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Prescription, Procrastination, and Personal Liability for Corporate Debts

Prescription, Procrastination, and Personal Liability for Corporate Debts

by Guthrie Colananni Attorneys | Nov 25, 2025 | Company / Corporate / Compliance, Debt Recovery, Insolvency / Liquidation

“I have heard that in war, haste can be folly, but have never seen delay that was wise.” (Sun Tzu, The Art of War) Collecting debt from a recalcitrant debtor can feel very much like going to war, particularly if you have to slog through the trenches of a series of...
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...
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