MASTER OF THE HIGH COURT: Liquidations
   
 

When may an insolvent apply for rehabilitation

For details, please read sections 119 to 129 of the Insolvency Act 24 of 1936 as amended


  • At any time

If an offer of composition is made and accepted by three quarters of creditors in number and value, and after payment has been made or security given, or;

If all creditors' claims and sequestration costs are paid in full


  • Six months

After six months of sequestration if no claims have been proven against the estate, provided the insolvent has not been convicted of certain offences and has not previously been sequestrated;  


  • Twelve months

If the insolvent has not been convicted of certain offences and has not previously been sequestrated, he may apply for rehabilitation after 12 months have elapsed from the date of the Master's confirmation of the first trustee's account in the estate;


  • Three years

If the insolvent has not been convicted of certain offences, but has previously been sequestrated, he may not apply for rehabilitation until three years have elapsed from the date of the Master's confirmation of the first trustee's account in the estate;


  • Five years

If the insolvent has been convicted of certain offences, he may not apply for rehabilitation until five years have elapsed from the date of his conviction; 


  • Ten years

After 10 years have expired an insolvent is deemed to be rehabilitated unless a court orders otherwise upon the application of an interested person.  Such an application must be made within the ten year  period.