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Exam (elaborations)

MRL3701 TRUE _ FALSE questions and answers

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MRL3701 TRUE _ FALSE questions and answers

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MRL3701 TRUE / FALSE
A composition in terms of section 72 of the CC Act may have the effect of setting aside the
winding up of the corporation - questions and answers-TRUE

A debtor who has no assets and only liabilities cannot surrender his estates - questions and
answers-TRUE

A secured creditor is always a preferent creditor, but a preferent creditor may not necessarily be
a secured creditor - questions and answers-TRUE

A solvent wife will not be able to obtain the release of property which was donated to her by her
husband while she knew that he was going to apply for the voluntary surrender of his estate. -
questions and answers-TRUE

Although the assets of Bravo Co Pty Ltd exceed its liabilities the court may still grant an order
for the winding up of the company on the ground that one of its creditors, Colin, to whom the
company owes a due debt of R1000 left a demand for payment at the company's registered
office and the company then for three weeks neglected to pay, secure, or compromise the claim
to Colin's satisfaction. - questions and answers-TRUE

Boris green, the trustee of the duly constituted Smith Family Trust, buys a car with moneys
deposited in that duly constituted trust fund, and when Boris's personal estate is later
sequestrated that car falls into his insolvent estate - questions and answers-FALSE

Britney's estate is sequestrated before she has been registered as the new owner of the farm
that she bought from Allan, and so if the trustee of Britney's estate duly elects to uphold this
contract to buy Allan's farm the court will probably grant Allan an order requiring Britney's
trustee to pay Allan the purchase price if there are no good reasons why Britney's trustee should
refuse to pay the purchase price to Allan. - questions and answers-TRUE

If a creditor considers that the minutes of a creditors' meeting do not adequately show that, in
that meeting, the insolvent admitted inheriting a house, that creditor may give evidence himself
before the Master to prove the admission made by the insolvent at the creditors' meeting -
questions and answers-TRUE

If Tenza, before becoming insolvent, had thrown away all his financial records and had no way
of knowing how much he owed his creditors, the court eventually hearing Tenza's application for
rehabilitation might decide that, because he was now earning a substantial remuneration
package in his new job, he should be rehabilitated only if he paid the balance of the trustee's
fees. - questions and answers-TRUE

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