INSOLVENCY LAW (MRL3701)

QUESTIONS: (a) Explain the concept of a voidable preference, and also discuss what a trustee must prove in order to have such a transaction set aside by the court. (b) Explain the concept of an undue preference, and also discuss what a trustee must prove in order to have such a transaction set aside. (c) Discuss fully whether, and on what basis, the trustee of Simphiwe’s insolvent estate would be able to recover the R80 000 paid by Simphiwe to his father-in-law.

Simphiwe owes a total of R3 million to various creditors. His creditors include Tebogo to whom he owes R400 000. He also owes R1,3 million to BFN Bank. Last year Simphiwe invested in a get-rich-quick scheme and as a result he lost a lot of money. This left him in a dire financial situation. By 31 October 2023 his liabilities exceeded his assets by R800 000. Over the past few months Simphiwe has failed to pay some of his debts. In particular he failed to pay the R400 000 he owes to Tebo...

MRL3701 ASSIGNMENT 2 SEMESTER 2 - 2024 DUE DATE: 20 SEPTEMBER 2024 QUESTION: Simphiwe owes a total of R3 million to various creditors. His creditors include Tebogo to whom he owes R400 000. He also owes R1,3 million to BFN Bank. Last year Simphiwe invested in a get-rich-quick scheme and as a result he lost a lot of money. This left him in a dire financial situation. By 31 October 2023 his liabilities exceeded his assets by R800 000. Over the past few months Simphiwe has failed to pay som...

MRL3701 ASSIGNMENT 1 MEMO - SEMESTER 2 - 2024 - UNISA - DUE : 30 AUGUST 2024 - UNIQUE NUMBER:- ( FULLY REFERENCED WITH FOOTNOTES- DISTINCTION GUARANTEED) QUESTION: See the table below and match the columns to answer the following questions. You must therefore answer the question as follows on your answer sheet (see ONLY AN EXAMPLE below) and do so for every question (a) - (e). (a) 1. 2. 3. Case name: Ex Parte Snooke 2014 (5) SA 426 (FB) Ratio decidendi of the case: This was an applica...

MRL3701 ASSIGNMENT 1 SEMESTER 2 2024 DUE 30 AUGUST 2024

MRL3701 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 30 August 2024 Course Insolvency Law (MRL3701) Institution University Of South Africa (Unisa) Book Hockly's Insolvency Law Casebook

MRL3701 Assignment 1 Full Solutions Semester 2 2024 - DUE 30 August 2024 ;100 % TRUSTED workings, Expert Solved, Explanations and Solutions. See the table below and match the columns to answer the following questions. You must therefore answer the question as follows on your answer sheet (see ONLY AN EXAMPLE below) and do so for every question (a) – (e). (a) 1. Case name: Ex Parte Snooke 2014 (5) SA 426 (FB) 2. Ratio decidendi of the case: This was an application for rehabilitation. Several c...

MRL3701 ASSIGNMENT 1 FOR SEMESTER 2 OF 2024 DUE ON THE 30TH OF AUGUST 2024 DISTINCTION GUARANTEED!!!

MRL3701 ASSIGNMENT 1 SEMESTER 2 - 2024 DUE DATE: 30 AUGUST 2024 1. Case name: Amod v Khan 1947 (2) SA 432 (N) 2. Ratio decidendi of the case: Even when all the requirements of section 12 were complied with, the court retained its discretion to grant or refuse a sequestration order. 3. Area of Insolvency Law applicable: Compulsory Sequestration.