Category

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 deal with a company in financial distress. Both should learn to recognise the difference between […]

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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 can work brilliantly – until it doesn’t. When co-directors or shareholders fall out and can […]

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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 investors with investments taken from later investors.” (Extract from the MTI judgment) Recent media reports […]

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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 if your debtor fails and is “liquidated” (if a corporate) or “sequestrated” (if an individual), […]

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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 is a major issue for many businesses in these hard economic times – not taking […]

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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, and many will opt for the “first aid for companies” option of business rescue.    […]

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