Debt Recovery Management notes

DEBT RECOVERY MANAGEMENT         

 

COMPETENCE

This paper is intended to equip the candidate with knowledge, skills and attitudes that will enable him/her to effectivelyapply insolvency laws in debt recovery and management of debt recovery work for a range of customers in line with legal, regulatory and industry frameworks.

 

LEARNING OUTCOMES

A candidate who passes this paper should be able to:

  • Employ insolvency proceedings for recovery of debts effectively.
  • Advise on recovery of debts under partnerships dissolution.
  • Evaluate viability of recovery of debts through cross border insolvencies.
  • Evaluate commercial viability in closure of credit obligations.
  • Assess the options available in the recovery of debts.
  • Prepare for selected debt recovery actions and manage debt recovery procedures and processes

 

CONTENT

1.            Insolvency regimes and legal framework.

1.1       Natural persons

1.2       Partnerships

1.3       Corporations – Artificial persons

1.4       Cross-border insolvencies

1.5       Debt (Summary Recovery) Act- Highlights

1.6       Auctioneers Act- Highlights

2.            Insolvency of Natural persons

2.1       Meaning – Insolvency and bankruptcy

2.2       Nature of bankruptcy

2.3       Bankruptcy proceedings

2.4       Rights of creditors

2.5       Consequences of bankruptcy

2.6       Discharge of a bankrupt

 

  1. Alternatives to bankruptcy

3.1       No asset procedure

3.2       Summary Instalments order

3.3       Voluntary Arrangements

3.4       Proposal to Creditors

 

4.            Dissolution of Partnerships

4.1       Break-up of a partnership and its effects of break-up

4.2       Restriction of ceasing to be a partner on or after break-up

4.3       Protection of property acquired after break-up

4.4       Winding up partners

4.5       Distribution of partners’ assets on winding up

4.6       Dissolution of a partnership which has broken up

4.7       Appointment of the administrator and provisional liquidator

4.8       Power of court to fix remuneration of receivers and managers

4.9       Appointment of a receiver as liquidator

4.10     Provisions relating to receiver or manager appointed

5.            Corporate Insolvency

5.1       Meaning of corporate insolvency

5.2       Receivership

5.3       Types of liquidation – Members’ voluntary, Creditors Voluntary and Liquidation court order

5.4       Official receiver/liquidator

5.5       Committee inspection

5.6       Distribution of assets and priority of claims

 

6.            Debt Management via Arbitration

6.1       Interpretation of arbitration – Domestic and international arbitration

6.2       Appointment and discharge of an arbitrator

6.3       Conduct of Arbitral proceedings

6.4       Arbitral award and its enforcement

6.5       Other ADR mechanisms – Mediation, Negotiation and conciliation

 

7.            Cross-border insolvencies

7.1       Model Law on cross-border insolvencies

7.2       United Nations Commission on International Trade Law (UNCITRAL) legislative guide on insolvency law

7.3       Principles for effective Insolvency & Creditor/debtor regimes – World Bank

 

8.            The Auction Process

8.1       Meaning

8.2       Understanding the Auction process

8.3       Complaints against the auctioneers

8.4       Rights to recover damages from Auctioneers

8.5       Appeals handling

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