Insolvency Law

Why Lexis® Practical Guidance: Insolvency Law?

The law of insolvency envisages and accounts for sequestration of individuals and liquidations of companies, amongst various other mechanisms and processes which the law of insolvency provides for. Practical Guidance Insolvency Law covers the essential information and easy-to use resources needed to effectively and efficiently deal with insolvency legal matters in South Africa.

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Expert Contributors

Julian has more than 15 years' experience in the insolvency and business rescue industry. After completing his Law Degree in 1996, Julian was awarded a fellowship to teach at the Pennsylvania State University where he was also offered a scholarship to complete a Master's Degree in comparative law which he completed in 1999.

Julian is actively involved in the insolvency and business rescue industry, acting for creditors, lenders, liquidators and business rescue practitioners.  He is also a previous chairperson of the Cape Town Attorneys Association and was responsible for the insolvency portfolio at the Master's office.


Roxanne is an Associate-Designate at Cliffe Dekker Hofmeyr Inc. and will be admitted as an attorney and notary public of the High Court of South Africa in due course.


Neil is a Senior Associate in Knowledge Management with a focus on rendering professional support to Cliffe Dekker Hofmeyr's attorneys in the firm's 12 practice areas. Prior to taking up his position at CDH, Neil lectured at the University of Johannesburg in various undergraduate courses and continues to present aspects of the LLM in Banking and Stock Exchange as a guest lecturer.

Insolvency Law. Table of contents.

  • Schematic representation of the overall insolvency law


  • Compulsory sequestrations
  • Voluntary surrender and friendly sequestrations
  • The effect of sequestrations
  • Section 9(1) application
  • The trustees
  • The creditors
  • Impeachable dispositions
  • After the sequestration
  • Rehabilitation


  • Applicable legislation
  • Voluntary winding-up
  • Winding-up by court
  • Effect of winding-up order
  • Process after winding-up order is obtained
  • Provisional and final liquidators
  • Proof of claims
  • Enquiries
  • Liquidation and distribution account
  • Reckless trading
  • Voidable dispositions
  • What is business rescue
  • How to enter into business rescue
  • The Business Rescue Practititoner
  • Effect of business rescue
  • Role players
  • The business rescue plan
  • Post-commencement financing and ranking of claims
  • Termination of business rescue
  • Criminal offences applicable to insolvency law
  • Overview of cross border insolvency law

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