In a recent ruling by the Pretoria High Court in the case of Macneil Plastics (Pty) Ltd v Van Den...
Understanding Dispositions Made In Business Rescue and Liquidation: The Macneil Plastics Case
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Debt Collection Articles
Navigating Business Rescue and Liquidation: The PFC Properties Case Explained
Unpack the Supreme Court of Appeal’s decision in PFC Properties (Pty) Ltd V Commissioner, SARS, highlighting the critical distinctions between business rescue and liquidation, and the legal ramifications of misusing business rescue procedures under South African law.
Limpopo High Court Rules on Company Winding-Up
Explore the Limpopo High Court ruling in Rooplal N.O vs. Rezevation 4-2 Communication CC, a critical case on the winding-up of companies due to financial insolvency under South African law. Understand the legal standards for commercial insolvency and its impact on businesses.
Understanding Dispositions Made In Business Rescue and Liquidation: The Macneil Plastics Case
In a recent ruling by the Pretoria High Court in the case of Macneil Plastics (Pty) Ltd v Van Den Heever No and Others (2024 (1) SA 468 (GP)), clarity was provided on the interplay between liquidation and business rescue proceedings. This case highlights the...
Navigating Business Rescue and Liquidation: The PFC Properties Case Explained
Unpack the Supreme Court of Appeal’s decision in PFC Properties (Pty) Ltd V Commissioner, SARS, highlighting the critical distinctions between business rescue and liquidation, and the legal ramifications of misusing business rescue procedures under South African law.
Limpopo High Court Rules on Company Winding-Up
Explore the Limpopo High Court ruling in Rooplal N.O vs. Rezevation 4-2 Communication CC, a critical case on the winding-up of companies due to financial insolvency under South African law. Understand the legal standards for commercial insolvency and its impact on businesses.
Is a Surety’s Liability Limited to the Initial Credit Agreement? Insights from Actisol 145 CC v Seryt Tyres
Gain critical insights from the Gauteng High Court case, Actisol 145 CC v Seryt Tyres, addressing the extent of a surety’s liability in credit agreements. This pivotal judgment, led by Judge Nkutha-Nkontwana, explores whether a surety’s obligation is confined to the initial credit limit or extends to the actual debt incurred. Uncover the legal intricacies, the court’s decision, and its implications for sureties in business credit facilities
When Your Biggest Client Doesn’t Pay: 8 Critical Steps to Protect Your Business
As a business owner, dealing with unpaid invoices can be both frustrating and financially damaging, especially when the client in question is your biggest one. Navigating this situation can be challenging, but taking proactive measures can help protect your business...
ABC’S (ALWAYS BE COLLECTING) – REASONS WHY DEBTOR’S MANAGEMENT IS A FULL TIME JOB
One thing that really stands out in my experience as a debt collection attorney, is that debtors almost always settle the outstanding debt if the debts are demanded whilst it is still fresh. This means that the older the debt you are attempting to collect, the smaller...
The Truth About Debt Review
The miracle of debt review is widely portrayed as an “easy escape” by debt counsellors in South Africa. Is it really as magnificent as it seems? Or are debt counsellors selling you a dream? Discover the truth about debt review in this tell-all article.
What Should You Do If The Sheriff Threatens To Remove Assets
John has a big problem. He is living in a fully furnished flat that he is renting. The furniture in the flat is not his but belongs to his landlord. Some time ago, John made a series of bad choices that led to a few judgments being granted against him. John calls his...
Why you need an acknowledgement of debt in place with your debtor
If you have been forced to make arrangements with your clients and have them pay off an account instead of settling it once off, get an acknowledgement of debt. This serves as a contract and will have all the payment terms in. Interest rates, payment amount, pay date, banking details, terms for when they default, etc.