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Insolvency and the Futility of Persistence Hunting

Persistence hunting is an art that is almost 2 million years old, as old as the first hunters before their crude spears and knives. It is still in practice among the men of the Kalahari desert who track and chase deer and kudu to near death from exhaustion, then throw or stab them with a knife at close range. It is a hunt that shows the power of human willpower and resistance, in extreme persistence. And that 2-million-year-old habit has also left its visible traces in our blood, and when it comes down to it, we find ourselves in winning situations, though not always, certainly not when you’re looking down the barrel of a shotgun to find if it’s actually loaded and the Insolvency trigger the happy finger is pulling. It may not be so bad if you are overcome with the fear of your company facing insolvency, but it is worse than the previous scene if you are already insolvent and still trading.

As the ugly claws of the recession deepen, business executives who find themselves bleeding heavily in their battle against an unforeseen demon to keep their businesses afloat are multiplying by the minute. Persistence is a good quality in business, but it won’t pay off beyond a point, not in this recession-hit economy. When a director does not realize that his company is suffering a setback towards possible insolvency or does not want to accept that due to emotional attachments, he can make it go ahead, hoping that things will settle back to normal. This kind of instinctive strategy with the possibility of insolvency looming ahead would only make things worse because at one point or another the law will take over. It’s like losing tracks in the middle of a hunt after going too far and following your gut and imagination instead of solid hoof prints in the sand. If it is important to you to save yourself as well as the company, you must decide when and where to stop and not follow a lost cause. Some managers who may not be able to make a clear judgment about the point of no return should seek professional support as soon as problems arise and are identified as being out of control.

As a director I would do everything within my power and scope to fight insolvency and overcome the current financial difficulties. But the consequence of staying too long in a business that was already lost can put any adviser at risk of facing criminal and civil prosecution.

While some may not accept that their business has no chance of avoiding insolvency, others would use it as an opportunity to escape the burden of repaying the company’s personal secured loans. Directors could be punished for wrongful dealing if they find themselves entering into new contracts or accepting credit after knowing or should have known their state of being unable to avoid insolvent liquidation.

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