Blog

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

  • 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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  • 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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  • 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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  • Business Mindset

    When a business hits rocky times the directors of SMEs need to develop a clear business strategy. What is your end game? Business continuity or business exit? When a business hits rocky times the directors of small-to-medium enterprises (SMEs) need to develop a clear business strategy. If the directors do not have a clear […]

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