Debt Mediation

This is video four in a four part series that explains farm debt mediation in NSW. This video discusses the role of the mediator, how parties can mediate effectively, and the types of agreements that might be negotiated during the mediation. It also explains the next steps after a satisfactory mediation, including the certificate issued and appeal mechanisms. More information is available from the NSW Rural Assistance Authority’s website (https://www.raa.nsw.gov.au/) or a NSW Rural Financial Counsellor.

Are you an over-indebted consumer who has been put under administration? If you are under administration you need to be aware of unscrupulous administrators who abuse the process by taking advantage of you. The Credit Bureau says more than two point seven million consumers have judgments or administration orders against their names.
So what does this all mean for a consumer who has landed themselves in this whole thing? let’s speak to Chief Executive Officer of National Debt Mediation Association Magauta Mphahlele.

2018-05-16 – Farm Debt Mediation Bill – First Reading – Video 4

Barbara Kuriger

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This is video two in a four part series that explains farm debt mediation in NSW. This video focuses on how to prepare for the mediation. It explains the benefits of preparing well, and the information and assistance that is available. It also explains the role of the mediator, the effect of a satisfactory mediation, the statutory cooling off period for each mediation agreement, and appeal mechanisms.

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National Debt Mediation Association assists debt counsellors and debt-stressed consumers to reach consensus regarding the rearrangement of debt with credit providers. Joining us now on the state of debt resolution in South Africa as we head towards the Christmas season is Magauta Mphahlele, CEO of the National Debt Mediation Association.

How a KZN entrepreneur ventured into debt mediation
Sabelo Thusi says being in business can be challenging and lonely, but with passion, you are likely to succeed Sabelo Thusi, an entrepreneur from Pietermaritzburg in KwaZulu-Natal, aspires to help ind…

Debt is a common part of life. However, not every consumer has been behind on their debts to a point wherein a collector is reaching out to you. The moment a debt collector tries to get in contact with you, you might feel intimidated, even scared. How do you deal with them? Or is your debt at such a significant point that a third-party collecting agency is called in for collecting payments to your debt? You can get free advice from debt mediators about how to deal with the situation.

For more information, visit their website at: http://www.debtmediators.com.au

What is DEBT RESTRUCTURING? What does DEBT RESTRUCTURING mean? DEBT RESTRUCTURING meaning – DEBT RESTRUCTURING definition – DEBT RESTRUCTURING explanation.

Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license.

Debt restructuring is a process that allows a private or public company, or a sovereign entity facing cash flow problems and financial distress to reduce and renegotiate its delinquent debts in order to improve or restore liquidity so that it can continue its operations.

Replacement of old debt by new debt when not under financial distress is called “refinancing”. Out-of-court restructurings, also known as workouts, are increasingly becoming a global reality.

A debt restructuring, which involves a reduction of debt and an extension of payment terms, is usually a less expensive alternative to bankruptcy. The main costs associated with debt restructuring are the time and effort negotiating with bankers, creditors, vendors, and tax authorities.

In the United States, small business bankruptcy filings cost at least $50,000 in legal and court fees, and filing costs in excess of $100,000 are common. By some measures, only 20% of firms survive Chapter 11 bankruptcy filings.

Historically, debt restructuring has been the province of large corporations with financial wherewithal. In the Great Recession that began with the financial crisis of 2007–08, a component of debt restructuring called debt mediation emerged for small businesses (with revenues under $5 million). Like debt restructuring, debt mediation is a business-to-business activity and should not be considered the same as individual debt reduction involving credit cards, unpaid taxes, and defaulted mortgages.

In 2010 debt mediation has become a primary way for small businesses to refinance in light of reduced lines of credit and direct borrowing. Debt mediation can be cost-effective for small businesses, help end or avoid litigation, and is preferable to filing for bankruptcy. While there are numerous companies providing restructuring for large corporations, there are few legitimate firms working for small businesses. Legitimate debt restructuring firms only work for the debtor client (not as a debt collection agency) and should charge fees based on success.

Among the debt situations that can be worked out in business-to-business debt mediation are: lawsuits and judgments, delinquent property, machinery, equipment rentals/leases, business loans or mortgage on business property, capital payments due for improvements/construction, invoices and statements, disputed bills and problem debts.

In a debt-for-equity swap, a company’s creditors generally agree to cancel some or all of the debt in exchange for equity in the company.

Debt for equity deals often occur when large companies run into serious financial trouble, and often result in these companies being taken over by their principal creditors. This is because both the debt and the remaining assets in these companies are so large that there is no advantage for the creditors to drive the company into bankruptcy. Instead the creditors prefer to take control of the business as a going concern. As a consequence, the original shareholders’ stake in the company is generally significantly diluted in these deals and may be entirely eliminated, as is typical in a Chapter 11 bankruptcy.

Debt-for-equity swaps are one way of dealing with sub-prime mortgages. A householder unable to service his debt on a $180,000 mortgage for example, may by agreement with his bank have the value of the mortgage reduced (say to $135,000 or 75% of the house’s current value), in return for which the bank will receive 50% of the amount by which any resale value, when the house is resold, exceeds $135,000.

A debt-for-equity swap may also be called a “bondholder haircut”. Bondholder haircuts at large banks were advocated as a potential solution for the subprime mortgage crisis by prominent economists:

Economist Joseph Stiglitz testified that bank bailouts “are really bailouts not of the enterprises but of the shareholders and especially bondholders. There is no reason that American taxpayers should be doing this”. He wrote that reducing bank debt levels by converting debt into equity will increase confidence in the financial system. He believes that addressing bank solvency in this way would help address credit market liquidity issues.