Africa: Insolvency/Bankruptcy/Re-Structuring

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.
Article
What's in a name: “contingent and prospective” creditors in business rescue
The Western Cape High Court has delivered a significant ruling on whether contingent and prospective creditors have standing to initiate business rescue proceedings under Chapter 6 of the Companies Act. The judgment settles on the grammatical meaning of "creditor" and clarifies the rights of sureties and subordinated debt holders in business rescue applications. This decision has important implications for lenders and creditors seeking to place debtors into business rescue proceedings.
South Africa Insolvency
CD
Cliffe Dekker Hofmeyr
Article
Extracting Value
In the Democratic Republic of Congo, restructuring and distressed deal activity are being shaped by two apparently opposite forces: resilient growth and heightened risk. The mining economy continues to attract capital, particularly in copper, cobalt, energy, logistics and infrastructure. At the same time, the concentration of growth in extractive industries exposes companies to commodity-price cycles, export measures, foreign-exchange pressures, supply-chain disruption and the security situation in the eastern provinces.
Congo Insolvency
IG
IR Global
Article
Corporate Debt Recovery In Nigeria: A Guide For Foreign Investors And Creditors
Foreign investors engaging with Nigerian companies face unique challenges when recovering debts or protecting investments during financial distress. This comprehensive guide examines the legal framework under CAMA 2020, exploring restructuring mechanisms, enforcement of security interests, winding-up procedures, and cross-border insolvency considerations that shape debt recovery strategies in Nigeria's evolving commercial landscape.
Nigeria Insolvency
Adeola Oyinlade & Co
Article
When Does A Commercial Dispute Become An Insolvency Problem?
When does an unpaid invoice signal more than a contractual dispute? This analysis examines the critical distinction between debtors who will not pay and those who cannot pay, exploring how creditors can identify financial distress patterns and select appropriate recovery strategies before their options narrow. Understanding these warning signs may determine whether a creditor pursues ordinary litigation, liquidation proceedings, or business rescue.
South Africa Insolvency
FW
Fairbridges
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Related Country Guides

RI
Restructuring & Insolvency

Insolvency/Bankruptcy

Article
What's in a name: “contingent and prospective” creditors in business rescue
The Western Cape High Court has delivered a significant ruling on whether contingent and prospective creditors have standing to initiate business rescue proceedings under Chapter 6 of the Companies Act. The judgment settles on the grammatical meaning of "creditor" and clarifies the rights of sureties and subordinated debt holders in business rescue applications. This decision has important implications for lenders and creditors seeking to place debtors into business rescue proceedings.
South Africa Insolvency
CD
Cliffe Dekker Hofmeyr
Article
Why The SASBF Failed, And The Recovery Philosophy This Time Is Different
Nigeria's Cabotage Vessel Financing Fund was designed to avoid the failures of its predecessor, the Ship Acquisition and Ship Building Fund, which collapsed in the 1990s due to widespread defaults and poor enforcement practices. This briefing examines why vessel arrest, though legally available, should be treated as a last resort rather than a first response when CVFF loans enter distress, and how alternative recovery mechanisms can preserve the fund's revolving capital structure.
Nigeria Finance
OA
Olisa Agbakoba Legal (OAL)
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Financial Restructuring

Article
What's in a name: “contingent and prospective” creditors in business rescue
The Western Cape High Court has delivered a significant ruling on whether contingent and prospective creditors have standing to initiate business rescue proceedings under Chapter 6 of the Companies Act. The judgment settles on the grammatical meaning of "creditor" and clarifies the rights of sureties and subordinated debt holders in business rescue applications. This decision has important implications for lenders and creditors seeking to place debtors into business rescue proceedings.
South Africa Insolvency
CD
Cliffe Dekker Hofmeyr
Article
Extracting Value
In the Democratic Republic of Congo, restructuring and distressed deal activity are being shaped by two apparently opposite forces: resilient growth and heightened risk. The mining economy continues to attract capital, particularly in copper, cobalt, energy, logistics and infrastructure. At the same time, the concentration of growth in extractive industries exposes companies to commodity-price cycles, export measures, foreign-exchange pressures, supply-chain disruption and the security situation in the eastern provinces.
Congo Insolvency
IG
IR Global
Article
Corporate Debt Recovery In Nigeria: A Guide For Foreign Investors And Creditors
Foreign investors engaging with Nigerian companies face unique challenges when recovering debts or protecting investments during financial distress. This comprehensive guide examines the legal framework under CAMA 2020, exploring restructuring mechanisms, enforcement of security interests, winding-up procedures, and cross-border insolvency considerations that shape debt recovery strategies in Nigeria's evolving commercial landscape.
Nigeria Insolvency
Adeola Oyinlade & Co
See more

Latest Videos

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