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HOW MUCH ASSETS DO I REQUIRE TO SEQUESTRATE?

HOW MUCH ASSETS DO I REQUIRE TO SEQUESTRATE?

  • In order to sequestrate and in terms of the Insolvency Act 24 of 1936 it must be proven that there will be a benefit to creditors.
  • Initially the South African courts required that each concurrent creditor received at least 10 cents to the rand.
  • Preferred creditors on the other hand need to be paid in full, limited to the value of their security.
  • Currently it is required that a concurrent creditor must receive 20 cents to the rand.
  • A valuator will be appointed to attend to the valuation of your goods to determine whether there will be enough benefit for creditors.
  • A preferred creditor holds security and mostly takes the form of a bank in respect of a bonded property.
  • It is important to note that there must also be enough assets or cash in the insolvent estate to ensure that the administrative costs of the estate are paid.
  • Your children’s assets will be excluded from the insolvent estate

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