewise everyone involved in the financial bubbles that are now popping bears responsibility. Everyone knew the mortgages being sold were crap. Loans with no credit checks; jumper loans where you started with a low teaser rate and then jumped to much higher rates; and no money down loans as if you were buying a sofa. They knew they were selling loans to people who couldn't afford them, and who would default, and they approved their loans anyway. Why?--Because men like Prince knew there'd be no real price for them, that they'd still be rich beyond your wildest dreams. And banks like Citigroup?--They're "too big to fail", which is code for "the executives got the bonuses and now ordinary taxpayers are going to get stuck with the bill." You, personally, are still paying for the S&L fiasco. This is much, much larger when you take it all into account. Your grandkids will be paying for this.

Prince's grandkids, on the other hand, will be going to elite private schools, having holidays at exclusive resorts, will go to the best universities and will get very well paying jobs when they graduate -- if they bother to work at all. They won't need to if they don't want to, odds are.

And that's why this happened, that's why Iraq happened, that's why torture is America's policy, and why the Telecoms broke the FISA law and the 4th Amendment. Because they all expect to get away with it; heck, not just to get away with it, but to get rich and to stick ordinary Americans with the bill. Not just the bill in devalued dollars, but the butchers bill of death, of wasted lives, of suicides, of beaten wives and children, of alcoholism and and of despair. That is their legacy.

White collar fraud isn't even close to victimless. Men like Prince have more victims than even the worst serial killers.

But I'm sure he doesn't lose any sleep over it. Because he's rich, and it's regular Americans who are about to get the bill for all the bonuses he gave himself over the years.


Ian Welsh November 9, 2007 - 9:16am
( categories: The Markets )

I've always held that if you want capital punishment to be an effective deterent, you apply it to crimes involving the betrayal of public trust.

EvilleMike
Don't confuse my willingness to accommodate with your own need for me to obey.

EvilleMike November 9, 2007 - 10:16am

So far all the talk has been about the housing bubble and the subprime fiasco (with its racist undertones). That's only the tip of the iceberg. There has been little talk about the vast amounts of derivatives floating underneath the waters, out of sight until some ship hits one.

One of the biggest icebergs in the financial system awaiting the banks to sail into is the credit card bubble. The US consumer has been living off debt, that is, on the cards as well as from the housing ATM, for several years now. The amount of consumer debt outstanding is staggering and there is no savings safety cushion, nor do the numbers add up for our "growing our way out" through increased productivity.

The credit card bubble has yet to burst. If and when it does, especially on top of the housing bubble, US consumers will collapse financially, taking the US economy with them. "Recession" probably won't capture what's in store at all adequately.

The big problem that is developing is the realization that the US economy has been based for some time on artificially created demand through easy credit and loose qualifications. As the credit crunch ratchets up, that demand stimulation will dry up and supply bottlenecks will quickly build, clogging the system. Retailers will cancel outstanding orders and desperately cut prices to unload excess inventory, but people won't have enough credit to continue gorging themselves on trinkets. Meanwhile, the Treasury and Fed will be dropping interest rates like crazy, but only the most credit worthy will be able to borrow. The smart money will see as an this opportunity to take advantage of increasing inflation in things of real value, like gold and other precious metals, energy and other vital resources and commodities, to make a bundle in the markets. they will also be able to pick off choice properties in the deflating real property market. Foreign money flowing into the US will exacerbate this, as those holding dollars trade them for US assets.

The result will be stagflation that will be very difficult to control, since the fiscal and monetary authorities will be caught between a rock and hard place, damned if they do and damned if they don't. It's going to take some time to work through this mess, and there are going to be a lot of pissed off peasants with pitchforks and politicians running for the hills. The wealthy will, of course, simply retire to their sylvan retreats and wait things out, as usual.

tjfxh November 9, 2007 - 12:46pm

what with a negative savings rate, the money's got to come from somewhere.

A harbinger of this is the replacement in my inbox spam of subprime mortgage offers with "get out of debt" messages.

When banks started offering credit cards, they weren't easy to obtain. I well remember being turned down by Bank of America for one even though I had no debts, had a steady well-paying job and a hefty savings account. But that was over 35 years ago.

I suspect that today I could obtain a credit card for my Labrador retriever without too much trouble.

Petronius November 9, 2007 - 2:44pm

Could someone explain the logic that when these people (universal default) are late on a payment somewhere or even the credit card they have or some other reason, the bank may jack up the rate to some rediculous percentage. Now tell me how does this help the person to be able to pay them back. I mean I can't get the logic of this, it is like they are trying to make people go under and declare bankruptcy.

Bacchus November 9, 2007 - 8:42pm

The logic of this type of "banking" is called "rent-seeking". Banks fish for credit card customers, allow them to max out their cards and then prey on them when they can't pay. After they had made quite a catch, they then lobbied (wrote) the Bankruptcy Act (2005) to prevent people from just opting out. Now it's just short of "off to debtors' prison with you," and that's probably the next step if the prison industry has a say in it, too.

tjfxh November 9, 2007 - 9:51pm

I suspect the situation will go further then anyone is yet willing to contemplate. The monetary system is as much a part of the bubble as the economy built on it.

Hoover refused to increase the money supply to bail out the banks, but it left Roosevelt the solid foundation of a strong currency. This time the money is quicksand.

Revolution Happens

brodix November 10, 2007 - 2:19pm

when he refused to honor Britain's request to redeem three billion dollars of US gold certificates, allowing the currency to float. The rest is the dénouement of this drama of fiat currency inflating and loosing purchasing power. In 1971, it took $44 to buy an ounce of gold, now it takes over $830. Quite a decline in just a few decades.

BTW, did you know that prior to this, the balance of payments was figured daily and the gold bars were actually transferred from one vault to another. The vault was deep beneath the ground in the Fed building in Manhattan, and each vault had the name of a country over the door. A couple of guys with loaded the gold bars on a cart and shuffled it from vault to vault. They wore steel shoes in case a bar dropped. Very bizarre. I got a chance to see it in operation one day in 1960.

tjfxh November 10, 2007 - 4:07pm

It was essentially a gold based monetary sytem since the dawn of history and now it's a paper bubble that has been growing for forty years. Our reality is on the surface of that bubble.

brodix November 10, 2007 - 8:54pm

reason that story delights me.

Ian Welsh November 10, 2007 - 10:57pm

In a financial version of Night of the Living Dead, debts forgiven by bankruptcy courts are springing back to life to haunt consumers. Fueling these miniature horror stories is an unlikely market in which seemingly extinguished debts are avidly bought and sold.

The case of Van Rathavongsa illustrates how canceled debts regain vitality. The Raleigh (N.C.) factory worker pulled himself out from beneath a mountain of bills by means of a bankruptcy proceeding that wrapped up in 2002.

One of the debts the judge canceled,or "discharged," was $9,523 Rathavongsa owed to Capital One Financial, the big credit-card company. But Capital One continued to report the factory worker's discharged debt to credit bureaus as a live balance, according to documents filed in U.S. Bankruptcy Court in Raleigh.

This kind of failure by creditors to update credit reports happens with some frequency, consumer lawyers and court-employed bankruptcy trustees say. And it can have consequences: In September, 2003, when Rathavongsa tried to close on a $274,650 mortgage for a new house, his would-be lender, Wachovia, said he would either have to pay Capital One or show proof from the credit-card company that the debt had been discharged. Despite several calls and a letter from his attorney, he says, Capital One never revised the credit report. To obtain the home loan, Rathavongsa eventually did what many consumers in this situation do. He gave in and paid Capital One $9,523 he no longer legally owed.

Prisoners of Debt

http://mauberly.blogspot.com/

mauberly November 12, 2007 - 9:32am

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