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A Short Apprisement Of Winding Up Petitions And Corporate Insolvency


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County court judgments to collect debts are largely ignored and rarely enforced. This leaves a creditor little recourse for collection when other methods also fail. If the debt is enough to warrant legal action, the creditor's can choose to use Winding Up Petitions and Corporate Insolvency to collect debt.

There must be sound claim that the business will not and is incapable of paying back the debt before the application is filed with the court. All who are due monies can file this document. The creditor's goal with filing is to receive payment directly or through liquidation of the debtor's assets.

The creditor should seek legal counsel before presenting to the court. If due diligence is not done and the application is found to be erroneous, the petitioner can be held responsible for court costs. It is for the creditor to show that the debt had been attempted to be collected and that they perceive that the organisation is unable to pay.

Documents must be submitted to the court to show attempt of collection. After the court determines the claim is valid, the organisation will be notified. Soon after acceptance, the notice will appear in the newspaper. This will give additional creditors notice of the proceedings. At this time, the banks will also receive notice and accounts may be frozen.

Company directors may choose to honor the invoice if they can produce the money. If it is possible to sell an asset or move money, they can do so. If the company does not have adequate operating capital, they will have no choice but to stay in default. Additionally, the company can fight the petition. This, of course, will require legal costs or may not be advisable. To keep the business open when challenging the claim, the banks may or may not release the accounts.

Company assets will be sold through a liquidation process to repay the vendors who are owed money. This process will also include an investigation into the directors and their activities. If any director is found to have traded with knowledge of the business' insolvency he or she may be restricted from fulfilling all other directorial positions. The directors may also become personally responsible for some debt if they were found to be trading with knowledge of insolvency.

Other than payment of debt and insolvency, the company has a couple of other choices. They can file a voluntary liquidation, giving them some say over who does the liquidating of assets. Another choice, called pre-pack liquidation, deems there is future worth in the company. A new entity can be created to buy the assets of the old and the old company is allowed to be wound up.

Be aware that the company being filed against does have options that the creditor does not. The burden of proof of collection and belief of insolvency ride on the petitioner. Winding Up Petitions and Corporate Insolvency are legal proceedings and legal counsel is advised before giving an application to the court. Spend some time browsing the web to make sure your choice is wise.
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