Luc Buitelaar is working on a dissertation with the working title 'Non-performing loans'.
My PhD research deals with the transfer of non-performing loans to non-banks. Briefly, these concern bank loans where
the debtor is either more than 90 days in arrears or the debtor is unlikely to be able to meet its payment obligations. Such loans may confront banks with stricter capital requirements. The European Union adopted a directive in late 2021 that aims to create a uniform European framework to make it easier for banks to sell NPLs to non-banks, such as investors. Besides promoting a secondary market for NPLs, this directive also aims to protect the interests of borrowers. These interests may conflict with each other and this is what I examine in my dissertation. For example, I examine what duty of care banks have when they transfer these loans to non-banks and to what extent the duty of care may restrict the acquiring non-bank from exercising creditor powers, such as the enforcement of collateral, increasing interest or claiming the credit due.