Looking for an Insolvency Law Lawyer or Attorney in Cape Town?
Definitions on the web:
When an individual or organization can no longer meet its financial obligations with its lender or lenders as debts become due. Insolvency can lead to insolvency proceedings, in which legal action will be taken against the insolvent entity, and assets may be liquidated to pay off outstanding debts. Insolvency Law Lawyer or Attorney in Cape Town
Before an insolvent company or person gets involved in insolvency proceedings, it will likely be involved in more informal arrangements with creditors, such as making alternative payment arrangements. Insolvency can arise from poor cash management, a reduction in the forecasted cash inflow or from an increase in cash expenses.
Insolvency occurs when you find yourself in a position that you are not able to pay your debts as they come due. Individuals experiencing financial difficulties have a few options available to them to help them deal with their situation.
Insolvency is simply being unable to pay liabilities. However, it is necessary to differentiate between simply having liabilities of greater value than assets, and actually being in a position to meet obligations as they fall due. Insolvency Law Lawyer or Attorney in Cape Town
The Corporations Act 2001 (Cth) (the Act) defines a person which is not solvent as being insolvent (s95A(2)). The term 'person' in this context includes a body corporate. The enquiry which should be made under the section to ascertain whether a company is insolvent is as follows: Is the company able to pay all of its debts as and when they become due and payable?
A legal proceeding involving a person or business that is unable to repay outstanding debts. The bankruptcy process begins with a petition filed by the debtor (most common) or on behalf of creditors (less common). All of the debtor's assets are measured and evaluated, whereupon the assets are used to repay a portion of outstanding debt. Upon the successful completion of bankruptcy proceedings, the debtor is relieved of the debt obligations incurred prior to filing for bankruptcy. Insolvency Law Lawyer or Attorney in Cape Town
Bankruptcy offers an individual or business a chance to start fresh by forgiving debts that simply can't be paid while offering creditors a chance to obtain some measure of repayment based on what assets are available. In theory, the ability to file for bankruptcy can benefit an overall economy by giving persons and businesses another chance and providing creditors with a measure of debt repayment.
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