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Insolvency & Liquidation Law

Practical legal guidance when financial difficulties arise for individuals, businesses and creditors

Insolvency matters can affect different parties in very different ways. Whether you are struggling with unmanageable debt, considering sequestration, facing liquidation proceedings or trying to recover money from an insolvent estate, obtaining appropriate legal advice can help you understand your options and protect your interests.

Speak to Our Insolvency Law Team

Individuals: Sequestration & Debt Relief

When personal debt becomes unmanageable, sequestration may provide a legal mechanism for dealing with an individual’s financial circumstances. The process can be complex, and it is important to understand the legal and financial consequences before taking action. We can advise you on your options and guide you through the relevant legal process based on your unique circumstances.
  • Voluntary surrender of an estate
  • Creditor-initiated sequestration applications
  • Rehabilitation applications
  • Urgent applications for protection from creditors

Companies: Liquidation & Business Rescue

Financial distress can have serious consequences for a business, its directors, employees and creditors. Depending on the circumstances, liquidation or business rescue may need to be considered. Our team can help business owners and other affected parties understand the legal options available to them.
  • Voluntary liquidation of solvent and insolvent companies
  • Compulsory liquidation initiated by creditors
  • Asset recovery and distribution processes
  • Business rescue applications
  • Creditor negotiations.

Creditor Services

If you are owed money by an individual or business that has become insolvent, it is important to understand your rights as a creditor and the steps available to protect your interests. We can advise you on the appropriate legal process for pursuing a claim and assist with protecting your interests throughout the insolvency proceedings.
  • Recovery of debts through liquidation or sequestration proceedings
  • Instituting sequestration or liquidation proceedings
  • Proof of claims against insolvent estates
  • Attending creditor meetings
  • Challenging dispositions without value

Disputes & Recovery

Insolvency proceedings may involve transactions that require further investigation or legal action. Where assets or transactions need to be investigated or recovered, we can advise on the legal remedies available and assist with the relevant proceedings.
  • Setting aside impeachable transactions
  • Voidable preference claims
  • Dispositions without value
  • Fraudulent transactions
  • Director and member liability claims

Understanding your options when facing financial distress

Financial difficulties can be overwhelming, particularly when you are unsure about what the next legal step is. Obtaining legal guidance early on can help you understand your position and available options.

The appropriate course of action will depend on your unique circumstances, the nature of the debt or financial difficulty and the interests of the parties involved. Whether you are considering sequestration, dealing with a liquidation, exploring business rescue or trying to recover a debt from an insolvent estate, our team can assist.

At Van Blerk Law, our approach is focused on providing clear, practical legal guidance so that you can make informed decisions.

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