Insolvency / Liquidation

Prescription, Procrastination, and Personal Liability for Corporate Debts

“I have heard that in war, haste can be folly, but have never seen delay that was wise.” (Sun Tzu, The Art of War) Collecting

When Liquidation is Inevitable: A Bad Faith Business Rescue Application Backfires

“If you’re flogging a dead horse, make sure you’re not riding it.” (Josh Stern) Creditors and company directors alike need to know how best to

What Can You do When a Director Deadlock is Killing Your Company?

“Diplomats operate through deadlock, which is the way by which two sides can test each other’s determination.” (Henry Kissinger) Running a business with a partner

Ponzi Schemes: Can Liquidators Claw Back 600% of Payouts?

“MTl’s business clearly amounted to an unlawful ponzi-scheme, i.e. a fraudulent investing scam promising high rates of return to investors and generating returns for earlier

Creditors: How to Secure Your Claim with a Notarial Bond

You should always take as much security for your claims as you possibly can before advancing credit or lending money to a debtor. That’s because

Debtor Not Paying? Consider a Liquidation Application

“When debtors once have borrowed all we have to lend, they are very apt to grow shy of their creditors’ company” (John Vanbrugh) Bad debt

Directors, Creditors – Do Personal Suretyships Survive Business Rescue?

“Creditors have better memories than debtors” (Benjamin Franklin) In these hard times of pandemic and economically destructive unrest, an unfortunate number of businesses face collapse,

Bodies Corporate: Before You Sequestrate to Recover Arrears…

“Bankruptcy – a fate worse than debt” (Anon) One of a Body Corporate’s fundamental duties is to collect monthly levies from the scheme’s members, and

Buying a Business? Make Sure the Seller Publishes Notice of the Sale

“The purpose of the legislature in enacting s 34(1) is to protect creditors by preventing traders who are in financial difficulty from disposing of their