MRL3701
1. The terms sequestration and sequestration order should stritly be used only
with reference to a estate: person's
2. In Ex Parte Henning, the statement of affairs that lay for inspection did not
contain the information: personal
3. According to section of the Insolvency Act, it is an act of insolvency
if a debtor gives notice in writing to a creditor that he is unable to pay one or
more of his debts: 8(g)
4. A debtor may not, without the consent of the trustee enter into a
contract which adversely affects his estate: written
5. The property of the spouse of the insolvent, where the marriage is out of
community of property, also vests in the trustee of the insolvent estate, until
it is by the trustee: released
6. Section 23(8) allows the insolvent to recover for his own benefit compen-
sation for any loss or damage which he may have suffered, whether before or
after sequestration of his estate, by reason of or personal injury: defama-
tion
7. The trustee is obliged to release property which was acquired by the sol-
vent spouse during her marriage with the insolvent by a valid against
creditors of the insolvent: title
8. The of an employers estate suspends the employment contract
between him and his employees with immediate effect: sequestration
9. If the insolvent has carried out his side of the contract and only the other
party's performance is outstanding, the right to that performance is an in
the insolvent estate and vests in the trustee: asset
10. After receiving a final sequestration order the Master must immediately
convene (cause to come together) a meeting of creditors by notice in
the gov gazette: first
11. A nurse who has treated the insolvent's deceased wife or may have
a preferent claim against the insolvent estate if further requirements are
met: minor child
12. Note that as a result of a relative ground for disqualification such a person
cannot be a trustee of a specific insolvent estate. This prohibition differs
from the grounds for disqualification where such a person may not be a
trustee of any insolvent estate whatsoever: absolute
13. the term disposition does not include a disposition made in compliance
with an : order of court
14. A valid is constituted where there is delivery of movable property to
a creditor on the understanding that it will be retained by him until his claim
has been satisfied: pledge
, MRL3701
15. Interest due on a secured claim for a period not exceeding years
immediately preceding the date of sequestration is secured as if it were part
of the capital sum: two
16. The rehabilitation of an insolvent is a matter which lies solely within the
discretion of the : court
17. the human beings (the natural persons) who administer the business of
the company are its : directors
18. When a partnership is dissolved because the estate of one of the partners
has been sequestrated, the partnership assets are divided among the partners
in terms of the partnership contract or the : common law
19. Rehabilitation has the effect of putting an end to the : sequestration
20. Employees are "preferred creditors" for unpaid but due and
payable sums of remuneration, reimbursements for expenses or other em-
ployment related money before the business rescue proceedings began: un-
secured
21. the main objective of a sequestration order is to secure the just and
distribution of a debtor's assets where they are insufficient to meet the claims
of all his creditors: equitable
22. the Master is a 'creature of statute' and as such has only the powers
granted to him by the : legislature
23. The debtor may not make a contract which purports to of any property
of his insolvent estate: dispose
24. On the receipt of a sequestration order, the Master is obliged to
convene immediately by notice in the Gazette, a first meeting of creditors of
the estate: final
25. According to section 2 of the Insolvency Act 24 of 1936, the term 'dispo-
sition' includes , amongst others, a transfer or of rights to property: -
abandonment
26. Broadly speaking, a party (Ben), has a right of over specific property
belonging to anther if he (Ben) has expended labour or incurred expenses in
respect of the property: retention (or lien)
27. there may be various reasons why an interested person wishes to apply
for an order that automatic rehabilitation should not take place after the lapse
of 10 years. It may, for example, happen that only just before the completion
of the 10 year period the trustee becomes aware of some possible
dispositions: impeachable
28. A special meeting may be called for either of the following purposes: 1)
proof of claims and 2) of the insolvent: interrogation
1. The terms sequestration and sequestration order should stritly be used only
with reference to a estate: person's
2. In Ex Parte Henning, the statement of affairs that lay for inspection did not
contain the information: personal
3. According to section of the Insolvency Act, it is an act of insolvency
if a debtor gives notice in writing to a creditor that he is unable to pay one or
more of his debts: 8(g)
4. A debtor may not, without the consent of the trustee enter into a
contract which adversely affects his estate: written
5. The property of the spouse of the insolvent, where the marriage is out of
community of property, also vests in the trustee of the insolvent estate, until
it is by the trustee: released
6. Section 23(8) allows the insolvent to recover for his own benefit compen-
sation for any loss or damage which he may have suffered, whether before or
after sequestration of his estate, by reason of or personal injury: defama-
tion
7. The trustee is obliged to release property which was acquired by the sol-
vent spouse during her marriage with the insolvent by a valid against
creditors of the insolvent: title
8. The of an employers estate suspends the employment contract
between him and his employees with immediate effect: sequestration
9. If the insolvent has carried out his side of the contract and only the other
party's performance is outstanding, the right to that performance is an in
the insolvent estate and vests in the trustee: asset
10. After receiving a final sequestration order the Master must immediately
convene (cause to come together) a meeting of creditors by notice in
the gov gazette: first
11. A nurse who has treated the insolvent's deceased wife or may have
a preferent claim against the insolvent estate if further requirements are
met: minor child
12. Note that as a result of a relative ground for disqualification such a person
cannot be a trustee of a specific insolvent estate. This prohibition differs
from the grounds for disqualification where such a person may not be a
trustee of any insolvent estate whatsoever: absolute
13. the term disposition does not include a disposition made in compliance
with an : order of court
14. A valid is constituted where there is delivery of movable property to
a creditor on the understanding that it will be retained by him until his claim
has been satisfied: pledge
, MRL3701
15. Interest due on a secured claim for a period not exceeding years
immediately preceding the date of sequestration is secured as if it were part
of the capital sum: two
16. The rehabilitation of an insolvent is a matter which lies solely within the
discretion of the : court
17. the human beings (the natural persons) who administer the business of
the company are its : directors
18. When a partnership is dissolved because the estate of one of the partners
has been sequestrated, the partnership assets are divided among the partners
in terms of the partnership contract or the : common law
19. Rehabilitation has the effect of putting an end to the : sequestration
20. Employees are "preferred creditors" for unpaid but due and
payable sums of remuneration, reimbursements for expenses or other em-
ployment related money before the business rescue proceedings began: un-
secured
21. the main objective of a sequestration order is to secure the just and
distribution of a debtor's assets where they are insufficient to meet the claims
of all his creditors: equitable
22. the Master is a 'creature of statute' and as such has only the powers
granted to him by the : legislature
23. The debtor may not make a contract which purports to of any property
of his insolvent estate: dispose
24. On the receipt of a sequestration order, the Master is obliged to
convene immediately by notice in the Gazette, a first meeting of creditors of
the estate: final
25. According to section 2 of the Insolvency Act 24 of 1936, the term 'dispo-
sition' includes , amongst others, a transfer or of rights to property: -
abandonment
26. Broadly speaking, a party (Ben), has a right of over specific property
belonging to anther if he (Ben) has expended labour or incurred expenses in
respect of the property: retention (or lien)
27. there may be various reasons why an interested person wishes to apply
for an order that automatic rehabilitation should not take place after the lapse
of 10 years. It may, for example, happen that only just before the completion
of the 10 year period the trustee becomes aware of some possible
dispositions: impeachable
28. A special meeting may be called for either of the following purposes: 1)
proof of claims and 2) of the insolvent: interrogation
