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

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

by Guthrie Colananni Attorneys | Sep 25, 2025 | Business Rescue, Insolvency / Liquidation

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

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

by Guthrie Colananni Attorneys | Jul 28, 2025 | Company / Corporate / Compliance, Insolvency / Liquidation

“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 no...
Ponzi Schemes: Can Liquidators Claw Back 600% of Payouts?

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

by Guthrie Colananni Attorneys | Feb 26, 2024 | General Interest, Insolvency / Liquidation

“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)...
Creditors: How to Secure Your Claim with a Notarial Bond

Creditors: How to Secure Your Claim with a Notarial Bond

by Guthrie Colananni Attorneys | Sep 27, 2022 | Debt Recovery, Insolvency / Liquidation

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), without security you will...
Debtor Not Paying? Consider a Liquidation Application

Debtor Not Paying? Consider a Liquidation Application

by Guthrie Colananni Attorneys | Feb 23, 2022 | Debt Recovery, Insolvency / Liquidation

“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 robust steps to collect it could...
Directors, Creditors – Do Personal Suretyships Survive Business Rescue?

Directors, Creditors – Do Personal Suretyships Survive Business Rescue?

by Guthrie Colananni Attorneys | Jul 27, 2021 | Company / Corporate / Compliance, Insolvency / Liquidation, Litigation

“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...
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