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Strydom N.O. and Others v Van Zyl and Another (63143/2013) [2014] ZAGPPHC 856 (31 October 2014)
The High Court held that an attorney and a lay adviser shared responsibility for a defective voluntary surrender application that failed to disclose a major creditor claim.
Ex parte: John William Snooke (752/2014) [2014] ZAFSHC 96; 2014 (5) SA 426 (FB) (27 June 2014)
The court finds that, although the applicant has formally complied with section 124(3) of the Insolvency Act, the process was marred by excessive legal costs, inadequate notification and reporting to creditors, and failure to distribute the free residue of the estate. The court expresses grave concern over the abuse of voluntary surrender procedures and the lack of benefit to creditors, noting that the only parties to benefit were the applicant, his attorney, and the trustees. The court holds that rehabilitation should not be granted until creditors are properly notified, given an opportunity…
Source excerpt
In the matter of D (39922/06) [2010] ZAGPPHC 552 (3 February 2010)
The High Court dismissed a voluntary surrender application after finding the applicant had not made full disclosure of assets, income, and debtors.
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