Blog

A collection of news and insights about our firm and developments in the law, finance and insolvency industries

  • property good collateral

    What to Consider When Seeking a Mortgage from a Debtor

    Real property is considered good collateral because it is historically a more stable and valuable asset that tends to hold its value over time. And what is a security? It is collateral that supports the payment of an obligation. The American Uniform Commercial Code defines a security simply as “an interest in […]

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  • What is a trading trust?

    A trust isn’t a legal person (like you or me or a company), you are actually only able to contract with the trustee and, if it is a trading trust, this is usually a $2 company. Therefore by accepting, say, a credit application you are actually entering into a contract with the company that is the registered holder of the ABN as trustee of the trust. To form a trust you usually settle […]

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  • personal guarantee

    What is a personal guarantee?

    A guarantee is a promise by a person to be answerable for a debt or obligation of another person/entity in the event that person/entity defaults. Seeking personal guarantees from directors is a common way for SMEs to limit their risk in commercial credit arrangements with other SMEs In NSW it isn’t necessary for a guarantee […]

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  • credit check

    Credit Health Check

    Credit Managers and Financial Controllers that offer credit to small-to-medium enterprises (SMEs) face significant credit risk. They need to make sure their contractual documentation provides an appropriate level of protection for the industry risk they face. The first step towards improving results in B2B […]

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  • debtor archetypes

    Which Mr Men Character is Your Debtor?

    Mr Men is a series of children’s books created by Roger Hargreaves. We grew up reading Mr Men books so we have used the characters from Mr Men books to make our analysis of the debtor archetypes more memorable. The B2B debtor archetypes that we have identified through […]

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