Comprehending and resolving the challenges of the Nigerian insolvency law in practice: the performance improvement approach
Adebola, B.
It is advisable to refer to the publisher's version if you intend to cite from this work. See Guidance on citing. Abstract/SummaryMeaningful legal change requires the transformation of the law in practice, a dimension that has received limited attention in existing insolvency scholarship. A critical aspect of insolvency law in practice is the regulation of insolvency practitioners, who are often blamed for the failure to deliver on the objectives of the law. The paper argues that charge may be misplaced and regulatory responses such as training and barriers to entry too narrow as responses. It asserts that the challenges of practice should be identified through systematic and systemic investigations informed by relevant data. For that reason, it proposes the use of performance improvement frameworks as investigative tools. It demonstrates their utility through an application to the Nigerian context. By offering a structured, inclusive, and data-driven approach, the paper provides a valuable tool that can be used in any jurisdiction to advance research and policy in this emerging aspect of insolvency scholarship.
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