Section 27 of the insolvency act 24 of 1936 Study guides, Study notes & Summaries

ANSWERS/ SOLUTIONS WITH REFERENCES & PREVIEW: Question 1 1.1 Explain the purpose of a sequestration order. (5) 1.2 “A sequestration order may not be granted if a debtor has only one creditor and there are not enough assets to cover the costs of sequestration.” Indicate whether this statement is true or false, and then provide the reasons for your answer. (5) 1.3 David approaches you for advice. He informs you that his brother, Samuel, owes him R15 000 for painting ...

Question 1 1.1 Explain when a formal defect in an application for the sequestration of an insolvent estate will be considered as fatal. (5) 1.2 Explain why the court in Ex Parte Arntzen (Nedbank Ltd as Intervening Creditor) 2013 (1) SA 49 (KZP) held that creditors are more vulnerable in voluntary surrender applications than in compulsory sequestration which then gives rise to the requirement of a higher level of disclosure. (15) 1.3 One of the requirements of the Insolvency Act 24 of...

Question 1 1.1 Explain the concept "concursus creditorum" as well as what it presupposes. (5) 1.2 ABC Ltd is a British company that owns property which is lying in a warehouse in Cape Town harbour. ABC Ltd does not have a place of business in South Africa. Will the Western Cape High Court, Cape Town, have jurisdiction to sequestrate ABC Ltd.’s estate? (5) 1.3 Fred approaches you for advice. He informs you that Jenna owes him R24 000 for cleaning services rendered by his company....

MRL3701 PORTFOLIO MEMO - OCT./NOV. 2023 - SEMESTER 2 - UNISA - DUE 26 OCTOBER 2023 - DETAILED ANSWERS WITH FOOTNOTES & BIBLIOGRAPHY- DISTINCTION GUARANTEED! Question 1 CONFIDENTIAL 8 of 11 1.1 Explain when a formal defect in an application for the sequestration of an insolvent estate will be considered as fatal. (5) 1.2 Explain why the court in Ex Parte Arntzen (Nedbank Ltd as Intervening Creditor) 2013 (1) SA 49 (KZP) held that creditors are more vulnerable in voluntary surrender appli...

MRL3701 EXAM PACK. 100% CORRECT questions, answers, workings and explanations. Question 1 1.1 Briefly explain what is meant by the concept of “concursus creditorum”. (5) (Your answer must not exceed half a page or 120 words) 1.2 Explain why the court in Ex Parte Arntzen (Nedbank Ltd as Intervening Creditor) 2013 (1) SA 49 (KZP) held that creditors are more vulnerable in voluntary surrender applications than in compulsory sequestration which then gives rise to the requirement of a high...

Question 1 1.1 Explain the concept "concursus creditorum" as well as what it presupposes. (5) 1.2 ABC Ltd is a British company that owns property which is lying in a warehouse in Cape Town harbour. ABC Ltd does not have a place of business in South Africa. Will the Western Cape High Court, Cape Town, have jurisdiction to sequestrate ABC Ltd.’s estate? (5) 1.3 Fred approaches you for advice. He informs you that Jenna owes him R24 000 for cleaning services rendered by his company. Fred expl...

NEW ENTREPRENEURIAL LAW PIET DELPORT LLB LLD (Pret) H Dip Tax Law (Wits) Members of the LexisNexis Group worldwide South Africa LexisNexis (Pty) Ltd DURBAN 215 Peter Mokaba Road (North Ridge Road), Morningside, Durban, 4001 JOHANNESBURG Building No. 9, Harrowdene Office Park, 124 Western Service Road, Woodmead, 2191 CAPE TOWN Office Floor 2, North Lobby, Boulevard Place, Heron Close, Century City, 7441 Australia LexisNexis, CHATSWOOD, New South Wales Austria LexisNexis Verlag ARD ...

Question 1 1.1 Explain when a formal defect in an application for the sequestration of an insolvent estate will be considered as fatal. (5) 1.2 Explain why the court in Ex Parte Arntzen (Nedbank Ltd as Intervening Creditor) 2013 (1) SA 49 (KZP) held that creditors are more vulnerable in voluntary surrender applications than in compulsory sequestration which then gives rise to the requirement of a higher level of disclosure. (15) 1.3 One of the requirements of the Insolvency Act 24 of...

MRL3701 PORTFOLIO MEMO - MAY/JUNE 2023 - SEMESTER 1 - UNISA - (DETAILED ANSWERS WITH FOOTNOTES - DISTINCTION GUARANTEED!) Question 1 1.1 Explain the purpose of a sequestration order. (5) 1.2 “A sequestration order may not be granted if a debtor has only one creditor and there are not enough assets to cover the costs of sequestration.” Indicate whether this statement is true or false, and then provide the reasons for your answer. (5) 1.3 David approaches you for advice. He inform...

INSOLVENCY LAW_ MRL3701 SUMMARY NOTES WITH QUESTIONS. Study unit 1: Introduction to Insolvency Law Case Law: NB: Magnum Financial Holdings (Pty) Ltd (in Liquidation) v Summerly and another NNO 1984 (1) SA 160 (W) Meaning of “insolvency” Common meaning – a person is insolvent when he is unable to pay his debts, however, The legal test for insolvency is whether the debtor's liabilities, fairly estimated, exceed his assets, fairly valued. The inability to pay debts Is merely eviden...