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creditor’s rights

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Preserving creditor rights against sureties in business rescue plans

Photo of Izak LessingPhoto of Adrienne Hendricks
By Izak Lessing & Adrienne Hendricks on June 5, 2025

In an April 2025 judgment, the High Court concluded that the defendant’s liability as a surety was not discharged by the release of the principal debtor under a business rescue plan (BR Plan). The BR Plan and the deed of suretyship were both clearly drafted to preserve the creditor’s right to claim from the surety.…

Posted in Credit

No release for sureties for alleged prejudicial conduct by creditor

Photo of Patrick Bracher (ZA)
By Patrick Bracher (ZA) on February 19, 2025

On 14 February 2025 a high court on appeal found that the defendant sureties had not established any basis for their release from their liabilities because of alleged prejudicial conduct by the principal creditor, a lending bank. The turnaround specialist who was appointed to assist the principal debtor was not the agent of the principal…

Posted in Insurance

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Norton Rose Fulbright’s financial institutions team provides straightforward legal updates. Our lawyers offer local insights with an international perspective recognised worldwide. This blog focuses on the South African market and is about sharing knowledge with you. Blog posts are not legal advice.

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