South Africa: Insolvency/Bankruptcy/Re-Structuring

Subscribe
Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.
Article
What's in a name: “contingent and prospective” creditors in business rescue
The Western Cape High Court has delivered a significant ruling on whether contingent and prospective creditors have standing to initiate business rescue proceedings under Chapter 6 of the Companies Act. The judgment settles on the grammatical meaning of "creditor" and clarifies the rights of sureties and subordinated debt holders in business rescue applications. This decision has important implications for lenders and creditors seeking to place debtors into business rescue proceedings.
South Africa Insolvency
CD
Cliffe Dekker Hofmeyr
Article
When Does A Commercial Dispute Become An Insolvency Problem?
When does an unpaid invoice signal more than a contractual dispute? This analysis examines the critical distinction between debtors who will not pay and those who cannot pay, exploring how creditors can identify financial distress patterns and select appropriate recovery strategies before their options narrow. Understanding these warning signs may determine whether a creditor pursues ordinary litigation, liquidation proceedings, or business rescue.
South Africa Insolvency
FW
Fairbridges
See more

Related Country Guides

RI
Restructuring & Insolvency

Financial Restructuring

Article
What's in a name: “contingent and prospective” creditors in business rescue
The Western Cape High Court has delivered a significant ruling on whether contingent and prospective creditors have standing to initiate business rescue proceedings under Chapter 6 of the Companies Act. The judgment settles on the grammatical meaning of "creditor" and clarifies the rights of sureties and subordinated debt holders in business rescue applications. This decision has important implications for lenders and creditors seeking to place debtors into business rescue proceedings.
South Africa Insolvency
CD
Cliffe Dekker Hofmeyr
Article
When Does A Commercial Dispute Become An Insolvency Problem?
When does an unpaid invoice signal more than a contractual dispute? This analysis examines the critical distinction between debtors who will not pay and those who cannot pay, exploring how creditors can identify financial distress patterns and select appropriate recovery strategies before their options narrow. Understanding these warning signs may determine whether a creditor pursues ordinary litigation, liquidation proceedings, or business rescue.
South Africa Insolvency
FW
Fairbridges
Article
Personal Liability Of Business Rescue Practitioners In South Africa
Business Rescue Practitioners in South Africa wield significant powers over distressed companies, but when does their conduct cross the line into personal liability? Explore the legal boundaries between commercial judgment and gross negligence, and discover how recent case law protects practitioners acting in good faith while holding accountable those who act recklessly or fraudulently.
South Africa Commercial
BI
Barnard Inc.
See more

Insolvency/Bankruptcy

Article
What's in a name: “contingent and prospective” creditors in business rescue
The Western Cape High Court has delivered a significant ruling on whether contingent and prospective creditors have standing to initiate business rescue proceedings under Chapter 6 of the Companies Act. The judgment settles on the grammatical meaning of "creditor" and clarifies the rights of sureties and subordinated debt holders in business rescue applications. This decision has important implications for lenders and creditors seeking to place debtors into business rescue proceedings.
South Africa Insolvency
CD
Cliffe Dekker Hofmeyr
Article
When Does A Commercial Dispute Become An Insolvency Problem?
When does an unpaid invoice signal more than a contractual dispute? This analysis examines the critical distinction between debtors who will not pay and those who cannot pay, exploring how creditors can identify financial distress patterns and select appropriate recovery strategies before their options narrow. Understanding these warning signs may determine whether a creditor pursues ordinary litigation, liquidation proceedings, or business rescue.
South Africa Insolvency
FW
Fairbridges
See more

Latest Videos

See more