Insolvency Law.

Financial difficulty is not always the end of the road.

Specialist Insolvency and Liquidation Attorneys in South Africa

Are you grappling with insolvency or financial turmoil in South Africa? Our specialized team at Barter McKellar, renowned for its proficiency in insolvency and liquidation law, offers unparalleled legal guidance and representation to both individuals and businesses. We cover a broad spectrum of legal matters, including insolvency law, corporate law, both compulsory and voluntary liquidations, sequestrations, business rescues and beyond. Our approach is not only highly effective but also deeply considerate, ensuring we explore all viable alternatives before resorting to liquidation or sequestration. Should these measures become necessary, rest assured, we will navigate you seamlessly through the process.

Why Choose Us?

Choosing the right legal representation for insolvency matters is crucial. Here's why you can trust our insolvency lawyers:

Proven Expertise: Our team of specialist insolvency lawyers have in-depth knowledge and experience in handling all aspects of insolvency proceedings, including business rescue, liquidation, debt restructuring and debt review. We continuously stay abreast of the latest developments in South Africa's insolvency regulations to furnish you with cutting-edge legal advice.

Solutions-Oriented Approach: Recognizing the unique nature of each insolvency scenario, we adopt a bespoke, solution-focused strategy to secure the most favorable resolutions for our clients. By closely collaborating with you, we aim to comprehend your financial predicament fully and devise customized strategies for debt relief and financial recovery.

Result-Driven Advocacy: Our adept insolvency attorneys are prepared to champion your interests in both courtroom and creditor negotiations, zealously safeguarding your rights and striving for optimal outcomes in your case.

We have extensive experience in a wide variety of insolvency law which includes, inter alia:

  • Asset Protection

  • Business Restructuring

  • Business Rescue

  • Business Turnaround

  • Creditor Representation

  • Compulsory Liquidations

  • Debt Recovery

  • Debt Review and Restructuring

  • Insolvency Litigation

  • Insolvency Rehabilitation

  • Liquidations

  • Sequestrations

  • Voluntary Liquidations

  • Urgent Liquidation Applications

Facing insolvency challenges or financial distress in South Africa need not be a solitary journey. Reach out to our seasoned team of insolvency attorneys at Barter McKellar for professional, bespoke, and results-focused legal assistance. Contact us today to arrange a consultation, and embark on the path to debt relief and financial recovery with assured confidence.

  • Insolvency is a state of financial distress in which a business or person is unable to pay their bills as and when they fall due to be paid or whose liabilities exceed their assets.

    It can lead to insolvency proceedings, in which legal action will be taken against the insolvent person or entity, and assets may be liquidated to pay off outstanding debts.

  • Liquidation, is also referred to as "winding up", is the process by which a company's assets are liquidated and the company is closed/de-registered. Thus, if your company is in insolvent or in financial trouble, with no option for business restructuring or business rescue, you will have to liquidate the company.

  • Voluntary Liquidation occurs where the directors of a company decide voluntarily to liquidate the company.

  • Compulsory Liquidation is where a creditor of a company applies to Court to have the company liquidated due to the fact that the company is unable to pay its debts.

  • Sequestration is when the estate of a person is sequestrated because the person is insolvent i.e. no longer able to pay his/her debts due to uncontrollable circumstances (the person’s estate is surrendered by order of the court). The estate of natural persons, partnerships and trusts can be sequestrated.