Insolvency Litigation

Insolvency litigation in South Africa is primarily governed by the Insolvency Act 24 of 1936, read together with the Companies Act 61 of 1973 and the Companies Act 71 of 2008. Depending on the matter, the Close Corporations Act 69 of 1984, common law and the rules of court may also apply.

In many insolvent estates the liquidators / trustees require legal assistance to recover property, documents and records which belong to the insolvent estate. This includes the following: 

  • Applications to the High Court to declare certain transactions invalid. E.g. where the company disposed of assets in contravention of the Insolvency Act. 
  • Action instituted against debtors who owe the insolvent estate money; 
  • Holding of Insolvency Enquiries. E.g. Where the directors, debtors and other persons are being interrogated to return assets to the company which have been concealed or unlawfully disposed of. 

Andrew Venter Attorneys are constantly involved in this manner of litigation and is specifically set up to assist either liquidators or witnesses/ defendants involved in all aspects of insolvency proceedings. 

 

This page will continue to develop, with further guidance and practical insight into insolvency litigation and related proceedings.