Debt Recovery Research Papers - Academia.edu (original) (raw)

The law on money-lending was enacted in Nigeria to curb the exploitation of innocent and desperate borrowers, but it has since worked to create hardship for innocent lenders in recovering their loans. This work aims to first establish that there are innocent lenders, it also examines ways in which innocent lenders can escape the harsh provisions of the law, and lastly, the article accentuates its argument by looking at a recent judgement involving money lending law, and showing ways in which the remedies suggested by this article would have swayed the mind of the court otherwise INTRODUCTION The Nigerian Government is working tirelessly to revitalize and revamp the economy1, and has rightly recognized that in a nation large population as Nigeria, the way forward is SMEs2 , and that it is necessary to create an enabling environment for these SMEs. One way to do this is to create avenues for the SMEs to access credit facilities. The micro finance banks have not fared too well in this regard3 and SMEs have had to depend largely on traditional sources of funds such as friendly loans from family members and friends.

- by
- •
- Debt Recovery

The offence of rape is a canker which has permeated our society and has in recent times gained notoriety as one of the issues of great concern to all and sundry. The desire to fight the offence has led to a judicial attempt to expedite the trial of the offence of rape. In doing so, the courts have in some instances bent the rules regulating the trial of the offence. If care is not taken, the judiciary would end up sacrificing the law on the altar of expediency. Such was the situation in the Richard Banousin v. The Republic when the Court of Appeal had to decide inter alia on whether the offence of rape can be tried summarily. This article examines the decision of the court in respect of this issue and submits that the court erred on law.

- by Reindorf Twumasi Ankrah
- •
- Criminal Law, Jurisprudence, Constitutional Law, Tax Law
- by Aqa Raza
- •
- Finance, Law, Comparative Law, Debt Recovery

The rationale for this Research work is to establish the relationship between economic growth, external debt and internal debt in Nigeria. Debt has become inevitable phenomenon in Nigeria, despite its oil wealth. This paper therefore is set to investigate the empirical analysis of the impact of external debt and internal debt on economic growth in Nigeria between 1986-2013 through the application of Ordinary least square method to establish a simple relationship between the variables under study, Granger causality test of causation between GDP, external debt and domestic debt, chow break point. the results of Causality test suggest that there is a bi-directional causation between external debt and GDP while no causation existed between domestic debt and GDP as well no causation existed between external debt and domestic debt. Also the chow break point test revealed that there are no breaks at specified breakpoints in the variables. The results of OLS also revealed that external debt possessed a negative impact on economic growth while internal debt has impacted positively on economic growth (GDP). A major policy implication of this result is that concerted effort be made by policy makers to manage the debt effectively by channelling them to productive activities (real sector) so as to increase the level of output in Nigeria, hence achieving the desire level of growth.

The debt restructuring agreement is a flexible instrument governed by law as a means of recovery. The company in crisis uses it when it wants to reduce its debt exposure and attempt consolidation. The article, in the light of the new Italian law on the crisis and insolvency of the company, examines the institution as a particular agreement, therefore as an act of contractual autonomy, which however requires the consent of a number of creditors and a necessary relationship of a professional who certifies its viability.

Bodies Corporate need the lifeblood of levies to operate. If a difficult lot owner does not pay, then this will impact the entire community. This eBook explains the body corporate debt recovery process in Queensland.

- by Stonegate Legal
- •
- Civil Law, Legal, Debt Recovery
- by George Flint
- •
- Loans, Debt Recovery, Collateral, chattel mortgage

A summary of the debt recovery process in Malaysia

- by Judy Lim Pek Eng
- •
- Civil Litigation, Debt Recovery

Birçok hukuk sisteminde gerçek kişilerin borçlarının tasfiyesi ya da diğer adıyla tüketici iflâsı konusunda özel bir usul öngören düzenlemeler mevcut. Türk hukukunda ise bu konuda müstakil bir usul bulunmuyor ve konu bugüne kadar yeterince tartışılmış da değil. Her ne kadar tacir olmayan gerçek kişiler de konkordatoya başvurabiliyor ise de konkordato daha ziyade tacirler dikkate alınarak düzenlenmiş hükümlerden oluşan bir müessese. Bunun bir sonucu olarak tacir olmayan gerçek kişiler bakımından oldukça masraflı ve meşakkatli.
Tacirler için olduğu gibi tacir olmayan gerçek kişiler için de müstakil bir borç tasfiye usulüne ihtiyacımız olduğu düşüncesi bu çalışmanın çıkış noktasını oluşturdu. Bu sayede borçlarını tamamen ödemesi mümkün olmayan ve gün geçtikçe daha çok borçlanan gerçek kişiler belli bir usul çerçevesinde borçlarının en azından bir kısmını ödeyerek ve önceden belirlenmiş bazı yükümlülüklere riayet ederek kalan borçlarından kurtulabilecekler. Böyle bir usulün sadece borçlu ve alacaklılar bakımından değil, borçlunun ailesi ve toplum için de olumlu sonuçlar doğuracaktır.

- by Varol Karaaslan
- •
- Consumer Bankruptcy, Debt Recovery

From the 1970's Nigeria has battled with foreign debt and has taken great effort to manage her debt. In 2005, Nigeria recorded landmark relief after extensive negotiation that freed her from $30 billion in foreign debt owed to the Paris Club of Creditors. The rhetoric used to pursue this debt relief deal was that the Countries of the West were complicit in the accumulation of this debt. This view point argues that most of Sub-Saharan Africa suffered the bitter throes of slavery and colonialism and their economies are still dependent on advanced capitalist economies in what many African scholars describe and dub "Neo Colonialism". This viewpoint has however attempted to absolve African Nations of the blame for high debt build up and indebtedness and shifts the blame to the Bretton Wood institutions and other International Finance organizations. In the case of Nigeria, a careful consideration of the huge income that accrues to the nation though the sale of crude oil and the Internally Generated Revenue from taxes and other tariffs presents a paradox of sorts. The paradox is, how a nation so obviously endowed, continually struggles with debt can and constantly go cap in hand seeking debt relief when her debt situation gets out of hand. This paper proffers looking inward and addressing monsters like corruption, waste in public office, flawed electoral processes, misplaced priorities in the development and execution of projects and a poor maintenance culture. Though it can be argued that the Nigerian Government has identified corruption for instance as a challenge and established anti-graft agencies to stem the tide of corruption, it has tended to pay lip service to tackling corruption and the anti-graft agencies have often been accused of being instruments for the witch hunt of political enemies. The corruption and waste in public office has however tended to enrich a few people, creating a deficit and diverting much needed resources, hence creating a need to borrow. Nigeria must intently and deliberately look inward in its bid to solve its debt debacle.

- by Ubong Essien
- •
- Economic History, External Debt, The Politics of Debt Relief, Debt Recovery

We are specialize in business debts, unpaid invoices, personal and corporate debts, unpaid loans, Magistrates Court, small claims QCAT, enforcing money orders, letter of demand, statutory demands, insolvency, liquidation, and bankruptcy.

- by David Oliver
- •
- Debt Collection, Debt Recovery, enforcement warrant