QUALIFYING CRITERIA FOR Rehabilitation

Listed below are the most common instances in which rehabilitation may be sought:

  • Composition of not less than 50 cents in the Rand:

In this instance, the Master of the High Court will provide a certificate confirming that your creditors have accepted an offer of composition in which payment has been made, or security has been given for payment of not less than 50 cents in the rand for every concurrent claim proved or to be proved against your estate

  • After the lapse of a period of 4 years

Generally, you can apply to be rehabilitated after the lapse of a period of 4 years calculated from the date on which you were sequestrated unless the Master gives a recommendation that you can be rehabilitated before the expiry of the 4 year period

  • If no claim is proved after 6 months

If a period of 6 months has lapsed since the date of your sequestration and no claim has been proved against your estate and your estate has not been previously sequestrated and you have not been convicted of any fraudulent act in relation to your insolvency, you can apply to be rehabilitated.

  • After full payment of all proved claims

If you have paid all your creditor’s claims in full that were proved against your estate, whether secured, preferent or concurrent, you can apply to be rehabilitated. This can be done at any time after the Master has confirmed a distribution plan providing for such payment.

There are other instances when an insolvent can apply for rehabilitation. We therefore advise that you contact us for an assessment as to whether you do qualify to be rehabilitated.

LegalRights - Rehabilitation after Sequestration Enquiry

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