SEQUESTRATION

The purpose of Insolvency is to afford you, as our valued client, an opportunity to start a new
beginning without any debts. If you are no longer able to pay your creditors for whatever reason, then
sequestration should be seriously considered. If sequestrated your creditors can no longer demand
that you pay them, hence no sleepless nights anymore or “unknown” numbers.

 

We have been assisting clients with insolvency advice and applications since 1999

 

Please feel free to contact us for any question you might have regarding insolvency, sequestration, liquidation and rehabilitation

Free advice

Insolvency ADVANTAGES

– You are debt free;
– Your creditors will stop harassing you because they must lodge their claim with the Trustee;
– You don’t appear in court yourself;
– You will in most circumstances be afforded the opportunity to keep your furniture;
– Your salary cannot be attached by creditors and as a result any garnishee orders against your salary will
consequently cancelled upon granting of the sequestration order.

Insolvency DISADVANTAGES

– During your sequestration you will not be able to obtain any credit, therefore make any loans;
– You cannot be a director of a Company or a member of a Close Corporation;

Insolvency REQUIREMENTS

– You must have more debts than assets;
– You must not be able to pay your debts anymore due to circumstances out of your control for
Example due to medical expenses, job loss, divorce and even overspending.

HOW DOES THE PROCESS of Insolvency WORK

– It is a High Court application that is brought on your behalf by ourselves. (This process is
referred to as a voluntary surrender of estate);

– An application can be brought at any stage (even if you are under administration or debt
review);

– You will be required to fill in a form providing us with all your personal details and in particular
with respect to your income, liabilities, assets and expenses;

– We will also require that you provide us with supporting documents (e.g.: ID, salary advices,
etc.);

– We will also require that you provide us with full details in respect of what lead up to your
current financial dilemma;

– Furthermore we have obtained all the required information will we draft an affidavit and arrange for
the signing thereof by yourselves;

– We will publish an advertisement of your intended application for the voluntary surrender of
your estate in the Government Gazette and local newspaper – this formal requirement stays
any pending sales in execution (auctions);

– We will inform your creditors of your application as required by law by means of a registered
letter.

– Once we have complied with all the required formalities will we obtain a court date and set the
matter down to be heard for an order to be granted;

– Once the sequestration order has been granted you are now sequestrated and debt free;

– A trustee will be appointed to administer your estate who will further deal with your creditors
should they wish to prove a claim against your estate.

HOW LONG DOES Insolvency APPLICATIONS TAKE

– If there is no immovable property and/or vehicles forming part of your insolvent estate will we
only start with the process after 3 consecutive payments has been received as per the
required debit order mandate;

– If there is immovable property and/or vehicles forming part of your insolvent estate will we
start with the process after 1 payment has been received as per the required debit order
mandate;

– Once we start the process it takes approximately 6 to 10 weeks to obtain a final court order
subject thereto that there were no postponements etc.

– It is paramount that payments are made as per the debit order mandate. We have a very
strict office policy that should any debit order transaction be returned for whatsoever
reason will we not proceed with the application and all payments made will be
forfeited.

WHAT HAPPENS IF I OWN IMMOVABLE PROPERTY (HOUSE, FLAT, TOWNHOUSE) AND I APPLY FOR Insolvency

– Unfortunately you will lose your immovable property;

– You can sell the property beforehand. We can assist with the sale of the property by
means of a “friendly auction” or by means of a private sale; or

– Once your estate has been sequestrated the Master of the High Court will appoint a
Trustee who will as a result attend to the sale of your immovable property either by means of an
auction or by private sale;

– It can take several months for the trustee to be appointed and once appointed for the property
to be sold. During this period you will be able to stay in the property.

WHAT HAPPENS IF I HAVE A VEHICLE

– You will unfortunately lose your vehicle if your vehicle is subject to a Hire Purchase
Agreement;

– If your vehicle is paid off, we will be able to assist you.

HOW MUCH DOES IT COSTS (Insolvency)

– This depends from application to application; but our base fee is R6000

This can be paid in a couple of ways

1. All at once. We will start the application immediately

2. A deposit of R2000 and then 2 payments of R2200 (Total cost R6 400). We will start the application once the second payment has been made. Placement for the court will only happen when the full amount has been paid
3. Deposit of R1500 and 4 payments of R1250 (Total R 6 500) We will start the application once the third payment has been made. Placement for the court will only happen when the full amount has been paid

– We will evaluate your application and we will inform you of the amount payable;

– We will inform you accordingly of the monthly installment (contribution)

When may an insolvent apply for rehabilitation?

Six months

– After six months after the sequestration order has been granted subject thereto that the
full contribution amount has been paid AND no claims have been proven against the
estate, provided the insolvent has not been convicted of certain offences; and has not
previously been sequestrated;

– It should however be noted that a report from the Master is required supporting the
rehabilitation which is extremely difficult to obtain.

Twelve months

– If the insolvent has not been convicted of certain offences and therefore  has not previously been
sequestrated, he may apply for rehabilitation after 12 months have elapsed from the date
of the Master’s confirmation of the first trustee’s account in the estate;

– It should however be noted that it takes approximately 3-4 years for the account to be
confirmed.

Ten years

– After 10 years have expired an insolvent is deemed to be rehabilitated unless a court
orders otherwise upon the application of an interested person. Such an application must be
made within the ten year period.

Insolvency rehabilitation costs

Cost for sequestration rehabilitation is R12 000
Options as follow:
1. Deposit of R 6000 – Balance 2 weeks before the court date R 6000. Total R12000
2. Deposit of R 2000 – R 1800 per month for 6 months Rehabilitation cost on option 2Total R 12 800) or
3. Instalments R 2000 for 3 months (until R6000) – then we start with rehabilitation and client continue with R1200 for 6 months. (Total R 13 200)
4. Guardian fund money
In the case of when the Curator informed us of Guardian fund money available we
will claim R 12 000 from the outstanding amount.
Or
you are welcome to look at the above options for payment thereof.
Please take note if you are making use of the instalment options and you do not comply with our arrangements we will load you as a “non-payer” on ITC.
Please contact us for further information.