In a recent ruling by the Pretoria High Court in the case of Macneil Plastics (Pty) Ltd v Van Den...
Debt Prevention 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
The Cold Hard Truth About Debt Review
When struggling with mounting debt, many people seek help in the form of debt review or debt counselling. While this may seem like a fool-proof solution to financial distress, it is essential to understand the realities of the process before diving in. The Cold Hard...
Debt Review Upliftment versus Rescission of a Debt Review Court Order
There are two ways to exit the debt review process, namely Rescission of Judgment, or an Application for Upliftment of the Debt Review.
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...
IS THERE ANY WAY TO EXIT DEBT REVIEW AFTER THE COURT HAS GIVEN AN ORDER
Jenny and her husband, to whom she was married in community of property, entered debt review five years ago and since, a Court order in terms of Section 86(7)(c)(ii) granted. Jenny and her husband, has since gotten divorced and a settlement agreement entered into...
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.