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MRL3701 INSOLVENCY LAW PAST EXAM PACK QUESTIONS AND ANSWERS SUMMARISED NOTES S - The study-notes marketplace MRL 3701 OCTOBER/NOVEMBER 2018 QUESTION 1 a) Inability to pay debts is, at most merely evidence of insolvency. (page 3) b) Brenda’s application for voluntary surrender must be set out the causes of her insolvency in some detail to enable the court to determine whether the application is ......................... c) Christopher commits an act of insolvency by depar...

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Question 1 1.1 Explain when a formal defect in an application for the sequestration of an insolvent estate will be considered as fatal. (5) 1.2 Explain why the court in Ex Parte Arntzen (Nedbank Ltd as Intervening Creditor) 2013 (1) SA 49 (KZP) held that creditors are more vulnerable in voluntary surrender applications than in compulsory sequestration which then gives rise to the requirement of a higher level of disclosure. (15) 1.3 One of the requirements of the Insolvency Act 24 of...

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