Client Scenario

Debt Outweighs Asset Value

Client presents with the following scenario:

  • Client had a loan with a bank for $2.8 million secured by two properties. Each property was valued at approximately $1 million.
  • Bank had a charge over Client’s current company.
  • A Personal Guarantee was in place for the sum of $5 million for a separate company in 2004. After providing the guarantee, Client resigned from the company and the company was subsequently deregistered by ASIC.
  • Bank is claiming approximately $7.5 million under the loan and the Guarantee.

Client’s objectives were:

  • Avoid Receivership.
  • Obtain release of the Personal Guarantee.
  • Obtain a time extension to sell the properties privately, therefore avoid mortgagee sales and achieve the best possible price.
  • Regain control of the current company.

DJ Partners achieves results for clients:

Following discussion with the Bank DJ Partners confirmed:

  • Compromised Bank Loan to accept $2 million.
  • Granted time extension of 3 months to sell the second property. Sale was achieved during this time.
  • The Bank finalised an agreement to accept $450,000 over a 3 year period, interest free, in compromise of the remaining $5 million debt claimed under the guarantee.
  • Receivers were retired and control of the current company was returned to the Client.