Black Insolvency

The condition of a person who is insolvent; inability to pay one’s debts; lack of means to pay one’s debts. Such a relative condition of a man’s assets and liabilities that the former, if all made immediately available, would not be sufficient to discharge the latter.
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The European black insolvency hole – the Danish non-recognition of foreign bankruptcies

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Economy Today: Discussion on 'Role of Insolvency professionals in Insolvency & Bankruptcy Code'

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Insolvency – why breaking up is hard to do | INTHEBLACK

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Australia’s bankruptcy laws are about to change. Here’s what that means.

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Your recently viewed items and featured recommendations. After managing about corporate failures in 15 years as a liquidator and trustee in bankruptcy, it is timely to outline some of the constants and warning signs of insolvency. Most directors fail to consult with a liquidator to get asset protection advice when they set up their new business.

Poor accounts are a constant in the world of insolvency and are typically the first warning sign of insolvency. Directors need to know the detail of their profit and expense centres, monthly earnings before interest and tax EBIT and gross margins together with product and industry cycles.

Staff retention, in the three key business skills of sales, product or service delivery and accounts that comply with a sound business plan, is the goal.

Regular management meetings with the key staff are an inexpensive tool often ignored by insolvent companies. Most directors respond to working capital limitations by injecting their own money into the business. Selling the last available asset before fixing the underlying trading problems is a frustratingly sad yet common mistake made by directors of insolvent companies. Delaying the payment of tax and superannuation is another constant in the world of insolvency.

Directors are now automatically liable for PAYG debts that are unreported for more than three months and remain unpaid. In the old days, directors could wait until they received a Director Penalty Notice and then put the company into liquidation to avoid personal liability. That loophole is now closed. Furthermore, directors are also personally liable for superannuation guarantee charge obligations that are unreported for more than three months and remain unpaid. The next step in a typical corporate failure is an increase in creditor demand letters, stopped credit and legal actions that impede production.

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