Living Under the Cloud of Insolvency
The Final Step Toward Financial Recovery
Being an unrehabilitated insolvent carries significant legal disabilities: you cannot act as a company director, you cannot incur debt without the permission of your trustee, and your credit record is severely impaired. Rehabilitation is the only legal way to remove these restrictions and fully re-enter the economy.
Rehabilitation formally restores your financial status and legal capacity after sequestration. Once approved by the High Court, you are no longer insolvent, can hold assets, apply for credit, and rebuild your financial future.
We Assist With:
- Restores legal capacity and credit status.
- Allows ownership of assets again.
- Enables you to act as company director or trustee.
- Closes all sequestration proceedings.
- Provides legal and financial peace of mind.
- Expertise in the Insolvency Act: Our deep, technical understanding of the law ensures your application is correctly prepared and has the best possible chance of success.
- Meticulous Process Management: We handle all the administrative complexities, from corresponding with the Master’s Office to publishing the required legal notices.
- A Long-Term Partner: For many clients, we guided them through the initial sequestration process. We are proud to be the firm that helps them complete their journey.
- Clear Guidance: We provide a clear explanation of the process and a transparent breakdown of the costs involved.
- Accredited Mediation Expertise: Qualified under the Gauteng directive.
- Comprehensive Service: From sequestration to full rehabilitation.
- Confidential Process: Protecting your privacy and dignity.
- Proven Success: Track record of approved applications and restored credit.
- Eligibility Assessment: We conduct a thorough review of your original sequestration order and the final accounts from the trustee to confirm that you are legally eligible to apply.
- Gathering Reports: We obtain the required reports and recommendations from your trustee and the Master of the High Court.
- Drafting the Application: We prepare a detailed affidavit and the formal court application, outlining how you meet the statutory requirements.
- Advertising Notice: We publish the required legal notices of your intention to apply for rehabilitation in the Government Gazette.
- Court Application: We represent you in the High Court and present the application to a judge.
- Hearing & Approval – Court evaluates compliance and creditor responses.
- Official Rehabilitation Order Granted & Rescission: Once the rehabilitation order is granted, insolvency status is lifted. We ensure it is formally served on the credit bureaus so that the notice of your sequestration is removed from your credit record.
- Learn About Corporate Insolvency →
- Four years after sequestration (standard period).
- Earlier if all debts are paid in full or a composition is approved by creditors.
- Immediately if estate has been fully settled and confirmed by the Master of the High Court.
Supporting Documents Include:
- Court sequestration order
- Master’s compliance certificate
- Proof of debt settlement or dividend payments
- Updated financial and personal records
- Learn About Estate Administration →
- Applying Too Early: Filing before the minimum statutory period. Applying before you are legally eligible will result in your application being dismissed by the court.
- Incomplete Paperwork: Missing Master’s certificate or affidavits. The application requires specific reports from the Master and the trustee. Failing to obtain these will halt the process.
- Not Following Procedure: The requirements for advertising the application are strict. Any error can cause your application to be postponed.
- Failing to Disclose All Facts: You must make a full and frank disclosure of all your circumstances to the court in your application.
- Unpaid Debts or Fees – Outstanding accounts block approval.
- Failure to Notify Creditors – Causes objections at the hearing.
- Ignoring Mediation Opportunities – The High Court directive encourages mediation in disputed cases.
- Court-Linked Mediation Explained →
- Creditor objections or disputes
- Settlement of outstanding claims
- Composition negotiations
- Clarification of payment or compliance terms
- Explore Mediation & Arbitration →
Clarity • Confidence • Compliance
Rehabilitation FAQs
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