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Debtors and creditors – a fresh legal solution

The current economic climate is forcing businesses to re-evaluate the way that they do business.
Particularly, creditors seem to now realise that a mechanical approach to recover debt may simply be a futile exercise – the consequences of COVID-19 will adversely affect the ability of businesses to settle debts and creative measures are required to recover claims whilst protecting business relationships. These business relationships will remain the cornerstones of the post-COVID-19 business environment within, arguably, an economy reliant on a much different business culture.
As a forward-thinking law firm, Barnard Incorporated is cognisant of these imminent changes and due to its approach to – as priority – consider its clients’ commercial interests before adopting a certain legal strategy, it realised that a tailored methodology is imperative in order to protect its clients’ proprietary interests. Whilst liquidation and business rescue proceedings remain an option for suitable candidates, creditors (and bona fide debtors) may now require subscribing to an innovative mechanism to negotiate and arrange their debt affairs.
Barnard Incorporated has assembled a team with vast experience in the legal fields pertaining to assisting creditors with the recovery of substantial debts. In turn, corporate debtors may now be introduced to smart legal commercial avenues – which may be on the basis of legal recourse alone, or in combination with the introduction to strategic finance partners – to enable them to take care of their debts.
In particular, Barnard Incorporated focuses on assisting clients with the following:

  • Legal audit consultation to ascertain exposure and suitable approach
  • Negotiate and settle on payment plans
  • Negotiate and compromise with creditors in terms of section 155 of the Companies Act
  • Negotiate and compromise with SARS in terms of section 200 of the Tax Administration Act
  • Mediate disputes between debtors and creditors
  • Introduction to private equity funding partners
  • Corporate restructures, transactions and concomitant due diligences
  • Business Rescue Proceedings and post commencement finance introductions
  • Liquidations

 Meet the team

Jan Pretorius

Jan Pretorius started his legal career in 1979 at the Master’s Office in Bloemfontein as an estate controller and commenced his articles at Symington & De Kok, Bloemfontein. He was admitted as an attorney in 1985 and became a partner at Symington & De Kok. He relocated to Pretoria where he started his own firm and practiced as Pretorius & Wilsnach Inc until 2014.
He spent the majority of his career attending to deceased and insolvent estates. Jan was involved as liquidator in various well-known big property development companies like Bester Homes (Pty) Ltd (R400 million), Abdul Razak Family Trust (R70 million), The Hills Development (R380 million) near Pretoria and related companies to mention a few.
He also chaired various creditor meetings and acted as a receiver in a scheme of arrangements under the old and new Companies Act.
Jan has mediated various dissolutions of partnerships. He also mediated various informal debt settlements where businesses struggled financially and assisted in restructuring those businesses with the aim of future trading or closed down others with little loss to creditors. In addition, Jan assisted a commercial bank with their insolvent deceased estates on a national level.
During the years, Jan acted as director and non-executive director in companies associated with a certain listed company and he currently holds office as trustee in various Employee and Family Trusts. Jan is now a consultant at Barnard Incorporated.

Koos Benadie

After obtaining his LLB and LLM degrees from the University of Pretoria, as well as lecturing in Commercial Law at this University, Koos commenced his articles of clerkship at Roestoff Venter and Kruse Incorporated where he was also admitted as an Attorney of the High Court in 2008.
Since his admission as an attorney, Koos practiced at the law firms NEA Incorporated and NVS Incorporated and became a specialist in the fields of Company Law and Insolvency Law.
In 2013 Koos attained his certificate in the Advanced Course for Business Recue Practice (cum laude) and was licensed as a certified Business Recue Practitioner.
In 2016 Koos attained his certificate in the B-BBEE management development programme (cum laude) through Wits Business school and have overseen various B-BBEE restructures. Koos has been involved in various company restructures, business rescue proceedings, liquidation proceedings and related matters over the past 12 years of his career. Koos currently serves as a Director of Barnard Incorporated and heads up its Commercial Law department. Koos will be an integral partner in advising and assisting corporate entities during the current tough economic environment.

Andries Stander

Subsequent to obtaining his BCom Law (cum laude) and LLB degrees at the University of North West, Andries commenced his articles at Hannes Gouws and Partners Incorporated where he was also admitted as an attorney in 2009.
It did not take long after commencing his articles of clerkship for Andries to realise that he has a keen interest in litigation. During this period and his years prior to joining Barnard Incorporated in 2011, Andries served major clients in the banking sector and gained valuable experience in credit law litigation and negotiation of payment structures and plans.
In 2013 Andries was appointed as a director at Barnard Incorporated and in 2014 he was accredited as a Court Annexed Mediator.
In 2015 Andries obtained his Advanced Certificate in Insolvency Litigation and Administration Practice from the University of Pretoria.
He is a firm believer of “knowledge is power” which he implements to seek solutions for challenging legal disputes and has successfully negotiated various divorce and commercial settlements under challenging circumstances.
Today, as senior director of the Litigation Department of Barnard Incorporated, Andries’ focus is primarily aimed at commercial dispute resolution.
Centurion Gate Office Park | Unit 2&3
Akkerboom Street | Centurion | 0157
+27 12 001 2739 | +27 72 727 2231 (after hours)
Need legal assistance? Contact any of the following Senior Directors:
Koos Benadie: 087 2555 502 |
Andries Stander: 087 2555 492 |
For general enquiries email