Tag: Insolvency

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Case study – the covid ate the estate agent’s homework?

Dog ate my homework

DC Partners (Solutions) Pty Ltd working with a financier client recently had collections dealing with an estate agent where the agent alleged it could not pay ‘factored monies’ because of Covid-19.

In December 2019, the agent factored its rent-roll management cheque for March 2020, expecting to receive around $52,000.

Factoring is the business of purchasing accounts receivables.

In this instance, the estate agent ‘sold’ its March 2020 receivable in exchange for an upfront sum paid in December 2019.

At the end of March 2020, the agent then said it was unable to repay the factor the money (or any of it, despite banking it for themselves at the end of March) “because of Covid-19“.

Factoring ‘discounts’ the purchase price of the receivable. The price paid upfront in December 2019, was based upon the time value of money with the expectations that the funds would be banked in March 2020. Obviously, the funds do not have the same value if the funds are not banked until June or later.

The agent is a well known agent from WA.

If a crime was committed, it was a crime of fraudulent appropriation. Alternatively, as was pointed out to the agent in collections discussions, the agent runs the very real risk that the estate agent continues to trade whilst insolvent, exposing the directors to personal liability. In those instances the agent’s personal assets are exposed to creditors.

If your business is in a similar position, being unable to meet obligations to creditors, there are some important steps that you and your company need to take to protect your personal AND business assets. These can be discussed on 1300-327123 if you find yourself if this position (call anytime till late 5 days).

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Hakan Kutup – pleads guilty

Hakan Kutup, source: Illawarra Star - Madeline Crittenden.

As we’ve blogging for some time, now disgraced Wollongong based former Century 21 real estate agent Hakan Kutup has pleaded guilty to fraud, forgery and misappropriation offences at the Wollongong Local Court recently.

Sydney’s Daily Telegraph reported: Click here that Hakan began inventing sales in late 2017 however the slippery slope caught up with him when arrested in late 2019 after he could no longer shuffle the deck chairs and lenders and others began to investigate.

Unfortunately the maximum penalty of imprisonment is just 2 years and Hakan’s guilty plea will no doubt result in a discount, however we think it is a safe bet that Hakan’s (who is also bankrupt) will not be administering a trust account any time soon.

Sentencing of Hakan Kutup is expected sometime around June 2020.

Relatives of Hakan Kutup continue to conduct business in the Illawarra including:

Jeyda Kutup, daughter and former property manager for Hakan’s business – was recently working in a motor dealers finance office at Wollongong City Motors, no doubt handling the sensitive financial information of borrowers? Jeyda entered loan guarantees to purchase her father’s former rent roll from its receivers just before the ATO stepped in to liquidate Hakan’s former business. In true Kutup family form, Jeyda now denies her indebtedness … the matter continues before the NSW Supreme Court, Possession List.

Eren Kutup, nephew and former property manager for Hakan – is self employed at the newly incorporated EK Capital … apparently the re-birth (sometimes referred to as Phoenix-ing?) of EK Property Group Pty Ltd which was placed in receivership some time ago. EK Capital claims to provide property and financial advice, again this would no doubt involve the borrower exposing sensitive financial information to members of the Kutup family and others? EK Capital is an authorised representative of Purple Circle Financial Services, ACL 486112. Eren is a defendant also in the NSW Supreme Court, Possession List matter.

Eren’s father is Allan Kutup. Allan was a director of EK Property Group. Allan and Hakan are brothers. Allan, to the best of our knowledge is a licensed real estate agent and may have worked in Hakan’s business prior to its liquidation. Allan is recorded as working at EK Capital.

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POE v HKJS Holdings Pty Ltd (in liquidation) – receivership

Hakan Kutup

Since our last blog post, this matter has moved along somewhat.

HKJS Holdings Pty Ltd (in liquidation) (“HKJS”).

HKJS formerly traded as Century 21 Ultimate (Wollongong).

Its director at the time was:  Hakan Kutup (see separate page).

In or about mid 2018, Century 21 removed HKJS of their C21 franchise.  HKJS’s creditor’s report suggests it owed Century 21 $85,362 in total – perhaps unpaid franchise fees?

The same report suggests HKJS owed the ATO a further $187,590.

In or about 2 April 2019 Hakan was declared bankrupt and a sequestration order issued over his estate.  A copy of the sequestration order may be viewed clicking this link.  It is unknown whether Hakan presently holds a current real estate practising certificate (as at time of writing – 2 June 2019)?  According to his real estate profile – Hakan is a real estate agent engaged in residential sales.

Anyone who’d like to discuss Hakan or HKJS can call us anytime on 1300-327123.

To view related blogs, case notes or otherwise, follow the following category links and tags below.