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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...
Bodies Corporate: Before You Sequestrate to Recover Arrears…

Bodies Corporate: Before You Sequestrate to Recover Arrears…

by Guthrie Colananni Attorneys | Jun 28, 2021 | Debt Recovery, Insolvency / Liquidation, Property

“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 to take robust action to recover any arrears. As with any other creditor/debtor relationship however, trying to...
Proving Your Claim in a Liquidation or Sequestration – When You Should, and When You Shouldn’t

Proving Your Claim in a Liquidation or Sequestration – When You Should, and When You Shouldn’t

by Guthrie Colananni Attorneys | Dec 1, 2020 | Debt Recovery, Insolvency / Liquidation

“A small debt produces a debtor; a large one, an enemy” (Publilius Syrus, Roman writer) You are owed money by a debtor, whose “insolvent estate” is “sequestrated” (in the case of an individual or trust) or “liquidated” (in the case of a company or other...
When is a Debtor “Insolvent”? A Case of Arrear Maintenance Illustrates

When is a Debtor “Insolvent”? A Case of Arrear Maintenance Illustrates

by Guthrie Colananni Attorneys | Dec 1, 2020 | Debt Recovery, Family Law, Insolvency / Liquidation

“To my mind the best proof of solvency is that a man should pay his debts” (quoted in the judgment below) If you are owed maintenance you have a variety of enforcement options open to you and should ask your lawyer for advice on which is the best for your particular...
Your Body Corporate and Arrear Levies: To Sequestrate or Not To Sequestrate?

Your Body Corporate and Arrear Levies: To Sequestrate or Not To Sequestrate?

by Guthrie Colananni Attorneys | Dec 1, 2020 | Debt Recovery, Insolvency / Liquidation, Litigation, Property

“…aye, there’s the rub” (Shakespeare) Levies are the lifeblood of a sectional title scheme, and the Body Corporate has a duty to recover arrears from defaulting owners. It has the power, in addition to following standard debt collection procedures and perhaps...
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