6 Tips Your Lawyer Wants You To Follow To Avoid Bankruptcy

21 January 2026

If you want to know how to avoid bankruptcy, you are not the only one!

It’s estimated that an average of 15,000 Australian businesses have entered formal insolvency in the last four years.

The main industries affected are hospitality and construction. With this in mind, you may be wondering if there’s anything you can do to safeguard your business from going bankrupt in 2026.

Fortunately, there are several steps that your contract lawyer wants you to follow to avoid bankruptcy and eventual liquidation. This post takes a closer look at these steps and highlights why it’s a good idea to always have legal protection.

Understanding The Terminology: What Is Bankruptcy?

“Bankruptcy is a way to get a fresh financial start (as an individual or business) if you can’t repay your debts,” according to Investopedia.

Some people use the terms bankruptcy, insolvency, and liquidation interchangeably, and it can be difficult to differentiate them if you’re not familiar with each concept. Here’s what you need to know:

Insolvency: This refers to a business or individual being in a financial state that deems them unable to pay debts.
Bankruptcy: After becoming insolvent, bankruptcy refers to the legal process that resolves this state. This is usually done for individuals, where businesses often follow similar processes referred to as sequestration or liquidation.

Simply put, insolvency is the condition of not being able to meet your financial obligations. Bankruptcy is then the action, or formal legal action, taken to resolve or finalise the situation.

What Happens When You File A Bankruptcy?

Declaring bankruptcy means you’re filing a petition with a federal court. Sure, you can try to handle it yourself (that’s called filing “pro se”), but honestly, that’s risky.

Bankruptcy law gets complicated fast, and one wrong move can mess up your whole case. It’s a lot safer to work with a bankruptcy attorney. They’ll help you figure out which type of bankruptcy fits your situation and guide you through all the legal steps.

Once it’s done, any debts that qualify get wiped out, so you’re not on the hook for them anymore—as long as you stick to the bankruptcy terms.

But bankruptcy doesn’t come without consequences. It sticks to your credit report for years and drags down your credit score, making it tough to borrow money later on. Which is why it is best to know how to avoid bankruptcy.

How To Avoid Bankruptcy: Practical Tips From Legal Experts

Nobody starts a business thinking they’ll go under or end up bankrupt. Still, you’ve got to take steps now to avoid trouble later.

Which is why it is best that you have the right advice from legal experts. They can help you with some straightforward tips you can use to stay ahead.

1. Enlist Professional Advice

Many business owners only opt to enlist the right legal assistance when they are already experiencing a problem.

While it’s never too late to call the professionals, it’s always a good idea to proactively seek legal assistance when you start your business.

Doing this ensures that you have access to tailored advice that will ensure that you can simply fulfil all the necessary obligations.

Your lawyer will assess your financial situation and make recommendations for preventing bankruptcy. Some of the initial measures that may be put in place include early restructuring of debts and creditor negotiations.

2. Keep Track Of Your Financial Position

The‍‌‍‍‌ next task that you have to do is to keep a complete record of your personal and business finances.

Remember that this is about having a clear picture of all your assets, income, expenses, and liabilities.

Specialists advise that you check your financial statements monthly in order to be able to foresee any risk. Don’t forget to involve your lawyer in this matter since they can give you useful advice on how to take the right decisions and carry out the necessary ‍‌‍‍‌measures.

3. Be Strict About Cash Flow

There’s a reason why the expression, “Cash flow is king”, is so popular in business. The most effective way to have strict control over your business’s finances is to monitor monthly cash flow, which includes all incoming and outgoing transactions.

It’s also a good idea to create a financial buffer where you keep a 5 to 10% cash reserve for emergencies. Speak to an insolvency lawyer for assistance with creating effective cash-flow management plans.

4. Regulate All Expenses

The next step is to reduce all non-essential spending. It’s essential to do this even when your business is doing well. This will ensure that you develop effective expense regulating habits early on.

Saving money whenever possible is the best way to save money for tough times. A strong savings or investment account may be the solution to a small crisis that would ordinarily lead to insolvency.

5. Focus On Debt Management

It’s very easy for a new business to take on a lot of debt. This is especially the case if you have to buy supplies and resources. Experts advise you to focus on doing this only when you absolutely have to. Don’t take on excessive debt in the early days of your business.

If you are finding it difficult to make certain payments, speak to creditors about repayment plans. Other tips to help with debt management include the following:

Ensure that you promptly pay your business invoices, which will ensure you have a steady flow of income coming in.
Follow up on late payments to ensure that you don’t go involvement waiting for your clients to pay.
Invest in bad debt insurance.

6. Know Your Client Base

When you are setting up your business, you may be keen to do business with anyone just to get your company off the ground.

However, as your business grows, experts advise you to focus on loyal customers to ensure that your business has a reliable income. You can achieve this by focusing on marketing campaigns geared towards your top customers.

Avoid Bankruptcy At All Costs!

When starting your business, it’s essential to liaise with your contract lawyer to put the necessary steps in place to avoid potential bankruptcy.

Having the right professional by your side and following sound financial management measures, you’ll be able to keep your business on track.

Barsha Bhattacharya

Barsha Bhattacharya is a senior content writing executive. As a marketing enthusiast and professional for the past 4 years, writing is new to Barsha. And she is loving every bit of it. Her niches are marketing, lifestyle, wellness, travel and entertainment. Apart from writing, Barsha loves to travel, binge-watch, research conspiracy theories, Instagram and overthink.

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Caribbean CBI and Does India Allow Dual Citizenship?

The concept of global citizenship represents not just the ability to travel freely or hold multiple passports, but a mindset — one that embraces responsibility and opportunity beyond borders. Whether motivated by lifestyle, security, mobility, or business, many people today aspire to expand their global footprint through second citizenship. While traditional citizenship connects a person to a single country, global citizens consider themselves members of the broader international community. They care about issues that affect the planet as a whole and often feel a sense of responsibility to act in ways that support global cooperation and progress. In practical terms, global citizens seek the freedom to live, work, and travel across countries, benefit from international economic opportunities, and participate in cross-border dialogue. Citizenship by Investment: A Key Path to Global Citizenship One of the most efficient ways to obtain a second passport is through a Citizenship by Investment (CBI) program. These programs offer citizenship to individuals who make a qualifying financial contribution to a country — typically through a government donation or real estate investment. Among Citizenship by Investment Countries that offer well-established pathways to obtain citizenship Caribbean nations offer some of the most accessible and streamlined CBI programs, including routes tied to premium real estate such as real estate developments in Grenada for example. Top 5 Caribbean CBI Programs 1. Grenada Grenada's Citizenship by Investment program is especially popular due to its unique travel perks and business advantages. Applicants can contribute US$235,000 to a national fund or invest US$270,000 in approved real estate. The process typically takes ~6 months. Grenadian passport holders enjoy visa-free or visa-on-arrival access to over 140 countries, including the UK, the Schengen Area, Russia, China, and Brazil — making it a top-tier option for global mobility. 2. Antigua and Barbuda With a minimum donation of US$230,000 or a real estate investment of US$325,000, this twin-island nation offers a relatively affordable path to citizenship. The application process is efficient, taking ~6 months. Citizens gain visa-free access to over 150 countries, making it a strategic choice for business professionals and families alike. 3. St. Kitts and Nevis Known as the pioneer of CBI programs, St. Kitts and Nevis offers citizenship in as little as 4–6 months. Investment options include a US$250,000 contribution or a real estate purchase of at least US$400,000. The passport grants access to 150+ countries, including the UK and the EU Schengen Area, offering powerful mobility for international travelers. 4. Dominica Often praised for its efficiency and cost-effectiveness, Dominica requires a donation of US$200,000 or a real estate investment of the same amount. Processing typically takes ~6 months. Dominica's passport offers visa-free travel to over 140 countries, and the nation is known for its stable governance and attractive tax regime. 5. Saint Lucia Saint Lucia provides a balanced offering with strong travel benefits and a streamlined process. Citizenship is available through a donation of US$240,000 or a real estate investment of US$300,000. The application period lasts 8-10 months, and passport holders gain visa-free or visa-on-arrival access to over 140 destinations globally. India’s Position on Dual Citizenship For Indian nationals exploring second citizenship options, one critical question arises: Does India allow dual citizenship? The straightforward answer is no. Under Indian law, individuals cannot hold Indian citizenship and a foreign citizenship simultaneously. India’s stance is rooted in the Constitution (Article 9) and the Citizenship Act of 1955, which together enforce a strict single citizenship framework. When an Indian citizen voluntarily acquires the nationality of another country, their Indian citizenship is automatically revoked. Regardless of whether the new country allows dual nationality, Indian law does not permit it. The OCI Alternative: A Bridge for Indian Diaspora Although India does not permit dual citizenship, it offers a solution in the form of Overseas Citizenship of India (OCI). This status is available to individuals of Indian origin who have taken up foreign citizenship. While not equivalent to full citizenship, OCI provides several privileges, including: Visa-free entry to India for tourism, business, or medical reasons Property ownership rights, excluding agricultural land Access to educational and cultural opportunities However, OCI holders cannot vote, run for public office, or hold government jobs in India. It serves as a bridge between full citizenship and complete detachment, allowing members of the Indian diaspora to maintain strong personal and cultural ties to the country. Why Doesn’t India Allow Dual Citizenship? India’s prohibition of dual citizenship is based on several core considerations: Sovereign Loyalty: Ensuring undivided national allegiance and avoiding legal conflicts over duties like taxation or military service Administrative Simplicity: Managing a single citizenship framework reduces bureaucratic burdens National Identity: Emphasizing a unified identity, rooted in the country's post-independence vision Legal Clarity: Avoiding the complications that arise from multiple citizenship statuses under conflicting international laws. Final Thoughts For those seeking to become global citizens, Caribbean CBI, including CBI Grenada, remains a top destination for a second passport through legal, transparent, and efficient Citizenship by Investment programs. They grant international mobility, security, and new opportunities for business and lifestyle. However, Indian nationals must navigate these options carefully, given the legal implications of India's single citizenship policy. While dual citizenship remains off the table for Indians, the OCI status provides a meaningful alternative for maintaining a long-term connection to India.

Private vs. National Drug Treatment: Making the Right Choice for Recovery

When it comes to seeking help for drug addiction, individuals often face a critical decision: should they opt for private treatment facilities or rely on national health services? This choice can significantly impact the recovery journey, particularly for those struggling with heroin addiction, which affects approximately 300,000 people in the UK, according to data from the British government. Understanding the pros and cons of both private and national treatment options is essential for making an informed decision that best suits one’s needs. The Case for National Treatment National health services, such as the National Health Service (NHS) in the UK, provide a range of substance abuse treatment options, including counselling, medication-assisted treatment, and rehabilitation programmes. Here are some advantages and disadvantages of opting for national treatment: Pros of National Treatment Cost-Effective: One of the most significant advantages of national treatment is that it is funded by taxpayers, making it free at the point of use. This can be particularly beneficial for individuals who may not have the financial means to afford private treatment. Comprehensive Services: National health services often provide a wide range of services, including mental health support, social services, and community-based resources. This holistic approach can be advantageous for individuals with co-occurring disorders, such as mental health issues alongside substance abuse. Regulated Standards: National treatment facilities are typically subject to strict regulations and standards, ensuring a level of quality and safety in the care provided. Cons of National Treatment Long Wait Times: One of the most significant drawbacks of national treatment is the lengthy waiting lists for services. Individuals seeking immediate help may find themselves waiting weeks or even months for treatment, which can be detrimental, especially in crisis situations. Limited Personalisation: National services may have a one-size-fits-all approach, which can limit the ability to tailor treatment plans to individual needs. This lack of personalisation can affect the effectiveness of treatment for some individuals. Stigma and Environment: Some individuals may feel uncomfortable seeking help in a public setting due to the stigma associated with addiction. The environment in national facilities may also be less conducive to recovery, as they often cater to a large number of patients with varying needs. The Case for Private Treatment Private treatment facilities offer an alternative to national services, often providing a more personalised and immediate approach to recovery. Here are some pros and cons of choosing private treatment: Pros of Private Treatment Immediate Access: One of the most significant advantages of private treatment is the ability to access services quickly. Many private facilities offer immediate admissions, which can be crucial for individuals in urgent need of help. Personalised Care: Private treatment centres often focus on creating tailored treatment plans that address the specific needs and circumstances of each individual. This personalised approach can lead to better outcomes and a more supportive recovery environment. Luxury Amenities: Many private facilities offer comfortable accommodations and amenities, creating a more pleasant and less clinical atmosphere. This can help reduce anxiety and promote a sense of wellbeing during treatment. Specialised Programs: Private facilities often provide specialised programmes that cater to specific types of addiction. This focus can enhance the effectiveness of treatment by addressing the unique challenges associated with particular substances. Cons of Private Treatment Cost: The most significant drawback of private treatment is the cost. Private facilities can vary in costs, but there are plenty of affordable package options, particularly with UKAT. Variable Quality: While many private facilities offer high-quality, personalised care, there is also a risk of encountering less reputable centres. It is essential to research and verify the credentials and track record of any private facility before committing. Making the Choice: Ultimately, the decision between private and national treatment for drug addiction, particularly heroin addiction, depends on individual circumstances, preferences, and financial considerations. For those who can afford it and seek immediate, personalised care, private treatment may offer a more effective path to recovery. The ability to access specialised programmes, immediate admissions, and a supportive environment can significantly enhance the chances of successful recovery. Conversely, individuals who are unable to afford private treatment may find that national services provide essential support, even if it comes with longer wait times and less personalisation. It is crucial to weigh the pros and cons of each option and consider factors such as urgency, financial situation, and personal comfort when making this important decision. Choosing between private and national treatment for drug addiction is a significant decision that can impact an individual’s recovery journey. While national services offer cost-effective and comprehensive care, private facilities provide immediate access and personalised treatment options. Understanding the strengths and limitations of each approach can help individuals make informed choices that align with their needs and circumstances. Ultimately, seeking help is the most important step towards recovery, and both private and national options can play a vital role in supporting individuals on their path to healing.

4 Common Reasons To Request A Footing Inspection For Your New Build

Anyone planning to develop a piece of land knows how essential it is to create the strongest, most durable foundation. This is true for everything from simple builds such as swimming pools to more complex commercial and residential structures. Ensuring that your building project starts with as few hassles as possible begins with the necessary soil testing Melbourne councils require. The foundation serves as the superstructure on which the entire infrastructure of a building is built. Thus, if you do not have a concrete foundation, your building can suffer long-term damage. Thus, a foundation inspection is necessary to ensure the long-term safety of the building's occupants, as well as the workers who will play a key role in its construction. The next step in the process often includes requesting a footing inspection. What is a footing inspection, and why should you opt for one? This post answers these questions. Understanding What A Footing Inspection Is In the Australian context, a footing probe, also called a test pit, is a geotechnical process in which engineers and technicians excavate the area around existing foundations. The experts determine the exact depth, size, material used, and current condition during this process. The general idea here is to see how the materials used in the existing foundation have held up against external factors. Performing this type of test reveals hidden details that may not be clear on a standard soil test. It’s also an excellent way for engineers to assess how the soil’s bearing capacity has affected the foundation. In addition, a footing inspection helps identify specific risks that can then be mitigated in the new build. Knowing Why You Need A Footing Inspection The Australian law (AS 2870) necessitates a footing inspection to ensure a compliant and safe structure. This is especially the case if you’re planning to build in areas with reactive soils. Our experts have compiled a list of the top reasons why your build may require this test. 1. Footing Inspections Help To Ensure Robust Structural Integrity As with other soil tests and assessments, the main reason for a footing inspection is to ensure the structural integrity of the intended structure. The term 'footing' refers to the foundation of your building. Hence, the inspection is conducted to identify flaws and potential issues as early as possible. Common issues your team should aim to avoid include cracks, settlement, and eventual structural failure. By conducting a comprehensive footing inspection, your team can identify issues early and design remedial measures. 2. Identifies Surrounding Soil Conditions When it comes to construction sites, there’s no one-size-fits-all approach. Moreover, each site differs from the others, with varying ground conditions and soil types. A footing inspection will determine the soil you’re dealing with and the properties it exhibits. Checking samples from surrounding foundations will give your team an idea of whether the prescribed materials have held up under the specific soil conditions in the area. This is crucial for builds that can hold additional weight over time. A good example of this is when upper-story additions are planned. In this instance, the foundation will need to support additional weight, which means this must be factored into the original build. 3. Ensures That Your Building Complies With Local Building Codes You may not think that your particular build requires a footing inspection. However, it’s crucial to note that this test is part of the mandatory assessments to obtain the necessary building permits. Non-compliance with these regulations can lead to substantial fines, project delays, and even the need to redo all or part of the project. Keep in mind that this will not only be expensive, but will also hamper your project timeline. Completing your footing inspection will give you peace of mind that your build is compliant and safe, and meets all legal requirements. 4. Prevents Future Issues Any experienced developer will tell you that a rushed approach often leads to severe consequences down the line. In some instances, a “slow and steady wins the race” approach works better. This means taking the time to perform all the necessary tests before construction begins. Doing this will ensure that once your structure goes up, it stays up safely. The goal should always be to avoid potential issues down the road, which will not only be costly to repair but may endanger anyone using the structure. This is especially true if you’re building in an area with a reputation for weak soil and low bearing capacity. Speak to your local geotechnical team for an accurate list of the tests needed in your area. Understand These Things About Foundation Inspection A footing inspection is one of the more essential steps in ensuring the success of any construction project. Not only does this test ensure overall structural integrity, but it also enables your engineering and building team to address issues as early as possible. Remedial building materials and updated building techniques will ensure your team doesn’t waste money or materials when creating the perfect foundation. Insisting on the right tests and assessments from the get-go will ensure you have a stable, durable structure. Frequently Asked Questions (FAQs) Here are the answers to some of the most commonly asked questions about foundation inspection. 1. What Does A Foundation Inspection Consist Of? Experts generally examine the ground and the floor on which a project is to be built.This also involves checking the drainage and the foundations of an existing building at the base. 2. How Much Does It Cost To Test A Foundation? The cost of foundation inspection should vary by region. Moreover, different projects have different foundation inspection costs.Furthermore, if it is just a visual inspection, the cost will be something around a few hundred dollars. However, if the issues are severe, the cost can shoot up to $2000 or more. 3. Who Pays For A Foundation Inspection? Generally, the buyers pay for the foundation examination of a building. The home inspection is generally a part of the buyer’s due diligence.At the beginning of a new project, the builder conducts a thorough inspection of the house before starting construction.

6 Tips Your Lawyer Wants You To Follow To Avoid Bankruptcy

Understanding The Terminology: What Is Bankruptcy?

What Happens When You File A Bankruptcy?