Banking Law Part 4 Settlement of Bad Credit
Summary
TLDR本课程继续探讨银行法中关于债务结算和不良信用的问题。讲师首先回顾了银行活动、分类以及银行信用的基础知识,然后介绍了当客户无法偿还贷款时银行可以采取的两种程序:非诉讼程序和诉讼程序。非诉讼程序包括重新安排还款计划、重新调整信贷条件以及重组信贷结构。如果这些方法失败,银行可能会选择清算抵押物来解决债务问题。讲师强调,即使出现不良信用,银行也不能直接诉诸法庭,而必须首先尝试非诉讼程序,并通过书面通知警告借款人。如果借款人仍然拒绝履行合同义务,银行可以启动诉讼程序,最终由法官作出裁决。这个讨论对于理解合同的重要性、银行的责任以及借款人的责任至关重要。
Takeaways
- 📚 银行法课程继续讨论了债务结算和不良信用问题,重点在于如果客户无法偿还贷款,银行可以采取的法律程序。
- 💼 银行在处理不良信用时,首先应遵循非诉讼程序,包括重新安排还款计划、重新调整贷款条款或结构重组。
- 📉 重新安排(Rescheduling)涉及调整还款时间表,可能包括宽限期和还款金额的变更。
- 🔄 重新调整(Reconditioning)指的是改变贷款的一些或全部条款,如利率、利息的暂停以及其他要求。
- 🔧 结构重组(Restructuring)可能包括额外资金的注入、将利息转换为新的贷款或股权,以及寻找新的合作伙伴。
- 🏚 清算(Liquidation)是当债务人无法偿还债务时,银行可能会执行抵押物,如拍卖房屋,以解决债务问题。
- ⚖️ 如果非诉讼程序失败,银行和债务人可以通过诉讼程序解决争端,法院将作出具有约束力的判决。
- 🚨 在采取诉讼程序之前,银行必须先向债务人发出警告或书面通知,这是法律上的强制性要求。
- 🤝 银行和债务人之间的合同是解决争端的基础,即使出现不良信用,也必须遵守合同条款。
- 📝 银行在处理不良信用时,需要考虑自身的法律责任和债务人的信用可靠性。
- ⏰ 银行在考虑是否批准贷款申请时,会评估债务人的抵押物价值,确保其价值超过贷款金额。
- 📈 对于银行和债务人来说,理解整个债务处理流程和可能的法律后果是非常重要的。
Q & A
银行在处理不良信贷时有哪些非诉讼程序可以选择?
-银行在处理不良信贷时可以选择的非诉讼程序包括重新安排(rescheduling)、重新调整(reconditioning)和重组(restructuring)。这些程序旨在帮助债务人解决还款问题,避免直接进入诉讼程序。
重新安排(rescheduling)在银行处理不良信贷时具体指的是什么?
-重新安排是指银行与债务人重新协商贷款的还款计划,包括延长还款期限、宽限期以及调整还款金额。这是为了应对债务人暂时无法按照原定计划偿还贷款的情况。
什么是重新调整(reconditioning)?
-重新调整涉及对信贷条款的某些或全部变更,不仅仅是调整还款时间表,还包括利率、部分或全部利息的暂停以及其他要求。这是在债务人因特殊情况(如疫情)无法按原定金额偿还贷款时采取的措施。
重组(restructuring)在银行处理不良信贷中扮演什么角色?
-重组是指改变信贷的结构,可能包括增加资金、将部分或全部利息转换为新的信贷,或者将贷款转换为银行或其他方的股权。这通常用于帮助那些有潜力但暂时遇到困难的债务人继续生存和发展。
如果债务人无法偿还贷款,银行会采取什么措施?
-如果债务人无法偿还贷款,并且已经尝试了重新安排、重新调整和重组等非诉讼程序,银行可能会考虑采取清算(liquidation)措施,即通过拍卖或出售债务人的抵押物来收回贷款。
在采取法律行动之前,银行需要先进行什么步骤?
-在采取法律行动之前,银行需要先进行非诉讼程序,包括向债务人发出书面通知(somasi),给予债务人改正违约或履行合同的机会。如果债务人不接受通知或不履行义务,银行才能进一步采取诉讼程序。
如果债务人对银行采取的措施有异议,他们可以通过什么途径解决?
-如果债务人对银行采取的措施有异议,他们可以通过诉讼程序将争议提交至法院,由法官作出裁决。法院的裁决对双方都具有约束力,必须遵守。
银行在处理不良信贷时,为什么要首先尝试非诉讼程序?
-银行首先尝试非诉讼程序是因为这样可以节省时间和成本,避免法律诉讼可能带来的漫长过程和不确定性。此外,非诉讼程序有助于维护银行与客户之间的关系,可能找到双方都可接受的解决方案。
在银行贷款合同中,什么情况下会构成违约(default)?
-在银行贷款合同中,当一方未能履行合同中的义务,例如未能按时偿还贷款或利息,或者未能遵守合同中的其他条款时,就会构成违约。
什么是抵押物(collateral)?在银行贷款中它扮演什么角色?
-抵押物是债务人为确保贷款偿还而提供的财产,如房屋或汽车。在银行贷款中,如果债务人未能偿还贷款,银行有权执行抵押物,通过拍卖或出售来收回贷款。
在银行贷款中,债务人和银行分别有哪些责任和义务?
-在银行贷款中,债务人有责任按照合同约定偿还贷款本金和利息。银行的责任则是在贷款前评估债务人的信用状况和抵押物价值,并在贷款期间监督贷款的使用情况。
银行在什么情况下可以不经过非诉讼程序直接进入诉讼程序?
-如果债务人在接受书面通知后仍拒绝履行合同义务,或者债务人明显无法履行合同,银行可以不经过非诉讼程序直接进入诉讼程序,寻求法律途径解决问题。
Outlines
📚 银行法课程:债务结算与不良信用
本段介绍了银行法课程中关于债务结算和不良信用的讨论。讲师首先回顾了上一次课程中关于银行活动、分类以及信贷的内容,然后引入了当信贷结算出现问题时,如客户无法偿还债务,银行可以采取的两种程序:非诉讼程序和诉讼程序。非诉讼程序包括直接与客户沟通解决问题,而诉讼程序则涉及法院介入。讲师强调了在采取诉讼程序之前,必须先尝试非诉讼程序,并且如果一方未能履行合同中的义务,可能会构成违约。此外,还提到了侵权行为,即没有合同基础但因一方的行为而使另一方获得经济利益的情况。
💼 非诉讼程序与债务重组
这一段深入探讨了银行在面对不良信贷时可以采取的非诉讼程序。首先,如果债务人未能履行债务,银行会发出警告,这是法律上的强制性要求,被称为'omasi'。如果警告后债务人仍不履行义务,银行可以采取缓解措施。这些措施包括重新安排还款计划、重新调整信贷条款,如改变还款时间表、利率等,以及债务重组,这可能包括增加资金、将部分利息转换为新信贷或股权等。这些措施旨在帮助债务人继续生存并最终偿还债务。
🏛 诉讼程序与债务清算
在这一段中,讲师讨论了当非诉讼程序无法解决问题时,银行可能会采取的诉讼程序。这包括了债务清算,即银行可能会拍卖债务人的抵押物,如房产或汽车,以收回债务。讲师提到,即使债务人不愿意合作,银行也有权利通过法律程序来执行抵押物的清算。如果债务人对银行提出的解决方案持有异议,双方可以通过法院来解决争议,法院的判决将是最终的解决方案。讲师强调了遵守合同的重要性,并且即使存在不良信贷,银行也不能直接将债务人告上法庭,而必须首先进行非诉讼程序。
📝 银行责任与信贷承诺
最后一段强调了了解银行责任和个人在信贷贷款中的责任的重要性。讲师提醒听众,尽管面对不良信贷,银行和债务人都需要遵守合同条款。讲师还提到,如果债务人不遵守合同中的承诺,银行在采取非诉讼程序和书面通知后,可以诉诸法院。法院的判决是具有约束力的,不遵守可能导致进一步的法律后果。讲师鼓励听众继续关注并尽力理解讨论内容,并以感谢和祝福结束讲话。
Mindmap
Keywords
💡债务结算
💡不良信用
💡非诉讼程序
💡诉讼程序
💡违约
💡侵权行为
💡重组
💡清偿
💡抵押
💡书面通知
💡法官裁决
Highlights
讨论了银行法中关于债务结算或不良信用的问题
介绍了银行活动、分类以及银行信用的基础知识
解释了客户和银行之间的贷款关系以及还款义务
如果出现不良信用,银行可以采取的两种程序:非诉讼程序和诉讼程序
非诉讼程序包括重新安排还款计划和条件变更
诉讼程序意味着通过法院解决争议
在采取法律行动前,必须先发出警告或通知
介绍了“omasi”这一印尼法律概念,即在诉讼前必须发出警告
如果非诉讼程序失败,银行可以采取减损措施
重新安排可能包括延长还款期限
重新调整可能涉及改变利率和还款条件
重组是改变信贷结构,可能包括额外资金或将利息转换为股权
如果债务人无法偿还债务,银行可能会考虑清算抵押品
清算是将抵押品拍卖,用以偿还债务
如果债务人对抗银行的解决方案,可能需要通过诉讼程序解决
法院的判决对债务人和债权人都是有约束力的
强调了合同的重要性以及在不良信用情况下的法律程序
提醒注意银行的责任和个人在信贷贷款中的可靠性
Transcripts
welcome back to business law
course and this is the continuation of
the banking law topic
still with me your lecturers generally
speaking
and for this part we are going to
discuss
about the settlement
of that
debts or bad credit
in banking
as the previous meeting
we we have learned about
the activities of the banking
and then the classification
and also we talk about the credit in the
bank and now we're talking what if
there is a problem in the conduction
of the settlement in a credit
let's say that the customer here
and the bank has spawned themselves
to one uh to each other
that the customer here
as the adapter
has an obligation upon the bank for the
money 100 million for example this is a
loan
and the money will be should be returned
back and
repaid back in three years for example
uh and also paid with interest but after
one years let's say that there is a
bad credit that the debt third cannot
pay the money anymore
well then there are several uh
process that you if you are the
entrepreneurs that's the bank
can follow uh
based on the perspective of law yeah
there are some
procedures you could follow and we
distinguish the procedure into two
classification
the first one is the non litigation
procedure second one
is the litigation or litigative yeah
litigation procedure every time you
read or hear hear about litigation
the word litigation means the procedure
in the court so doing the cases or
settle the cases
in the court so we let the judges to
settle
who is right who is wrong
so if litigation means the procedure in
the courts and non-litigation it means
the settlement out of the core
firstly you have to follow the
non-litigation
process first in civil law
in business laws especially
you cannot just directly sue the adapter
to the litigation process you cannot
just directly go to the court
when there is a bad debt the law said
if someone is committed to a negligence
or a failure in doing their performance
in the contract
or maybe in the business they do some
things that bring this advantage to the
others which is called
tort for example in thor for example
so if you are the one who get this
advantage because of the thor
or because of this one there is a
contract and one of the party cannot do
the contract the obligation in the
contract which is
if we already run it's event of default
right
so the the problem in the business can
be because of default which is one of
the party
do not do their performance in the
contract
or maybe because of thor the difference
is
in tor there is no contract as the basis
of the zoo
but the action is the basis for example
uh someone is building
a house on your land let's say that it's
happened so there is no contract between
you and
the ones but because his action is
bringing you this advantage economically
because that land is sweated
economically for you
so then it is a thought in indonesia we
call it
based on article 1365
indonesian civil code
so whether it is less untoward or before
everybody who is committed to the devil
or thor
when someone is is in this situation
upon you
yeah someone is devolved upon you or
maybe they are doing a tort against you
so the law said they must be worn first
you must give some warning before you go
to the
court that's mandatory because
if the ones do the default or the
torque and then directly you should to
the chord the chord will say
this lawsuit is perimeter well it's
premature because
you you you have not
give some warns warning to the
the defendants so you have to follow
this one
this is the one that we recognize in
indonesia as somasi
so you have to do this omasi first and
even after the zomasi has been
given the defendant doesn't want to pay
or doesn't want to
do their obligation then you can go to
the mitigation process
especially in banking there are several
types of non-litigation process one of
them
is rescheduling
so rescheduling means uh that only
related to the schedule of
payment and or a period of time
including the grace period
and the chance to the amount uh credit
uh repayment so here when
when the doctor failed to pay the
the installment usually the bank will
call the
adapter and they will discuss why
and what's the reason then they will try
to find a solution
and one of the solution is rescheduling
so maybe
in the beginning the installment is for
five years
but because now in the pandemic for
example many
people is falling down
yeah the business actors are falling
down they cannot pay the installment in
the bank for example so
the bank can do the rescheduling so they
give
extension of duration of the payment for
example so this is one of the solution
this is one of the
uh settlement of the bad debt or bad
credits the the second one
is reconditioning
so the reconditioning is concerned on
the chance
of some or all of the terms of credit
that are not only confined
to chance the schedule payment not only
about the time but also the
the interest rates the suspension of
some or
all of the interest and other
requirements let's say in this corona
fury situation
some many debtors failed to pay their
installment to the bank for example
so the bank can do the reconditioning so
beside the rescheduling
they can also do reconditioning at the
same time for example
the credit is for five years with the
installment is 10 million
per month now because of the corona of
euros
many many business is
affected and many worker is affected by
the situation so maybe they failed to
pay 10 million per month
so the bank would call them what is the
problem and how much you can still pay
so this question so much you can still
pay this is reconditioning
and also the interest could be
decreased reduced from the regular
interest so maybe the bank will let you
to pay only 3 million
per month and the interest per month
will also be increased
but the duration become longer maybe
become
12 years so this is one of the solution
yeah
this is one of the solution this is one
of the settlement
so the scheduling conditioning
and the third one is restructuring
restructuring is a chance of the
structure of the credit
it could be including the additional
funding
or conversion all or part of interest in
become
a new credit and or ballot confession
all
or part of equity loans to bank or take
another party to add participation
so restructuring here it's focused on
the solution in helping the adapter
to keep on survive so let's say that the
the banks see that
actually the adapter is a very committed
percent
and also actually the idea of the
business is quite brilliant
but for one or two technical problems
the business is not going well for now
but the bank still believe that this man
could help it uh could make it in the
future
day so that it's it's open for an
opportunity that the bank
could even give more money mock loan
to the debtor to help them to rebuild
the business
and with the possibility of rebuild the
business then
the debtor could pay the money back to
to the bank as the creditor so
restructuring here is
to change the structure of the the loan
of the credit
or maybe the other
solution is to find another
additional fund uh from another
resources or maybe
to find a jointly uh adapter
so there would be another adapter to
to be joined with the existing adapter
so this is restructuring
and the third one is liquidation
remember when i told you last talk at
the last part of this topic of the
banking law
that one of the criteria that should be
assessed by the bank whether they
want to approve or reject your
application
is collateral right
if you want to asking or propose for 100
million to the bank i told you last
meeting the bank must make sure
that you have something worth it more
than 100 million
maybe your house maybe your car and that
would be the collateral the germinant in
indonesia
so this jamilan or this asset
which is yours it could be
executed if you fail to pay the credit
let's say that your debt already
rescheduled already reconditioned
already restructured but you still
cannot pay and the bank may be
considered at
no more no more chance for you and
the payment is always also redead so
the bank will do the liquidation as the
settlement to finish
the problems which is means the bank
will auction will sell your your
collateral your house for example
so they will offer it to the public in
an auctions
section so and then who will buy it and
then the money
there will be some money here let's say
that your house
is auction and then the price and its
auction is 150
well actually your debt to the bank
yeah still 70 something for example
maybe you already paid 30 million before
so this the 70
million plus the interest will be taken
from this 150 and the rest of them will
be given
to you as the adapter and
sometimes the doctor is a stubborn
adapter
they even do not want to be liquidated
or
they don't want to be reconditioned they
just don't want to pay
so sometimes the bank would also do this
one the somasi the warning
that they have to pay the the
credit the installment and
if this null litigation
is finite that log let's say that the
adapter
against the solution which is including
the
scheduling reconditioning restructuring
and liquidation so the debt that will
disagree
or the adapter do some uh
fight to against the actions that going
to be do
to be done by the bank so the board
parties can go
through the litigation process so they
can finish it to the court
and the court will make the settlement
with the verdict of the judges
so what will the verdict of the judges
on the case
so whether you are the doctor whether
you are the creditor this is very
important for you to understand
that everything again is best on the
contract
but remember even though there is a bad
credit
and you are the bank let's say one day
you are working in a bank or maybe you
establish a bank you cannot just
directly sue
uh the debtor to the court you have to
do
non-litigation procedure first as well
as
the the warning the uh
the written notification to the adapter
that if the notification is accepted and
then
press on the notification the adapter
then willing to
to do their obligation they want to
paste no problem right
so you don't you don't need to go to the
core then but if they still doesn't want
to follow
doesn't want to performs their their
obligation as they have committed in
their contract
then after that you can go to the court
and you can
let the judges to settle it and the
decision of the judges
which is the verdict of the judges is
binding
so everybody whether you or your or the
customer they should
do it if you don't do it you are
againsting the
record further and it can be a criminal
action
so that's what you need to know about
this this is very legal issue
yeah uh and also you have to pay
attention on what is the bank liability
and what is your reliability when you
commit it to a credit loan in bank
so after this we are going to discuss
one more talk
one more supper back i hope you still
can keep it up
and try your best to understand the
discussion
thank you god bless
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