WE SPECIALISE IN INSOLVENCY LAW AND CAN HELP YOU BECOME DEBT-FREE
Understanding what to do and what to sidestep when you struggle with debt is essential to avoid losing everything in the process and still be liable for paying the debt. We specialise in insolvency law, and can thus help you determine the best course of action to address your debt problems.
Indeed, many people mistakenly believe that voluntary sequestration is only for debtors who have immovable property. However, it is possible to qualify for voluntary sequestration without such. We recommend speaking to our attorneys who specialise in insolvency law regarding the requirements and process to follow if you want to file for bankruptcy without immovable property.
WHAT ARE THE ADVANTAGES OF VOLUNTARY SEQUESTRATION?
You become debt-free within a relatively short period. From the moment the notice of intention to sequestrate is published, your creditors must deal with our attorneys. Since we specialise in insolvency law, our attorneys know the procedures to follow in communicating with the creditors. You can thus enjoy stress-free sleep again.
The debt is frozen until the court has decided on the outcome of the voluntary sequestration application. During this time, you are not allowed to make any debt payments, as to eliminate the risk of benefitting one creditor to the disadvantage of the others. This means you have a period of not having to pay creditors. You can save up the money to pay for a deposit on a new rental abode and other costs. Your salary is excluded from the sequestration process, and all garnishee orders on the salary are stopped.
Once the sequestration is complete, you are debt-free and can build up your financial estate. With the savings regarding monthly debt repayments, you can build up enough funds for rehabilitation as soon as possible and once legally allowed.
According to the requirements of insolvency law, your pension is safe and so is the money you receive from a personal injury claim. The process is handled discreetly, and you do not have to appear in court. Our attorneys represent you. Your employer is not notified of the sequestration.
WHAT ARE THE DISADVANTAGES OF VOLUNTARY SEQUESTRATION?
Your immovable assets form part of the surrendered estate. As such, your house and any other immovable property are sold at auction to ensure the sequestration costs are covered, legal fees paid, administration fees paid, and minimum benefits distributed among the creditors. Some of your movable assets are also sold at auction, such as expensive jewellery, antique furniture, extra computers, mountain bikes, boats, etc. However, since we specialise in insolvency law, our attorneys understand which assets we can negotiate to have written up, but not removed from your property and how to arrange for buy back of those assets, such as your furniture at the low auction value.
You cannot hold certain government positions, specific financially responsible positions, or director/trustee positions while under sequestration. We will discuss the restricted positions upon your first appointment. Even if you specialise in a particular financial field, you should still be able to earn an income.
You can only enter credit agreements with the written permission of the trustee/curator, and must disclose your sequestration status if so required on a credit or rental application form.
It is an expensive process, and as such, it is only recommended if you qualify and it can be in your best interest. Alternative routes include borrowing money from friends or family members to pay off your debt, obtaining a debt consolidation loan, entering debt review, or applying for administration.
However, you may already have followed the above routes or have attempted, but did not qualify, or the solutions were not applicable to you. In this regard, you can rest assured that our attorneys can help you determine whether you qualify for voluntary sequestration and inform you about the procedures involved.
We specialise in insolvency law and understand the process. As such, we look at your list of creditors, your monthly income and expenses, and your assets in determining whether sequestration can work for you. Our attorneys furthermore explain how sequestration affects your spouse if married in community of property and when married out of community of property. You can make an informed decision. As such, when you do move forward with voluntary sequestration, you know it is the best route for you to become debt-free.
Get in touch for more information and professional legal assistance in dealing with mounting debt. Our attorneys, who specialise in insolvency law, are here to help you determine the best course of action in becoming debt-free.
Disclaimer: This article is for information purposes only and does not constitute legal advice. Call on our attorneys for legal advice, rather than relying on the information herein to make any decisions. The information is relevant to the date of publishing.