Hocklys Insolvency Law 9th E
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Pr e fa ce
This ninth edition of Hockly’s I nsolvency Law follows the expanded form at of the previous
three editions, and its basic purpose rem ains the sam e: to provide a concise, yet fairly
detail...
Downloaded by Michelle Fisher-Reviglio (michellefisher6@gmail.com)
, lOMoARcPSD|3790487
Page v
Pr e fa ce
This ninth edition of Hockly’s I nsolvency Law follows the expanded form at of the previous
three editions, and its basic purpose rem ains the sam e: to provide a concise, yet fairly
detailed, account of the law of insolvency, winding-up, and business rescue proceedings
(which have replaced judicial m anagem ent). The book aim s at a wide readership. For the
subject specialist, it offers an update of recent developm ents in the law relating to
insolvency, winding-up and business rescue proceedings; for students, it is a text for both
undergraduate and postgraduate study; and for insolvency practitioners, it provides both a
clear and practical analysis of the law and m aterial for research and argum ent. I t will also
soon be available as an e-book.
I nsolvency is an area in which there are continually developm ents in the case law and
applicable legislation. We have endeavoured to include all the developm ents that have taken
place in the six years since the last edition of Hockly’s I nsolvency Law, including the
fundam ental changes introduced by the Com panies Act 71 of 2008. The book m ostly reflects
the law of insolvency as at the end of August 2012, with a few additions m ade during the
production process.
As before, the appendices contain specim en applications, specim en estate accounts and
the I nsolvency Act. Further appendices now include excerpts from the Com panies Act 61 of
1973, the Companies Act 71 of 2008 and the Close Corporations Act 69 of 1984, as well as
the entire Cross-Border I nsolvency Act 42 of 2000. Cross-references throughout are to
paragraphs, not pages.
A sincere vote of thanks m ust go to Linda van de Vijver for her invaluable assistance and
co-operation in publishing this new edition. We would also like to thank Deidre du Preez for
m anaging the project and com piling the table of cases, Adam i Geldenhuys for com piling the
table of statutes and the subject index, and preparing the statutes that appear in the
appendices, Nic Jooste for designing the book covers, and Tommy Bell for the typesetting.
RD SHARROCK
KE VAN DER LI NDE
AD SMI TH
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Page vii
Cont ent s
Preface
Part 1 I ntroduction
Chapter 1 I nt r oduct ion
Part 2 Obtaining a sequestration order
Chapter 2 Voluntary surrender
Chapter 3 Compulsory sequestration
Part 3 Effects of sequestration
Chapter 4 The legal position of the insolvent
Chapter 5 Vesting of the assets of the insolvent
Chapter 6 Vesting of the assets of the solvent spouse
Chapter 7 Uncom pleted contracts and legal proceedings not yet finalized
Part 4 Collection of estate assets
Chapter 8 Preservation of the estate pending the trustee’s appointment
Chapter 9 Meetings of creditors and proof of claim s
Chapter 10 The election of the trustee
Chapter 11 The duties and powers of the trustee
Chapter 12 I m peachable dispositions
Chapter 13 I nterrogation of the insolvent and other witnesses
Chapter 14 The duties of the insolvent
Part 5 Realization and distribution of the assets
Chapter 15 Realization of the estate assets
Chapter 16 Creditors’ claim s and their ranking
Chapter 17 The estate accounts and the distribution of the estate
Part 6 Com position and rehabilitation
Chapter 18 Com posit ion
Chapter 19 Rehabilit at ion
Part 7 Miscellaneous
Chapter 20 Partnership and sequestration
Chapter 21 I nsolvent deceased estates
Chapter 22 Offences
Part 8 W inding- up and rescue of com panies and close corporations
Chapter 23 Winding-up of com panies
Chapter 24 Winding-up of close corporations
Chapter 25 Business rescue and com prom ise
Page viii
Part 9 Cross- border insolvency
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