Roxanne was promoted to Senior Associate in 2019.

Insolvency and Business Rescue

Assisting and advising financial institutions and creditors in insolvency related proceedings such as:

  • Commencement of liquidation proceedings either by means of a voluntary process or by way of court proceedings and drafting the necessary resolutions and ancillary documents or application to court depending on the nature of the instruction;
  • Commencement of sequestration proceedings either by means of voluntary surrender or by way of court proceedings and drafting the necessary documents or application to court depending on the nature of the instruction;
  • Process of liquidation and sequestration;
  • Role of liquidators and trustees and their appointment;
  • Submission of claims in the insolvent estate and advising regarding danger of contribution;
  • Attendance at meetings of creditors;
  • Convening and conducting enquiries in terms of the Companies Act and Insolvency Act into the trade, dealings and affairs of the insolvent company or individual; and
  • Institution of applications to extend liquidators powers in circumstances that require it and where the Master of the High Court fails to act;
  • Assisting in litigation arising as a result of the liquidation of companies, sequestration of individuals by either defending such proceedings or instituting same depending on the nature of the matter; and
  • Institution of applications to perfect rights in terms of General Notarial Bonds and the process thereafter (securing assets; arranging stock take and sale). This includes instituting such applications on an urgent basis where necessary.

 Assisting and advising clients on business rescue proceedings including:

  • institution of business rescue proceedings;
  • opposing business rescue proceedings;
  • representing creditors at business rescue creditors meetings;
  • lodging claims, liaising and negotiating with business rescue practitioners regarding claims of client's that are disputed; and
  • advising business rescue practitioners in business rescue proceedings;
  • drafting of agreements such as Sale and Cession agreements for the purchase of claims relevant in both liquidation and business rescue proceedings.

Noteworthy matters:

  • assisted with written advice to international investors and their attorneys in relation to the restructuring of Edcon
  • assisted with written advice in relation to the restructuring of Lonmin and its related entities;
  • assisted in evicting a company in liquidation (and its related entities and persons) from premises that it occupied illegally for more than 10 years;
  • assisted in conducting a compromise in terms of section 155 of the Companies Act 71 of 2008 after the company concerned was liquidated and a potential investor was identified; and
  • assisted a UK company institute recovery proceeding and conclude a settlement against debtors who relocated to South Africa to evade their debt incurred in the UK;
  • instituting urgent perfection application (before debtors could be placed into business rescue proceedings) in terms of a various General Notarial Bonds where client was owed approximately R 1 billion; and
  • assisting in convening and conducting enquiry proceedings after the company in question was liquidated after the business rescue proceedings failed and client provided post-commencement finance to the value of 8 million USD; and assisting in instituting proceedings against the appointed business rescue practitioner for inter alia reckless trading and breach of fiduciary duties.

General

General corporate recovery including:

  • Drafting letters of demand in compliance with Companies Act; Close Corporations Act; National Credit Act etc;
  • Institution of proceedings either by way of summons or application against debtors for payment including declaring immovable property executable;
  • Settlement negotiations and drafting relevant agreements (settlement agreement / repayment agreement);
  • Execution of orders and attachment of assets for sale in execution; and
  • General legal research, advice and opinions on various issues and in various fields of law.

Other

  • Lecture practical legal training for candidate attorneys at the University of Witwatersrand;
  •  Co-authored Lexis Nexis Practical Guidance Insolvency Law (online subscription to Practical Guidance notes available for various practice areas) - Accessible from the Lexis Nexis website

Education

  • LLB, University of Witwatersrand
  • Year of Admission as Attorney and Notary Public: 2016
  • Postgraduate certificate in Insolvency Law and Practice, University of Pretoria, cum laude
  • Currently completing LLM in Commercial Law, University of Johannesburg, expected graduation – 2020 (Modules selected: Credit Law, Corporate Finance Law and Banking Law).

Memberships

  • South African Restructuring And Insolvency Practitioners Association
  • Insol International