Mrl3701 notes - Study guides, Class notes & Summaries

INSOLVENCY LAW_ MRL3701 SUMMARY NOTES WITH QUESTIONS LATEST UPDATE 2024 100% VERIFIED AND GRADED A+ TABLE OF CONTENTS: STUDY UNIT 1 INTRODUCTION TO INSOLVENCY LAW 4 STUDY UNIT 2 – 3 VOLUNTARY SURRENDER 10 STUDY UNIT 4 – 5 COMPULSORY SEQUESTRATION 20 STUDY UNIT 6 THE LEGAL POSITION OF THE INSOLVENT 35 STUDY UNIT 7 VESTING OF THE ASSETS OF THE INSOLVENT 43 STUDY UNIT 8 VESTING OF THE ASSETS OF THE SOLVENT SOUSE 50 STUDY UNIT 9 – 11 UNCOM...

APPLICANT ENTITLED TO APPLY IN TERMS OF s9(1) Proceedings for the compulsory sequestration of debtors estate to be instituted by: a. creditor or his agent who has a liquidated claim against the debtor for not less than R100 b. two or more creditors or their agents who have liquidated claims against the debtor amounting, in aggregate, to not less than R200. Agent must be authorised to do so prior to bringing the application. Applicants lack of authority cannot be cured by ratification once ...

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...

MRL3701-INSOLVENCY LAW SUMMARY NOTES . STUDY UNIT 1 INTRODUCTION TO INSOLVENCY LAW Identify the problem faced by the court in Magnum Financial Holdings. The only problem before the court was whether a trust could, at law, be sequestrated. Summarise the authority which the court relied on to solve the problem which it faced. No South African case seemed to have dealt with whether a trust could be sequestrated in terms of section 9(1) read with the definition of “debtor” in section 2 of ...

MRL3701-Insolvency Law 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 evidence o...

MRL3701 – INSOLVENCY LAW SUMMARY NOTES. This is a complete and an all-inclusive guide to MRL3701 – INSOLVENCY LAW SUMMARY NOTES. Identify the problem faced by the court in Magnum Financial Holdings. The only problem before the court was whether a trust could, at law, be sequestrated. Summarise the authority which the court relied on to solve the problem which it faced. No South African case seemed to have dealt with whether a trust could be sequestrated in terms of section 9(1) read wi...

MRL3701 STUDY SUMMARY NOTES WITH QUESTIONS. This is an all-inclusive and a complete guide to MRL3701 - Insolvency Law 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 va...

MRL3701 SUMMARY STUDY NOTES WITH QUESTIONS. This is a complete and an all-inclusive guide to MRL3701 - Insolvency Law 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 evidence of insolvency. A person who has insufficient assets to discharge his liabilities (although he sat...