Critical analysis of protection of secured creditors against debtor's fraud in commercial recoveries under Rwandan law.

Abstract

ABSTRACT This Creditor protection has long been taken for granted as a benefit of the creditor. While securities can provide creditor protection, the protection is not complete, nor is it available in all cases. Sometimes the security cannot be affected, can diminish, can be intentionally destroyed or disposed in any maliciously way leaving the creditor at the mercy will of the debtor.

Therefore, this paper reviews the limitations of this creditor protection to secured creditors and how secured creditors are protected during the commercial recoveries under Rwandan laws. This is majorly focusing on ordinary commercial recovery. Indeed, when one looks at all Rwandan laws regulating such legal arena, they do offer several options as forms of protection to secured creditors, nonetheless the most among the options offered remains sell of the mortgage or pledge of which this doesn’t not guarantee protection to a secured creditor utmost. Hence this paper tackles proposes mechanisms on how secured creditors are protected from fraudster debtors during commercial recoveries while making reference to particular case laws and doctrines.