Rehabilitation Check List

What information you must provide to an attorney to apply for your rehabilitation

Rehabiltation steps
We charge an inclusive fee of R16000.
The process is simple but, unfortunately, expensive as we have to apply to the High Court on 6 weeks’ notice to the trustee (who needs to support the application), the Master of the High Court, and also publish notice in the Government Gazette.
It’s important to note that 12 months’ must have elapsed from the time that the Master confirmed the Liquidation and Distribution Account, before you can apply. Your trustee will let you know if you are eligible.
We’ll need the following information (some of which we may have to get from your trustee):
Your full names
Identity Number
Job description now
Job description at the time of your sequestration
Employer’s detail now
Your current income
Your wife’s income (if applicable)
Employer’s detail at the time of your sequestration
Place of employment now
Place of employment at the time of your sequestration
Date of provisional sequestration
Date of final sequestration / voluntary surrender of estate
Full details of trustee (his/her name, name of firm, email and other contact details)
Date of his / her certificate of appointment
Reasons for your insolvency e.g.
I had bound myself as surety on behalf of the creditors of the company. Unfortunately, because of bad debts the company was unable to pay the claims of the creditors, who then sued me in terms of the suretyships that I had signed. In consequence, my estate was both factually and commercially insolvent and was sequestrated.
Details of assets and liabilities as at the date of sequestration of our estate (that I’ll get from the trustee)
The date when the Master confirmed the First and Final Liquidation and Distribution Account
Confirmation that, save for personal clothing and effects of no commercial value, there are no further assets in the estate for realization. Furthermore, I have no liabilities, save for my  monthly commitments referred to in  spreadsheet that I will provide if you instruct me to proceed
Confirmation that all the creditors in the Estate reside or carry on business in Gauteng  and have had an opportunity to file a claim in the Estate
Confirmation that your estate was not sequestrated under any law prior to the sequestration which you now desire to end
Confirmation that you not been convicted of any criminal offence

 

If you want our help, please email Roy Bregman so that we can set up an obligation-free appointment to discuss the next steps and to agree on fees and payment terms.

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