MRL3701 Assignment 1
(COMPLETE ANSWERS)
Semester 2 2025 - DUE 12
August 2025
NO PLAGIARISM
[Pick the date]
[Type the company name]
,Exam (elaborations)
MRL3701 Assignment 1 (COMPLETE
ANSWERS) Semester 2 2025 - DUE 12
August 2025
Course
Insolvency Law (MRL3701)
Institution
University Of South Africa (Unisa)
Book
Hockly\'s Insolvency Law
MRL3701 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 - DUE 12
August 2025; 100% TRUSTED Complete, trusted solutions and explanations.
Ensure your success with us....
The requirement of “advantage to creditors” is more strenuous in Voluntary
Surrender than in Compulsory Sequestration. Explain the reasons for this
statement. 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 services rendered by his
company. David explains to you that despite various attempts to get Samuel
to pay his debts, he has yet to make any payment. David is especially upset
because he has heard a rumour that Samuel owes money to several people,
amongst them a mutual best friend, Lenny. Lenny informed David that
Samuel wrote him a letter stating that he is unable to pay his debts to him
(Lenny) and asked in the letter whether they could make arrangements to
pay him back in instalments. David now wants to know from you whether
you can assist him to apply for the compulsory sequestration of Samuel‘s
estate. Explain the conduct above and refer to relevant legislation. Thandeka
and Owen are married out of community of property. They came to see you
as their legal representative. Their separate businesses were affected by the
COVID-19 pandemic. As a result, their finances have been affected and they
are struggling to make ends meet. They have thought it in their best
interests to both get sequestrated. To save on sequestration costs, they wish
to bring only one application before the court, but to each sequestrate their
own estates in that one application, since they are married out of community
of property and do not have a joint estate. Answer the following questions
based on the facts given above: a. Briefly explain the purpose of a
sequestration order. (5) b. With reference to case law, discuss whether
Thandeka and Owen can successfully apply for the sequestration of both
, estates in a single application. 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 services rendered by his company. David explains to you that
despite various attempts to get Samuel to pay his debts, he has yet to make
any payment. David is especially upset because he has heard a rumour that
Samuel owes money to several people, amongst them a mutual best friend,
Lenny. Lenny informed David that Samuel wrote him a letter stating that he
is unable to pay his debts to him (Lenny) and asked in the letter whether
they could make arrangements to pay him back in instalments. David now
wants to know from you whether you can assist him to apply for the
compulsory sequestration of Samuel‘s estate. Explain the conduct above and
refer to relevant legislation. Explain the purpose of a sequestration order.
Your grandfather, knowing that you are studying towards your law degree,
approaches you for advice. He informs you that his entire estate is held in a
trust. He is however worried about the fact that he is currently struggling
financially and informs you his creditors are constantly harassing him to
make payments of his debts. He now wants to know from you whether, if
things turn worse, his trust will be liquidated (like a company) or
sequestrated (like a debtor in the usual sense of the word).Thandeka and
Owen are married out of community of property. They came to see you as
their legal representative. Their separate businesses were affected by the
COVID-19 pandemic. As a result, their finances have been affected and they
are struggling to make ends meet. They have thought it in their best
interests to both get sequestrated. To save on sequestration costs, they wish
to bring only one application before the court, but to each sequestrate their
own estates in that one application, since they are married out of community
of property and do not have a joint estate. Answer the following questions
based on the facts given above: Briefly explain the purpose of a
sequestration order. (5) With reference to case law, discuss whether
Thandeka and Owen can successfully apply for the sequestration of both
estates in a single application. Identify the correct case that would
correspond to the factual scenario above and provide the correct citation for
the case.
It appears there's a significant amount of repetition and redundancy in the user's request,
particularly regarding the explanation of the "purpose of a sequestration order." I will address
each distinct question and provide comprehensive answers, ensuring all aspects of the query are
covered.
Here's a breakdown of the distinct questions and the information I'll provide:
(COMPLETE ANSWERS)
Semester 2 2025 - DUE 12
August 2025
NO PLAGIARISM
[Pick the date]
[Type the company name]
,Exam (elaborations)
MRL3701 Assignment 1 (COMPLETE
ANSWERS) Semester 2 2025 - DUE 12
August 2025
Course
Insolvency Law (MRL3701)
Institution
University Of South Africa (Unisa)
Book
Hockly\'s Insolvency Law
MRL3701 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 - DUE 12
August 2025; 100% TRUSTED Complete, trusted solutions and explanations.
Ensure your success with us....
The requirement of “advantage to creditors” is more strenuous in Voluntary
Surrender than in Compulsory Sequestration. Explain the reasons for this
statement. 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 services rendered by his
company. David explains to you that despite various attempts to get Samuel
to pay his debts, he has yet to make any payment. David is especially upset
because he has heard a rumour that Samuel owes money to several people,
amongst them a mutual best friend, Lenny. Lenny informed David that
Samuel wrote him a letter stating that he is unable to pay his debts to him
(Lenny) and asked in the letter whether they could make arrangements to
pay him back in instalments. David now wants to know from you whether
you can assist him to apply for the compulsory sequestration of Samuel‘s
estate. Explain the conduct above and refer to relevant legislation. Thandeka
and Owen are married out of community of property. They came to see you
as their legal representative. Their separate businesses were affected by the
COVID-19 pandemic. As a result, their finances have been affected and they
are struggling to make ends meet. They have thought it in their best
interests to both get sequestrated. To save on sequestration costs, they wish
to bring only one application before the court, but to each sequestrate their
own estates in that one application, since they are married out of community
of property and do not have a joint estate. Answer the following questions
based on the facts given above: a. Briefly explain the purpose of a
sequestration order. (5) b. With reference to case law, discuss whether
Thandeka and Owen can successfully apply for the sequestration of both
, estates in a single application. 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 services rendered by his company. David explains to you that
despite various attempts to get Samuel to pay his debts, he has yet to make
any payment. David is especially upset because he has heard a rumour that
Samuel owes money to several people, amongst them a mutual best friend,
Lenny. Lenny informed David that Samuel wrote him a letter stating that he
is unable to pay his debts to him (Lenny) and asked in the letter whether
they could make arrangements to pay him back in instalments. David now
wants to know from you whether you can assist him to apply for the
compulsory sequestration of Samuel‘s estate. Explain the conduct above and
refer to relevant legislation. Explain the purpose of a sequestration order.
Your grandfather, knowing that you are studying towards your law degree,
approaches you for advice. He informs you that his entire estate is held in a
trust. He is however worried about the fact that he is currently struggling
financially and informs you his creditors are constantly harassing him to
make payments of his debts. He now wants to know from you whether, if
things turn worse, his trust will be liquidated (like a company) or
sequestrated (like a debtor in the usual sense of the word).Thandeka and
Owen are married out of community of property. They came to see you as
their legal representative. Their separate businesses were affected by the
COVID-19 pandemic. As a result, their finances have been affected and they
are struggling to make ends meet. They have thought it in their best
interests to both get sequestrated. To save on sequestration costs, they wish
to bring only one application before the court, but to each sequestrate their
own estates in that one application, since they are married out of community
of property and do not have a joint estate. Answer the following questions
based on the facts given above: Briefly explain the purpose of a
sequestration order. (5) With reference to case law, discuss whether
Thandeka and Owen can successfully apply for the sequestration of both
estates in a single application. Identify the correct case that would
correspond to the factual scenario above and provide the correct citation for
the case.
It appears there's a significant amount of repetition and redundancy in the user's request,
particularly regarding the explanation of the "purpose of a sequestration order." I will address
each distinct question and provide comprehensive answers, ensuring all aspects of the query are
covered.
Here's a breakdown of the distinct questions and the information I'll provide:
