MRL3701-INSOLVENCY LAW SUMMARY NOTES . STUDY UNIT 1 INTRODUCTION TO INSOLVENCY LAW
Identify the problem faced by the court in Magnum Financial Holdings.
The only problem before the court was whether a trust could, at law, be sequestrated.
Summarise the authority which the court relied on to solv...
STUDY UNIT 6 THE LEGAL POSITION OF THE INSOLVENT 35
STUDY UNIT 7 VESTING OF THE ASSETS OF THE INSOLVENT 43
STUDY UNIT 8 VESTING OF THE ASSETS OF THE SOLVENT
SOUSE 50
STUDY UNIT 9 – 11 UNCOMPLETED CONTRACTS AND LEGAL
PROCEEDINGS NOT YET FINALISED 54
STUDY UNIT 12 MEETINGS OF CREDITORS AND PROOF
OF CLAIMS 65
STUDY UNIT 13 THE ELECTION OF THE TRUSTEE 68
STUDY UNIT 14 IMPEACHABLE DISPOSITIONS – INTRODUCTION
AND DISPOSITIONS MADE NOT FOR VALUE 74
STUDY UNIT 15 VOIDABLE DISPOSITIONS – VOIDABLE AND
UNDUE PREFERENCE, COLLUSIVE DEALINGS
AND THE ACTIO PAULIANA 81
STUDY UNIT 16 IMPEACHABLE DISPOSITIONS – TRANSFER OF
BUSINESS WITHOUT PRESCRIBED NOTICE 90
STUDY UNIT 17 CREDITORS’ CLAIMS AND THEIR RANKING - THE
DIFFERENT TYPES OF CREDITORS 93
STUDY UNIT 18 CREDITORS’ CLAIMS AND THEIR RANKING – THE
ORDER OF RANKING FOR PAYMENT 99
STUDY UNIT 19 COMPOSITION 103
STUDY UNIT 20 REHABILITATION 108
STUDY UNIT 21 PARTNERSHIP AND SEQUESTRATION 112
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STUDY UNIT 22 WINDING UP OF COMPANIES 117
STUDY UNIT 23 JUDICIAL MANAGEMENT AND COMPROMISE 124
STUDY UNIT 24 WINDING UP OF CLOSE CORPORATIONS 128
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