,MRL3701 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2025 - DUE 12 August 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
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
Semester 2 2025 - DUE 12 August 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
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
