The surrendering of your estate is a process instituted by the Courts to help persons that are no longer in a position to honor their debts due to uncontrollable circumstances.
Surrender enables you to regain normality in your financial affairs – where you can adjust your lifestyle to be in line with the available budget, without creditor headaches. You will experience a normal lifestyle without the fear that creditors will phone you day and night from “private numbers” and therefore you can answer your calls fearlessly, and no longer have to worry that the sheriff may make an unwanted house-call.
Voluntary Liquidation is for companies that have no other options left and want the company to wound up in terms of the insolvency laws of South Africa.
Voluntary Liquidation is the process in which a company is shut down and a professional Liquidator is appointed. Proceeds from the sale of assets are paid to creditors. In order to assure that all classes of creditors are compensated, the liquidation process will pay secured and preferential creditors first, and thereafter concurrent creditors.
There is definitely hope after an insolvency. You can apply for rehabilitation to repair your name as “insolvent”. If you should prefer not to apply for rehabilitation, the sequestration will be held against your name with the credit bureau for 10 years, and you will not be able to make any debt within this time period. Debt before sequestration cannot be an issue – it forms part of the insolvent estate and is something of the past.
The Rules of Court states that you may apply for your rehabilitation:
- Four years after the date of sequestration and with the L & D account confirmed by the Master of the High Court.
- Or one year after the L & D is confirmed by the Master of the High Court.