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Norwood, Johannesburg · Established 1993
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Hugh Raichlin Attorneys · Norwood, Johannesburg

Legal options when financial distress needs attention.

Financial distress affects different people in different ways. An individual debtor, company director and creditor may need entirely different advice. HRA assists with personal insolvency, company liquidation, business-rescue advice and rehabilitation applications, subject to the circumstances and available legal routes.

The initial telephone discussion is free and helps us understand whether the firm can assist. A paid consultation is arranged where appropriate. We aim to respond within one working day after receiving your enquiry.

Published by Hugh Raichlin Attorneys.Legally reviewed by Hugh Raichlin (Principal Attorney & Accredited Mediator) on .

Which issue brings you here?

Insolvency and restructuring services

Assess the facts before choosing a label

Personal financial distress, company distress and rehabilitation after sequestration are different assessments, not steps every client follows. The right route depends on who you are and what has already happened; an enquiry does not establish eligibility or a formal appointment.

Which situation matches yours
IssueRoute to assessKey qualification
An individual cannot meet personal debtsPersonal insolvency / sequestration, against alternatives such as debt review.No automatic debt write-off or protection of every asset.
A company cannot meet its obligationsCompany liquidation or business rescue, depending on viability.The firm advises a party; it is not appointed liquidator or practitioner by advising.
A creditor wants to recover from an insolvent partyThe claim, security and the insolvency process.Recovery depends on available assets and the process.
A previously sequestrated person seeks to rehabilitateEligibility and the statutory route from the estate records.A court order, not commercial credit repair; no universal early date.

The correct starting point is not a promise to erase debt or save every business. HRA helps identify the legal issue, the people affected and the information needed to assess possible steps. A rescue enquiry, a liquidation application and an individual's sequestration involve different considerations.

Where company governance, property, employment or a commercial claim is involved, the firm's other practice areas may also be relevant. Advice and formal appointments are distinct; do not assume HRA or a named attorney is appointed as a business rescue practitioner, liquidator or trustee merely because the firm advises on these matters.

A decision map, not an eligibility calculator

1

Individual financial position

Personal insolvency advice.

2

Company financial position

Compare available company-law and restructuring routes.

3

Creditor position

Assess the claim, evidence and enforcement options.

4

Prior sequestration

Assess rehabilitation requirements.

These are orientation branches, not an automatic recommendation. No numerical scores or legal eligibility are derived from form answers.

Prepare a useful summary

A broad picture of assets, debts, security, current proceedings and important dates will help. Directors should identify the company, their role, available financial records and immediate operational concerns. Creditors should identify the claim and relevant supporting agreement.

Common mistakes to avoid

Avoid transferring assets, preferring a course of action or relying on an online eligibility statement without advice. Do not wait for the website response if a court deadline requires immediate attention from a legal practitioner.

Frequently asked questions

Is sequestration the same as debt review?
They are different processes. Explain your circumstances so that appropriate options can be considered; do not treat one as an automatic substitute for the other.
Does a business-rescue enquiry mean the business qualifies?
No. Suitability and the applicable legal route require assessment. An enquiry is not a formal appointment or commencement of proceedings.
Do you assist creditors?
HRA considers creditor enquiries as well as debtor and company matters, subject to conflicts, fit and the nature of the issue.
Can you tell me the consequences before I decide?
That should be part of matter-specific advice. The firm can discuss the scope of a consultation and the information required.

Understand the options before taking the next formal step.

A short confidential enquiry can identify the appropriate discussion.